Dr. MANUEL A PENALVER, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. MANUEL A PENALVER, MD

5000 University Drive, Suite 3300

Coral Gables, FL

33146

Dade

Court Case # 07-39975 CA 16

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201368445
Claim Number :	1157-P
Date Submitted :	9/23/2013

Insurer Information

Insurer Name				Coverage Type
LEXINGTON INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
25-1149494
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Denyse		A	Austra
Street Address
2270 Colonial Blvd
City				State	Zip
Ft. Myers				FL	33907
Phone	Ext	Fax	E-Mail Address
(239) 931 - 7303		(239) 344 - 4030	daustra@rtsx.com

Insured Information

Type	First Name		MI	Last Name
Individual	Manuel		A	Penalver
Insurer Type		Street Address of Practice
Licensed		5000 University Drive, Suite 3300
City		State	Zip Code	County
Coral Gables		FL	33146	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
343-3640		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME32935		Surgery - oncology

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
PALMETTO GENERAL HOSPITAL		100187
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
8/19/2005		5/26/2006

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Left adnexal cyst and adhesions
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Exploratory laparatomy; total-abdominal hysterectomy; bilateral salpingo-oophorectomy
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Bowel perforation during hysterectomy
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
12/4/2007			07-39975 CA 16
County Suit Filed in			Date of Final Disposition
Dade			2/20/2013
Other Defendants Involved in this Claim
Palmetto General Hospital 21st Century Oncology, Inc. Radiation Therapy Services, Inc.
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
1/22/2013

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$250,000

Loss Adjust Expense Paid to Defense Counsel

$132,208

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

Known risk and complication from surgery.

Updates

No updates found.

*NR:Prior to 04/28/1999 this field was not required in submitted claims.

This page is not displaying certain sensitive information.

Court Case # 13-036345 CA 01

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201884383
Claim Number :	FP4314501
Date Submitted :	2/21/2018

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kelly			Andrews
Street Address
12724 Gran Bay Parkway, W., Suite 400
City				State	Zip
Jacksonville				FL	32258
Phone	Ext	Fax	E-Mail Address
(904) 360 - 3038			kandrews@thedoctors.com

Insured Information

Type	First Name		MI	Last Name
Individual	Manuel		A	Penalver
Insurer Type		Street Address of Practice
Licensed		5000 University Drive
City		State	Zip Code	County
Coral Gables		FL	33146	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FP-IN4314501		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME32935		Gynecology - No Surgery

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
BAPTIST HOSPITAL OF MIAMI		100008
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
5/26/2011		5/22/2012

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
5cm left ovarian cyst.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient underwent a robotic laparoscopy and had to be converted to an open surgery due to the mass to be retroperiotoneal and severely adherent to the sigmoid colon.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Damage to the bowel.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
11/21/2013			13-036345 CA 01
County Suit Filed in			Date of Final Disposition
Dade			2/2/2018
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
During trial, but before court verdict.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/2/2018

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$250,000

Loss Adjust Expense Paid to Defense Counsel

$203,664

All Other Loss Adjustment Expense Paid

$71,759

Injured Person's Total Non-Economic Loss

$250,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$355,515	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate.

Updates

No updates found.

*NR: Prior to 04/28/1999 this field was not required in submitted claims.

This page is not displaying certain sensitive information.

Court Case # 12-502222CA04

Indemnity Paid: $150,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201783524
Claim Number :	FP4163102
Date Submitted :	10/31/2017

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kelly			Andrews
Street Address
12724 Gran Bay Parkway, W., Suite 400
City				State	Zip
Jacksonville				FL	32258
Phone	Ext	Fax	E-Mail Address
(904) 360 - 3038			kandrews@thedoctors.com

Insured Information

Type	First Name		MI	Last Name
Individual	Manuel		A	Penalver
Insurer Type		Street Address of Practice
Licensed		5000 University Drive, Suite 3300
City		State	Zip Code	County
Coral Gables		FL	33146	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FP-IN087141		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME32935		Surgery - Gynecology

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
BAPTIST HOSPITAL OF MIAMI		100008
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
10/14/2010		6/15/2011

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cysts and elevated CA-125.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient underwent a robotic hysterectomy, bilateral salpingo-oophorectormy, cystotomy and repair.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Damage to the ureter.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
1/3/2013			12-502222CA04
County Suit Filed in			Date of Final Disposition
Dade			10/18/2017
Other Defendants Involved in this Claim
Intuitive Surgical, Inc.
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
10/18/2017

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$150,000

Loss Adjust Expense Paid to Defense Counsel

$94,929

All Other Loss Adjustment Expense Paid

$101,497

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate.

Updates

Date of Change:

10/31/2017 10:49:08 AM

Reason for Change:

Updated insurer claim number.

Field Changed	Former Value	New Value
Claim Number	FP4133102	FP4163102

*NR: Prior to 04/28/1999 this field was not required in submitted claims.

This page is not displaying certain sensitive information.

Court Case # 15-029623CA23

Indemnity Paid: $125,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201988055
Claim Number :	333465
Date Submitted :	3/5/2019

Insurer Information

Insurer Name				Coverage Type
DOCTORS COMPANY, AN INTERINSURANCE EXCHANGE (THE)				Primary
Insurer FEIN		Professional License Number
95-3014772
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kelly			Andrews
Street Address
12724 Gran Bay Parkway, W., Suite 400
City				State	Zip
Jacksonville				FL	32258
Phone	Ext	Fax	E-Mail Address
(904) 360 - 3038			kandrews@thedoctors.com

Insured Information

Type	First Name		MI	Last Name
Individual	Manuel		A	Penalver
Insurer Type		Street Address of Practice
Licensed		5000 University Drive
City		State	Zip Code	County
Coral Gables		FL	33146	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
959931		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME32935		Gynecology - Minor Surgery

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Hospital/Institution		Doctors Hospital
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
9/26/2013		8/26/2015

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Post menopause bleeding.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
DaVinci robotic laparoscopic hysterectomy. Bilateral Salpingo-oophorectomy.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Post op the patient developed left hydro nephrosis and suspected ureteral obstruction requiring treatment and surgery by urologist. Patient then developed vesicovaginal fistula requiring further surgery.
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
12/28/2015			15-029623CA23
County Suit Filed in			Date of Final Disposition
Dade			2/12/2019
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/12/2019

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$125,000

Loss Adjust Expense Paid to Defense Counsel

$87,198

All Other Loss Adjustment Expense Paid

$46,346

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate.

Updates

No updates found.

Court Case # 13-29897-CA-13

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201679829
Claim Number :	307080
Date Submitted :	9/29/2016

Insurer Information

Insurer Name				Coverage Type
DOCTORS COMPANY, AN INTERINSURANCE EXCHANGE (THE)				Primary
Insurer FEIN		Professional License Number
95-3014772
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kelly			Andrews
Street Address
12724 Gran Bay Parkway, W., Suite 400
City				State	Zip
Jacksonville				FL	32258
Phone	Ext	Fax	E-Mail Address
(904) 360 - 3038			kandrews@thedoctors.com

Insured Information

Type	First Name		MI	Last Name
Individual	Manuel		A	Penalver
Insurer Type		Street Address of Practice
Licensed		5000 University Drive
City		State	Zip Code	County
Coral Gables		FL	33146	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FP-IN087141		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME32935		Gynecology - Minor Surgery

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Location		Doctors Hospital, Coral Gables FL
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
8/10/2011		6/6/2013

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Cervical dysplasia.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Total abdominal hysterectomy, bilateral salpingo-oophorectomy.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient experienced a known complication, perforated bowel, which required surgical intervention to correct.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
9/17/2013			13-29897-CA-13
County Suit Filed in			Date of Final Disposition
Dade			9/9/2016
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
No Payment Made
Court Decision			Other
Other			Voluntary Dismissal with Prejudice
Arbitration
Claim not subject to Arbitration.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Indemnity Paid by Insurer on behalf of Insured

Loss Adjust Expense Paid to Defense Counsel

$39,166

All Other Loss Adjustment Expense Paid

$46,131

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate.

Updates

No updates found.

*NR: Prior to 04/28/1999 this field was not required in submitted claims.

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. MANUEL A PENALVER, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MANUEL A PENALVER, MD has at least 5 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases