Dr. MARCOS SZOMSTEIN, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. MARCOS SZOMSTEIN, MD

8720 N. Kendall Drive, Suite 108

Miami, FL

33176

Dade

Court Case # 13-34027 CA 32

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201781793
Claim Number :	1016858-01
Date Submitted :	8/17/2017

Insurer Information

Insurer Name				Coverage Type
MEDICAL PROTECTIVE COMPANY (THE)				Primary
Insurer FEIN		Professional License Number
35-0506406
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Lynn			Louthan
Street Address
5814 Reed Road
City				State	Zip
Ft Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0778			reportaclaim@medpro.com

Insured Information

Type	First Name		MI	Last Name
Individual	Marcos			Szomstein
Insurer Type		Street Address of Practice
Licensed		7765 SW 87th Ave Ste 212
City		State	Zip Code	County
Miami		FL	33173	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
767156		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME72681		Surgery - Colon and Rectal

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
			M	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
Patients' Room
Date of Occurrence		Date Reported to Insurer
8/2/2012		12/13/2013

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
colo rectal issues
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
hospitalization with diagnostic testing
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
discharged without completing hematology consult
Principal Injury Giving Rise To The Claim
stroke post discharge
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
9/26/2014			13-34027 CA 32
County Suit Filed in			Date of Final Disposition
Dade			4/10/2017
Other Defendants Involved in this Claim
Baptist Hospital of Miami Inc Oncology Hematology Radiation Care LLC dba Advanced Medical Martel MD, Jerry Marcos Szomstein MD PA Ferrer Jr MD, Jose P Gastro Health PL dba Gastro Health Fein MD, Steven G Advanced Medical Specialties LLC
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
4/10/2017

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

$78,144

All Other Loss Adjustment Expense Paid

$52,783

Injured Person's Total Non-Economic Loss

$137,500

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

n/a

Updates

Date of Change:

8/17/2017 1:40:28 PM

Reason for Change:

ALE UPDATE 8/17/2017

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	44741	78144
All Other Loss Adjustment Expense Paid	13074	52783

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Court Case # 02-9183-CA10

Indemnity Paid: $115,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200433440
Claim Number :	A02-25319-99
Date Submitted :	11/17/2004

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	Cheri		M	Montague
Street Address
1000 Riverside Drive, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3043	(904) 358 - 6728	montague@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Marcos			Szomstein
Insurer Type		Street Address of Practice
Licensed		8720 N. Kendall Drive, Suite 108
City		State	Zip Code	County
Miami		FL	33176	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
45680		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME72681		Surgery - Colon and Rectal		0

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
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
2/1/1999		1/10/2002

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient sought treatment for rectal bleeding. The actual diagnosis was adenocarcinoma of the colon.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Our insured treated the patient conservatively.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
It is alleged that the insured failed to perform a sigmoidoscopy, which contributed to a delay in the diagnosis of colon cancer.
Principal Injury Giving Rise To The Claim
Adenocarcinoma of the sigmoid colon.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
4/15/2002			02-9183-CA10
County Suit Filed in			Date of Final Disposition
Dade			10/19/2004
Other Defendants Involved in this Claim
CAC Medical Centers Garcia, M.D., Julio Hernandez, M.D., Moisrs Kiliddjan, M.D., Pedro Ferrer, M.D., Jose Garcia, M.D., Juan Villalba, M.D., Benjamin Ramos, M.D., Pedro
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
10/19/2004

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$115,000

Loss Adjust Expense Paid to Defense Counsel

$76,728

All Other Loss Adjustment Expense Paid

$26,815

Injured Person's Total Non-Economic Loss

$115,000

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. Risk management referral is made if appropriate.

Updates

No updates found.

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Frequently Asked Questions

Does Dr. MARCOS SZOMSTEIN, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MARCOS SZOMSTEIN, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases