Dr. MARIO M MAGCALAS, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. MARIO M MAGCALAS, MD

7100 West 20th Ave, Ste 504

Hialeah, FL

33016

Dade

Court Case # CACE-16-008712 (05)

Indemnity Paid: $495,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201884183
Claim Number :	MM277998
Date Submitted :	1/25/2018

Insurer Information

Insurer Name				Coverage Type
EVANSTON INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
36-2950161
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	CRYSTAL		L	ALSTONBAYTON
Street Address
4600 COX ROAD
City				State	Zip
GLEN ALLEN				VA	23060
Phone	Ext	Fax	E-Mail Address
(804) 864 - 3731		(855) 662 - 7535	CALSTONBAYTON@MARKELCORP.COM

Insured Information

Type	First Name		MI	Last Name
Individual	MARIO		M	MAGCALAS
Insurer Type		Street Address of Practice
Licensed		7100 W 20TH AVE ROOM 504
City		State	Zip Code	County
HIALEAH		FL	33016	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MM825508		$500,000		$1,500,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME71103		Pulmonary Diseases - 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	Broward
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
MEMORIAL HOSPITAL WEST		111527
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
12/27/2014		12/11/2015

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
PRESENTED TO URGENT CARE AND ER WITH SEVERE COLD SYMPTOMS
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SYMPTOMS OF COLD WORSENED AND PT BEGAN TO COMPLAIN OF CHEST PAINS. ALLEGEDLY THE LUNG EXPANDED AGAINST THE HEART ENABLING THE HEART FROM PUMPING BLOOD CAUSING HER TO BE UNABLE TO BE RECUSITATED.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NO MISDIAGNOSIS
Principal Injury Giving Rise To The Claim
This Florida claim (NOI) arises from the death of a 45 year old female on December 30, 2014 while a patient at Memorial Hospital West located in Hollywood, Florida. The patient first presented with cold-like symptoms to an acute care facility on December 27, 2014. Those problems continued until she presented to the emergency room during the evening hours on December 29, 2014 with primary complaints of chest pain and difficulty breathing. The insured (consulting pulmonologist) first examined the patient in the telemetry unit on December 30, 2014 at 8:45 am. The patient's condition deteriorated throughout the day, culminating in a Code Blue at 9:22 pm and her death at 10:07 pm. A synopsis of the allegations again
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
5/10/2016			CACE-16-008712 (05)
County Suit Filed in			Date of Final Disposition
Broward			6/6/2017
Other Defendants Involved in this Claim
SOUTH BROWARD HOSPITAL DISTRICT DBA MEMORIAL HOSPITAL WEST GOLDBERG, JUDAH INPHYNET SOUTH BROWARD LLC MARKOVIC, SLAVISA BREDY, MARJORIE INPATIENT CONSULTANTS OF FLORIDA, INC AMINI, KAYVAN SOUTH FLORIDA CARDIOLOGY CONSULTANTS PA
Stage of Legal System at which Settlement was Reached or Award Made
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim subject to arbitration, but settlement reached in lieu of award.
Date of Payment
3/17/2017

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$495,000

Loss Adjust Expense Paid to Defense Counsel

$58,842

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

Deductible

$5,000

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

NONE

Updates

No updates found.

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Court Case # 05-21178CA22

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200848585
Claim Number :	31785-01
Date Submitted :	2/13/2008

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	Odessa			Choice
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3045	(904) 358 - 6728	odessa.choice@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Mario			Magcalas
Insurer Type		Street Address of Practice
Licensed		7100 West 20th Ave, Ste 504
City		State	Zip Code	County
Hialeah		FL	33016	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
37978		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME71103		Pulmonary Diseases - No Surgery		80269

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
Critical Care Unit
Date of Occurrence		Date Reported to Insurer
1/25/2004		12/17/2004

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient admitted for emergency c-section due to fetal distress.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Emergency c-section and was treated for hypoxemia.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to transfer patient to Jackson Memorial Hospital for additional care and treatment.
Principal Injury Giving Rise To The Claim
Failure to transfer patient to Jackson Memorial Hospital for additional care and treatment, resulting in death.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
11/2/2005			05-21178CA22
County Suit Filed in			Date of Final Disposition
Dade			1/21/2008
Other Defendants Involved in this Claim
Palmetto General Hospital Jaraki, M.D., Abdul-Rahman Mejia, M.D., Eduardo Marquez, M.D., JoseL Serrao, M.D., Carlos Diaz, M.D., Pedro O Machado, M.D., Ricardo L
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
1/21/2008

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

$85,355

All Other Loss Adjustment Expense Paid

$35,868

Injured Person's Total Non-Economic Loss

$250,000

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.

This page is not displaying certain sensitive information.

Court Case # 07-43644CA32

Indemnity Paid: $135,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200851746
Claim Number :	35533-01
Date Submitted :	12/12/2008

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	Odessa			Choice
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3045	(904) 358 - 6728	odessa.choice@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Mario			Magcalas
Insurer Type		Street Address of Practice
Licensed		10794 Pines Blvd, Ste 205
City		State	Zip Code	County
Hollywood		FL	33026	Broward
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
37978		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME71103		Pulmonary Diseases - No Surgery		80269

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
PALMETTO GENERAL HOSPITAL		100187
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
5/24/2006		4/11/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hypercapnia.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to properly diagnose and treat patient with respiratory acidosis, resulting in respiratory failure with congestive heart failure.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Death.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
12/13/2007			07-43644CA32
County Suit Filed in			Date of Final Disposition
Dade			11/24/2008
Other Defendants Involved in this Claim
Castillo, M.D., Sergio Cantreras, M.D., Jose Palmetto General Hospital Valencia, M.D., Mirna
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
11/24/2008

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$135,000

Loss Adjust Expense Paid to Defense Counsel

$18,975

All Other Loss Adjustment Expense Paid

$13,340

Injured Person's Total Non-Economic Loss

$135,000

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.

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. MARIO M MAGCALAS, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MARIO M MAGCALAS, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases