Dr. MARK A MAEDERER, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. MARK A MAEDERER, MD

3185 SW 8th St.

Miami, FL

33135

Dade

Court Case # 16-6642-CA-04

Indemnity Paid: $225,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201680292
Claim Number :	20581-02
Date Submitted :	11/16/2016

Insurer Information

Insurer Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
3000 Meridian Blvd., Suite 400
City				State	Zip
Franklin				TN	37067
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	MARK		A	MAEDERER
Insurer Type		Street Address of Practice
Licensed		3185 SW 8th St.
City		State	Zip Code	County
Miami		FL	33135	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0012487		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2975

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
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
5/6/2013		5/12/2015

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Routine diabetic foot care
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Debridement of nails
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
72 year old male was seen by insured for diabetic foot care. The plaintiff suffered from significantly decreased arterial flow to the lower extremities. Plaintiff developed an infection and amputation of great toe. Plaintiff alleges that, with earlier vascular intervention, the complications may have never arisen.
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
3/16/2016			16-6642-CA-04
County Suit Filed in			Date of Final Disposition
Dade			11/2/2016
Other Defendants Involved in this Claim
Miami Foot Center Gershbein-Pratts, DPM, Ellen
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
11/2/2016

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$225,000

Loss Adjust Expense Paid to Defense Counsel

$25,181

All Other Loss Adjustment Expense Paid

$4,560

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$158,000	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

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

None - Specialty code #80993

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 # 11-20632-CA-02

Indemnity Paid: $212,500.00

Medical Malpractice Closed Claims Report

Department File Number :	M201366338
Claim Number :	15553-01
Date Submitted :	3/7/2013

Insurer Information

Insurer Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
3000 Meridian Blvd., Suite 400
City				State	Zip
Franklin				TN	37067
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	MARK		A	MAEDERER
Insurer Type		Street Address of Practice
Licensed		3185 SW 8th St.
City		State	Zip Code	County
Miami		FL	33135	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0012487		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2975

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
2/5/2009		4/21/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Superficial diabetic ulcer, underside of left, great toe
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Antibiotics
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient was a diabetic with a long list of medical conditions including acute and chronic renal disease when seen by insured for the main issues surrounding this case on 1/6/09.At this point the patient presented with an ulcer under her left hallux.It is clear from the reports that this patient was non-compliant.At this visit the patient was given a prescription for antibiotics for two weeks.The patient returned on 1/21 and a culture was taken which revealed three organisms.By 2/4 the patient returned with a complaint of discoloration and foul odor from the left hallux.The decision was made to admit the patient to the hospital where on 2/5 she underwent an amputation of the left great toe.This healed without complication. Patient alleges insured failed to recognize the infection and failed to use appropriate antibiotics.In fact, it is interesting to note, that the patient continued treating with the insured for a number of months and even underwent multiple subsequent surgeries with uneventful outcomes.Out expert stated that although there was an unfortunate outcome of a loss of the hallux, this could almost have been predicted given the severe extent of this patientÂ¿s underlying disease at such a young age.Furthermore, if this is complicated by patient non-compliance, the toe would have gone bad regardless of which antibiotic was given. It is well accepted that a clean, non-infected diabetic ulcer can become limb-threatening, literally, within a day.Within a reasonable degree of certainty that is what occurred in this case.
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
7/15/2011			11-20632-CA-02
County Suit Filed in			Date of Final Disposition
Dade			2/8/2013
Other Defendants Involved in this Claim
Mark Maederer, DPM, Inc. Daryl M. Gershbein, DPM, P.A.
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
2/12/2013

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$212,500

Loss Adjust Expense Paid to Defense Counsel

$36,567

All Other Loss Adjustment Expense Paid

$6,662

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$135,020	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

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

None - Specialty code #80993

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 # 12-41100CA31

Indemnity Paid: $112,500.00

Medical Malpractice Closed Claims Report

Department File Number :	M201470790
Claim Number :	18140-01
Date Submitted :	5/13/2014

Insurer Information

Insurer Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
3000 Meridian Blvd., Suite 400
City				State	Zip
Franklin				TN	37067
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	MARK		A	MAEDERER
Insurer Type		Street Address of Practice
Licensed		3185 SW 8th St.
City		State	Zip Code	County
Miami		FL	33135	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0012487		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2975

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
5/26/2010		6/13/2012

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Multiple metatarsal fractures, right forefoot; bimalleolar ankle fracture, right; possible compartment syndrome
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
X-rays taken; BK cast applied
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient was seen by insured on 04-21-10, approx. 5 to 6 days after she insured her right foot and ankle.She was noted to be swollen and painful at the third, fourth and fifth metatarsals and at the tibia and fibula of the right ankle.X-rays were taken, and she was diagnosed with a fracture of the third metatarsal base and possibly the fourth and fifth metatarsal bases. It was also noted there were fractures of the distal fibula and posterior tibia.Insured was concerned with compartment syndrome and sent patient for testing.She returned on 04-22-10 with "no compartment syndrome ". At the time, the diagnosis was bi-malleolar fracture of the right ankle and multiple metatarsal fractures on the right.The patient was placed in MBK cast, told to be minimally weight-bearing and given a rolling walker.Patient returned on 05-26-10 with increased pain in her ankle.It was noted that she had been weight-bearing in the cast without using her walker. The cast was removed and there was decreased edema in both the foot and ankle, but there was increased pain along the tibia and fibula of the right ankle.New x-rays were taken, and it was noted that there was a severely displaced ankle fracture with possible dislocation of the ankle joint. The patient was placed in a BK cast and told to be strictly non-weight bearing on the right. The patient was told to go STAT to the emergency room for an orthopedic consult.Patient claims continued pain and worsening to the initial fractures to her right tibia and fibula, which ultimately required further surgery.She alleges insured failed to appropriately diagnose and treat her fractures.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
10/16/2012			12-41100CA31
County Suit Filed in			Date of Final Disposition
Dade			5/8/2014
Other Defendants Involved in this Claim
Mark Maederer, DPM, Inc. Darryl M. Gershbein, DPM, P.A. Homestead Hospital Frias, M.D., Juan Vega, M.D., Otto Martin, M.D., Edgar HomesteadMed, P.A.
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
5/13/2014

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$112,500

Loss Adjust Expense Paid to Defense Counsel

$53,227

All Other Loss Adjustment Expense Paid

$8,709

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$147,600	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

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

None - Specialty code #80993

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 # 08-19636CA-21

Indemnity Paid: $100,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200955539
Claim Number :	13885-01
Date Submitted :	11/19/2009

Insurer Information

Insurer Name				Coverage Type
PODIATRY INSURANCE COMPANY OF AMERICA				Primary
Insurer FEIN		Professional License Number
58-1403235
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Karen			Kessler
Street Address
3000 Meridian Blvd., Suite 400
City				State	Zip
Franklin				TN	37067
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	MARK		A	MAEDERER
Insurer Type		Street Address of Practice
Licensed		3185 SW 8th St.
City		State	Zip Code	County
Miami		FL	33135	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0012487		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2975

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
SOUTH MIAMI HOSPITAL		100154
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
1/18/2007		1/27/2009

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Comminuted fracture proximal phalanx of the hallux, left foot; oblique fracture of the proximal phalanx, left, 4th toe; Lisfranc?s fracture, left foot; compartment syndrome, left foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
ORIF of great toe, left foot; ORIF, left, 4th toe; ORIF of Lisfranc?s fracture, left foot; fasciotomy, left foot; application of posterior splint, left leg
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient suffered a work-related crush injury to the left foot with numerous dislocated fractures and subsequently developed compartment syndrome.He underwent fasciotomy and surgical repair of the fractures.Patient ultimately required amputation of the left great toe and subsequently the second toe.He alleges there was a delay of 10 hours from the time he arrived at the ER and was brought to the OR.He claims this delay resulted in a worsening of his condition and ultimately the amputation of his toes. Per our expert, the patient did not present to the ER until almost 24 hours after the time of his original injury.The tissue compromise that developed was primarily due to the delay in treatment during this interval of time, not the delay between his presentation to the ER and the subsequent surgery.He should have been hospitalized immediately upon presentation to the worker?s compensation clinic, where he went immediately following the injury.
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
6/16/2009			08-19636CA-21
County Suit Filed in			Date of Final Disposition
Dade			11/5/2009
Other Defendants Involved in this Claim
Physician's Health Center, Inc. Hauser, M.D., Daniel South Miami Hospital Legal, DPM, Kennedy The Foot & Ankle Institute of So. Florida
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
11/10/2009

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$100,000

Loss Adjust Expense Paid to Defense Counsel

$6,718

All Other Loss Adjustment Expense Paid

$2,989

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

None - Specialty code #80993

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. MARK A MAEDERER, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MARK A MAEDERER, MD has at least 4 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases