| Department File Number : | M202092626 |
| Claim Number : | 2017-09-200-005 |
| Date Submitted : | 6/1/2020 |
| Insurer Information | |||||
| Insurer Name | Coverage Type | ||||
| LEXINGTON INSURANCE COMPANY | Primary | ||||
| Insurer FEIN | Professional License Number | ||||
| 25-114949 | |||||
| Insurer Contact Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Kaye | Monello | |||
| Street Address | |||||
| 2985 Drew Street | |||||
| City | State | Zip | |||
| Clearwater | FL | 33759 | |||
| Phone | Ext | Fax | E-Mail Address | ||
| (727) 754 - 9268 | (727) 519 - 1276 | kaye.monello@baycare.org | |||
| Insured Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Mark | J | Swierzewski | ||
| Insurer Type | Street Address of Practice | ||||
| Self-Insurer | 2803 W. Saint Isabel Street | ||||
| City | State | Zip Code | County | ||
| Tampa | FL | 33607 | Hillsborough | ||
| Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
| 12073194 | $250,000 | $750,000 | |||
| Profession or Business | Other Profession or Business | ||||
| Medical Doctor | |||||
| License Number | Specialty Code & Classification | Certification Number | |||
| ME71165 | Surgery - Urological | ||||
| Injured Person Information | |||||
| First Name | MI | Last Name | Date of Birth | ||
| Street Address | Gender | County where Injury Occurred | |||
| M | Hillsborough | ||||
| City | State | Zip Code | |||
| Location where injury occured | Other location where injury occured | ||||
| Hospital Inpatient Facility | |||||
| Name of Institution | Code | ||||
| SAINT JOSEPH'S HOSPITAL | 100075 | ||||
| Location of Institutional Injury | Other Location of Institutional Injury | ||||
| Other | Pathology Department | ||||
| Date of Occurrence | Date Reported to Insurer | ||||
| 8/27/2014 | 3/1/2017 | ||||
| Diagnostic Information | |||||
| Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
| This 76 year old male presented to St. Joseph¿s Hospital in August 2014 with complaints of lumbar pain and urinary retention. Past medical history included COPD; emphysema; dyspnea; diabetes mellitus; hypertension; chronic pancreatitis; history of asbestos exposure and he was a cigarette smoker. Importantly, the patient had presented to his pulmonologist due to an abnormal CT/PET scan performed on May 8, 2014 which revealed a right upper lobe lesion that measured 7.2 mm, suspicious for cancer. Due to the patient¿s severe COPD, he was not a candidate for lung resection surgery. He also had elevated PSA results prior to this admission, but did not follow his PCP¿s recommendations for urological evaluation. At the time of presentation to the hospital on August 20, 2014 the patient was admitted for pain control and further evaluation of back pain. He was seen by urologist Dr. Swierzewski who noted the patient¿s history of urinary retention and elevated PSA. Dr. Swierzewski recommended an MRI of the prostate and possible TURP procedure. The MRI was not completed due to metal hardware inside the patient¿s body and TURP was rescheduled. | |||||
| Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
| Transurethral resection of the prostate (TURP). Dr. Swierzewski noted in the operative report that loose tissue was sent off to pathology for possible evaluation for cancer. The patient was sent to the recovery room without complication and was discharged to a SNF three days later. The patient was instructed to follow up at the office of Dr. Swierzewski the following week for a voiding trial and to discuss the pending biopsy results. An appointment was set and date provided to the patient. The Surgical Pathology Final Report, which was not completed until after the patient was discharged, indicates ¿Prostate (bladder neck) transurethral resection. Poorly differentiated prostatic adenocarcinoma, Gleason Score 4+5 = 9. Glandular and stromal hyperplasia.¿ There is no indication on the report that it was sent to Dr. Swierzewski or that he was notified of the results. Additionally, the pathologist did not call Dr. Swierzewski with the results. The Discharge Summary contains an undated ¿Addendum¿ that states: ¿Biopsy of bladder neck/prostate was positive for adenocarcinoma. Results of biopsy was communicated to the patient¿s PCP¿ (no mention of Dr. Swierzewski, the Urologist, was made). The Addendum is not dated or timed, so it is unknown when this notation was added to the Discharge Summary by the admitting physician. | |||||
| Diagnostic Code : | |||||
| Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
| *NR | |||||
| Principal Injury Giving Rise To The Claim | |||||
| It is alleged that the patient was never advised of his positive pathology report that indicated he had prostate cancer and therefore, the cancer went untreated and caused and/or contributed to his death. However, it also does not appear that Dr. Swierzewski was ever advised by the hospital through any of its normal channels that the patient had prostate cancer. There is no indication the Pathology report was ever provided per the standard practice of the hospital to his office, but other reports from the hospital were received via fax during the same time period, such as the CT scan. Dr. Swierzewski would have followed up on the Pathology report at the time of the patient¿s scheduled office visit, however the patient never came to the office for his scheduled appointment. Additionally, had the report been sent to the office per the hospital¿s standard practice, even with the patient not following the discharge instructions, Dr. Swierzewski would have reviewed it and reached out to the patient with the results or otherwise followed up. Ultimately, the patient expired on March 21, 2016. The Death Certificate indicates the cause of death was malignant neoplasm of lung. It also lists the following as contributing factors: pulmonary emphysema; tobacco abuse; and prostatic adenocarcinoma with probable lung metastases. | |||||
| Severity Of Injury | |||||
| Emotional Only - Fright, no physical damage | |||||
| Legal Information | |||||
| Date of Suit | Circuit Court Case Number | ||||
| 1/29/2019 | 19-CA-00484 | ||||
| County Suit Filed in | Date of Final Disposition | ||||
| Hillsborough | 5/18/2020 | ||||
| Other Defendants Involved in this Claim | |||||
| St. Joseph's Hospital Patel, Krunal | |||||
| 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 | |||||
| 5/18/2020 | |||||
| Financial Information | |||||||||||||||||||||
| Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
| Indemnity Paid by Insurer on behalf of Insured | $60,000 | ||||||||||||||||||||
| Loss Adjust Expense Paid to Defense Counsel | $85,849 | ||||||||||||||||||||
| All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
| Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
| Deductible | $0 | ||||||||||||||||||||
| Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
| Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
| Any risk issues have been addressed. | |||||||||||||||||||||
| Updates | |
| No updates found. |
Does Dr. MARK J SWIERZEWSKI, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. MARK J SWIERZEWSKI, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).