Dr. MARK H SMITHERMAN, MD Medical Malpractice Cases, Lawsuits, and Complaints

Add Your Comments

Phycicians Practice Address

Dr. MARK H SMITHERMAN, MD

1016 Ponce De Leon Blvd.

Clearwater, FL

33756

Pinellas

Court Case # 2006-4711 CI-21

Indemnity Paid: $40,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200850508
Claim Number :	04-4408A
Date Submitted :	8/14/2008

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	CECILIA			SALA
Street Address
4211 BOYSCOUT BLVD., STE. 160
City				State	Zip
TAMPA				FL	33624
Phone	Ext	Fax	E-Mail Address
(813) 874 - 0768		(813) 874 - 0710	csala@che.org

Insured Information

Type	First Name		MI	Last Name
Individual	Mark		H	Smitherman
Insurer Type		Street Address of Practice
Licensed		1016 Ponce De Leon Blvd.
City		State	Zip Code	County
Clearwater		FL	33756	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
031-0349		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME52264		Internal Medicine - Minor Surgery

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Pinellas
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
Other		MPM Primary Care, Inc.
Date of Occurrence		Date Reported to Insurer
12/19/2003		6/29/2004

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient with history of left testicular mass surgery presented with acute respiratory distress.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
None.Patient treated for ARDS.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Claim alleges delay in diagnosis of testicular cancer leads to demise of patient.
Principal Injury Giving Rise To The Claim
Patient died as a result of complications from testicular disease.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
7/11/2006			2006-4711 CI-21
County Suit Filed in			Date of Final Disposition
Pinellas			7/23/2008
Other Defendants Involved in this Claim
MPM Primary Care, 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
7/23/2008

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$40,000

Loss Adjust Expense Paid to Defense Counsel

$125,000

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

$500,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$28,577	$0
Wage Loss	$216,732	$2,078,545
Other Expenses	$101,089	$416,732

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

Defense counsel discussed claim with physician.

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case #

Indemnity Paid: $40,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201885692
Claim Number :	2004-08-444-007
Date Submitted :	6/20/2018

Insurer Information

Insurer Name				Coverage Type
Lexington Insurace Company				Primary
Insurer FEIN		Professional License Number
25-114949
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Jessica			Hayden
Street Address
2985 Drew Street
City				State	Zip
Clearwater				FL	33764
Phone	Ext	Fax	E-Mail Address
(727) 519 - 1268			jessica.hayden@baycare.org

Insured Information

Type	First Name		MI	Last Name
Individual	Mark			Smitherman
Insurer Type		Street Address of Practice
Self-Insurer		300 Park Place Blvd Ste
City		State	Zip Code	County
Clearwater		FL	33759	Pinellas
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
031-0350		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME52264		Internal Medicine - 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
			M	Pinellas
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code
N/A		000000
Location of Institutional Injury		Other Location of Institutional Injury
Other		Physican's Office
Date of Occurrence		Date Reported to Insurer
12/19/2003		6/29/2004

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient initially presented for acute dizziness and Otitis Media was diagnosed. He returned 3 days later for chest pain and chest x-ray was abnormal.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Further evaluation was done at that time and the patient was ultimately diagnosed with metastatic testicular cancer.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
The patient expired as a result of complications from testicular cancer within 30 days of presenting for an office visit. Delay of diagnosis was alleged.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
			*NR
County Suit Filed in			Date of Final Disposition
*NR			7/23/2008
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
7/23/2008

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$40,000

Loss Adjust Expense Paid to Defense Counsel

$67,801

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

Any risk issues have been/will be addressed.

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 H SMITHERMAN, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MARK H SMITHERMAN, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases