Dr. MARK T MESSENGER, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. MARK T MESSENGER, MD

1043 Washington Rd.

Thomson, GA

30824

McDuffie

Court Case # 11-0193

Indemnity Paid: $325,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201264243
Claim Number :	16736-01
Date Submitted :	7/3/2012

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		T	Messenger
Insurer Type		Street Address of Practice
Licensed		1043 Washington Rd.
City		State	Zip Code	County
Thomson		GA	30824	Out of state
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0013565		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2453

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Out of state
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
10/15/2009		3/22/2011

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Stasis inflammation, bilateral, right greater than left
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Antibiotic prescribed; Unna boot placed on right lower extremity
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient was initially evaluated by the insured on 3/19/09 and treated over the course of several months for heel pain and ankle pain with a variety of modalities.In June she was referred for vascular studies that demonstrated moderate PVD in the right leg, mild on in the left.On 10/12/09 she presented with complaints of swelling involving both legs.This was +3 on the right, with associated heat and weeping stasis dermatitis.She was diagnosed with acute stasis dermatitis with bacterial involvement on the right, and Avelox was prescribed.On 10/15/09 the swelling was slightly reduced bilaterally and there was a vast improvement in the heat, stasis, and redness on the right leg.No pain was appreciated with palpation of the calf.The patient was to continue Avelox, Lasix was prescribed, and an Unna boot applied to the right extremity.According to the complaint, the next morning the patient was taken to the ER due to increased pain in the leg, collapsed in the ER, and could not be resuscitated.Autopsy results demonstrated a pulmonary embolism.It is alleged that an Unna boot was contraindicated in a patient with obesity and PVD, and that the patient should have been referred to a vascular doctor for evaluation on 10/12/09.Our expert stated the use of the Unna boot was appropriate for suspected venous stasis and was non-contributory to the development of the PE.He is of the opinion that patientÂ¿s presenting symptoms were evidence supporting insuredÂ¿s diagnosis.He disagrees that a Doppler was mandatory to rule out DVT.He testified that the SOC did not require DVT to be on the differential in October 2009.The patientÂ¿s symptoms did not support a diagnosis of DVT.DVT was ruled out on the 12th, and there was no reason to reconsider it three days later.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
3/2/2011			11-0193
County Suit Filed in			Date of Final Disposition
Out of state			6/12/2012
Other Defendants Involved in this Claim
Thomson Podiatry Associates, P. C.
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
6/14/2012

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$325,000

Loss Adjust Expense Paid to Defense Counsel

$37,016

All Other Loss Adjustment Expense Paid

$11,581

Injured Person's Total Non-Economic Loss

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$17,813	$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.

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Frequently Asked Questions

Does Dr. MARK T MESSENGER, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MARK T MESSENGER, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).