Dr. MIGUEL HERRERA, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. MIGUEL HERRERA, MD

8900 North Kendall Drive

Miami, FL

33176

Dade

Court Case # 01-8168 CA2Q

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200642861
Claim Number :	C00-22803-00
Date Submitted :	10/24/2006

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	Cheri		M	Montague
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3043	(904) 358 - 6728	montague@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Miguel			Herrera
Insurer Type		Street Address of Practice
Licensed		8900 North Kendall Drive
City		State	Zip Code	County
Miami		FL	33176	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
98348		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME26954		Emergency Medicine - No Major Surgery		80102

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
Emergency Room
Name of Institution		Code
BAPTIST HOSPITAL OF MIAMI		100008
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
10/17/2000		11/17/2000

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient sought treatment for nausea, emesis, abdominal cramps, diarrhea and pain and numbness in both legs.Final diagnosis was poor vascularization of both legs.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient was treated conservatively in the emergency room and discharged home.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
It is alleged that the insured failed to evaluate and examine the patient's lower extremities, resulting in failure to diagnose bilateral popliteal artery occlusion.
Principal Injury Giving Rise To The Claim
Below-the-knee amputations of both legs.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
4/5/2001			01-8168 CA2Q
County Suit Filed in			Date of Final Disposition
Dade			10/3/2006
Other Defendants Involved in this Claim
Baptist Hospital of Miami, Inc. South Dade Health Care Group Ltd. Deering Hospital Magidenko, M.D., Leonid
Stage of Legal System at which Settlement was Reached or Award Made
During trial, but before court verdict.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
10/3/2006

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$1,000,000

Loss Adjust Expense Paid to Defense Counsel

$78,373

All Other Loss Adjustment Expense Paid

$68,416

Injured Person's Total Non-Economic Loss

$1,000,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$0	$1,339,684
Wage Loss	$358,219	$548,631
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.

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Court Case # 02-24236

Indemnity Paid: $75,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200641578
Claim Number :	A02-26467-01
Date Submitted :	7/13/2006

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	Cheri		M	Montague
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3043	(904) 358 - 6728	montague@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Miguel		A	Herrera
Insurer Type		Street Address of Practice
Licensed		8900 North Kendall Drive
City		State	Zip Code	County
Miami		FL	33176	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
46786		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME26954		Emergency Medicine - No Major Surgery		80102

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
Emergency Room
Name of Institution		Code
BAPTIST HOSPITAL OF MIAMI		100008
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
3/1/2001		6/10/2002

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient sought treatment for abdominal pain.Patient actual diagnosis was ischemia of the bowel.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
None.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
It is alleged that the insured failed to diagnose ischemia of the bowel and failed to obtain a surgical consult.
Principal Injury Giving Rise To The Claim
Ischemia of the bowel resulting in permanent damage.
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
10/1/2002			02-24236
County Suit Filed in			Date of Final Disposition
Dade			6/23/2006
Other Defendants Involved in this Claim
Baptist Hospital of Miami Thompson, M.D., Carol Miranda, M.D., Francisco Masri, M.D., Mohammed Robu, M.D., Christina
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
6/23/2006

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$75,000

Loss Adjust Expense Paid to Defense Counsel

$62,680

All Other Loss Adjustment Expense Paid

$41,520

Injured Person's Total Non-Economic Loss

$75,000

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 #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201472234
Claim Number :	SAM-IG-005984
Date Submitted :	10/6/2014

Insurer Information

Insurer Name				Coverage Type
SAMARITAN RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
20-3433505
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	NANCY			CARR
Street Address
11440 SW 88th STREET
City				State	Zip
MIAMI				FL	33176
Phone	Ext	Fax	E-Mail Address
(305) 274 - 4070		(305) 274 - 2701	carol.lobacz@nccrms.com

Insured Information

Type	First Name		MI	Last Name
Individual	Miguel			Herrera
Insurer Type		Street Address of Practice
Licensed		9555 S.W. 162nd Avenue
City		State	Zip Code	County
Miami		FL	33196	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
SPL 1016		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME26954		Emergency Medicine - No Major 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	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
WEST KENDALL BAPTIST HOSPITAL		23960064
Location of Institutional Injury		Other Location of Institutional Injury
Radiology, Emergency Room
Date of Occurrence		Date Reported to Insurer
7/26/2011		10/11/2013

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Abdominal pain, episiotomy pain and vaginal bleeding for 3 days post vaginal delivery.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Not applicable.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made of this patient.
Principal Injury Giving Rise To The Claim
Patient seen in the ED for abdominal pain, episiotomy pain and vaginal bleeding 3 days post vaginal delivery. She was examined and referred to her OB/GYN which she did not do. Six days after seen in ED the patient was diagnosed with a retained vaginal sponge from her delivery and it was extracted. She alleged failure to timely perform a speculum examination resulting in delay of the retained sponge.
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
			*NR
County Suit Filed in			Date of Final Disposition
*NR			3/28/2014
Other Defendants Involved in this Claim
Dominguez-Bali, Alberto West Kendall Baptist Hospital Hialeah Hospital
Stage of Legal System at which Settlement was Reached or Award Made
Claim or suit abandoned.
Final Method of Claim Disposition
No Payment Made
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Indemnity Paid by Insurer on behalf of Insured

Loss Adjust Expense Paid to Defense Counsel

$4,274

All Other Loss Adjustment Expense Paid

$6,532

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

Not applicable.

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. MIGUEL HERRERA, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. MIGUEL HERRERA, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases