| Department File Number : | M201884372 |
| Claim Number : | 160489 |
| Date Submitted : | 2/20/2018 |
| Insurer Information | |||||
| Insurer Name | Coverage Type | ||||
| NORCAL MUTUAL INSURANCE COMPANY | Primary | ||||
| Insurer FEIN | Professional License Number | ||||
| 94-2301054 | |||||
| Insurer Contact Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Richard | Petersen | |||
| Street Address | |||||
| 4651 Salisbury Rd. #410 | |||||
| City | State | Zip | |||
| Jacksonville | FL | 32256 | |||
| Phone | Ext | Fax | E-Mail Address | ||
| (904) 309 - 8142 | (904) 394 - 7134 | rpetersen@norcal-group.com | |||
| Insured Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Natali | E | Lilburn | ||
| Insurer Type | Street Address of Practice | ||||
| Licensed | 611 Ft. Harrison Avenue | ||||
| City | State | Zip Code | County | ||
| Clearwater | FL | 33756 | Pinellas | ||
| Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
| 719191N | $250,000 | $750,000 | |||
| Profession or Business | Other Profession or Business | ||||
| Medical Doctor | |||||
| License Number | Specialty Code & Classification | Certification Number | |||
| ME105857 | Emergency Medicine - No Major Surgery | ||||
| Injured Person Information | |||||
| First Name | MI | Last Name | Date of Birth | ||
| Street Address | Gender | County where Injury Occurred | |||
| F | Pasco | ||||
| City | State | Zip Code | |||
| Location where injury occured | Other location where injury occured | ||||
| Patient's Home | |||||
| Name of Institution | Code | ||||
| Location of Institutional Injury | Other Location of Institutional Injury | ||||
| Date of Occurrence | Date Reported to Insurer | ||||
| 12/18/2014 | 1/3/2017 | ||||
| Diagnostic Information | |||||
| Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
| Plaintiffs allege that Dr. Lilburn failed to meet the standard of care because she did not properly assess the patient's respiratory function and did not prescribe Tamiflu despite positive Influenza A results and a reported history of being symptomatic for 24 hours. The Plaintiffs' expert, Dr. Goldstein, opined that Tamiflu should have been prescribed because the patient had been symptomatic for less than 48 hours. However, the notes from a Pasco County Sheriff's deputy confirmed that the ER visit was more than 48 hours later. Therefore, that condition for use was not met. The Police Report showed that Mrs. Price had flu symptoms at least part of Monday, all Tuesday and all of Wednesday before going to the ER early Thursday AM rendering the prescription of Tamiflu null. In defense, this case was reviewed by a Board Certified Emergency Physician who supported the theory that Tamiflu was not suggested to patients who present greater than 48 hours after the onset of their illness. Thus, as Mrs. Price was not considered a "high risk patient" and because of the 48 hour lapse, it would not have been indicated to prescribe Tamiflu. | |||||
| Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
| Plaintiffs allege that Dr. Lilburn failed to meet the standard of care because she did not properly assess the patient's respiratory function and did not prescribe Tamiflu despite positive Influenza A results and a reported history of being symptomatic for 24 hours. The Plaintiffs' expert, Dr. Goldstein, opined that Tamiflu should have been prescribed because the patient had been symptomatic for less than 48 hours. However, the notes from a Pasco County Sheriff's deputy confirmed that the ER visit was more than 48 hours later. Therefore, that condition for use was not met. The Police Report showed that Mrs. Price had flu symptoms at least part of Monday, all Tuesday and all of Wednesday before going to the ER early Thursday AM rendering the prescription of Tamiflu null. In defense, this case was reviewed by a Board Certified Emergency Physician who supported the theory that Tamiflu was not suggested to patients who present greater than 48 hours after the onset of their illness. Thus, as Mrs. Price was not considered a "high risk patient" and because of the 48 hour lapse, it would not have been indicated to prescribe Tamiflu. | |||||
| Diagnostic Code : | |||||
| Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
| Plaintiffs allege that Dr. Lilburn failed to meet the standard of care because she did not properly assess the patient's respiratory function and did not prescribe Tamiflu despite positive Influenza A results and a reported history of being symptomatic for 24 hours. The Plaintiffs' expert, Dr. Goldstein, opined that Tamiflu should have been prescribed because the patient had been symptomatic for less than 48 hours. However, the notes from a Pasco County Sheriff's deputy confirmed that the ER visit was more than 48 hours later. Therefore, that condition for use was not met. The Police Report showed that Mrs. Price had flu symptoms at least part of Monday, all Tuesday and all of Wednesday before going to the ER early Thursday AM rendering the prescription of Tamiflu null. In defense, this case was reviewed by a Board Certified Emergency Physician who supported the theory that Tamiflu was not suggested to patients who present greater than 48 hours after the onset of their illness. Thus, as Mrs. Price was not considered a "high risk patient" and because of the 48 hour lapse, it would not have been indicated to prescribe Tamiflu. | |||||
| Principal Injury Giving Rise To The Claim | |||||
| Plaintiffs allege that Dr. Lilburn failed to meet the standard of care because she did not properly assess the patient's respiratory function and did not prescribe Tamiflu despite positive Influenza A results and a reported history of being symptomatic for 24 hours. The Plaintiffs' expert, Dr. Goldstein, opined that Tamiflu should have been prescribed because the patient had been symptomatic for less than 48 hours. However, the notes from a Pasco County Sheriff's deputy confirmed that the ER visit was more than 48 hours later. Therefore, that condition for use was not met. The Police Report showed that Mrs. Price had flu symptoms at least part of Monday, all Tuesday and all of Wednesday before going to the ER early Thursday AM rendering the prescription of Tamiflu null. In defense, this case was reviewed by a Board Certified Emergency Physician who supported the theory that Tamiflu was not suggested to patients who present greater than 48 hours after the onset of their illness. Thus, as Mrs. Price was not considered a "high risk patient" and because of the 48 hour lapse, it would not have been indicated to prescribe Tamiflu. | |||||
| Severity Of Injury | |||||
| Permanent: Death. | |||||
| Legal Information | |||||
| Date of Suit | Circuit Court Case Number | ||||
| 11/3/2017 | 17CA001338 | ||||
| County Suit Filed in | Date of Final Disposition | ||||
| Pasco | 2/20/2018 | ||||
| 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 | ||||
| Other | Settled by parties | ||||
| Arbitration | |||||
| Claim not subject to Arbitration. | |||||
| Date of Payment | |||||
| 2/20/2018 | |||||
| Financial Information | |||||||||||||||||||||
| Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
| Indemnity Paid by Insurer on behalf of Insured | $300,000 | ||||||||||||||||||||
| Loss Adjust Expense Paid to Defense Counsel | $0 | ||||||||||||||||||||
| 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 | |||||||||||||||||||||
| Circumstances of the claim were discussed with the insured & risk management. | |||||||||||||||||||||
| Updates | |
| No updates found. |
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Does Dr. NATALI E LILBURN, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. NATALI E LILBURN, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).