Dr. OWEN MCCARTHY, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. OWEN MCCARTHY, MD

4701 Manatee Ave West

Bradenton, FL

34209

Manatee

Court Case # 08-CA-11623

Indemnity Paid: $199,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200955034
Claim Number :	08-06-0060-A
Date Submitted :	9/29/2009

Insurer Information

Insurer Name				Coverage Type
FD INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
20-3704679
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Steven		R	Carey
Street Address
4655 Salisbury Rd., Suite 110
City				State	Zip
Jacksonville				FL	32256
Phone	Ext	Fax	E-Mail Address
(904) 296 - 2887	224	(904) 296 - 1245	scarey@fldic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Owen			McCarthy
Insurer Type		Street Address of Practice
Licensed		4701 Manatee Avenue West
City		State	Zip Code	County
Bradenton		FL	34209	Manatee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
CM01000115		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME12107		Surgery - Orthopedic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Manatee
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Outpatient Facility
Name of Institution		Code
BLAKE MEDICAL CENTER		100213
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
9/18/2006		7/23/2008

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Chondrosis along the medial aspect of the posterior facet of the subtalar joint with subchondral marrow reaction and cystic degenerative changes.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Subtalar arthrodesis.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
The hardware used for the fixation penetrated through the top of the subtalar.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
12/5/2008			08-CA-11623
County Suit Filed in			Date of Final Disposition
Manatee			9/29/2009
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
7/24/2009

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$199,000

Loss Adjust Expense Paid to Defense Counsel

$37,718

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

Circumstances of the case have been discussed with the Insured and Risk Management. Risk Management has discussed with the Insured.

Updates

No updates found.

*NR:Prior to 04/28/1999 this field was not required in submitted claims.

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Court Case # 2006-CA-3500

Indemnity Paid: $175,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200851679
Claim Number :	1000875
Date Submitted :	3/5/2009

Insurer Information

Insurer Name				Coverage Type
FLORIDA MEDICAL MALPRACTICE JUA				Primary
Insurer FEIN		Professional License Number
59-1625412
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	SUSAN			SPIELMAN
Street Address
5814 Reed Street
City				State	Zip
Fort Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0340		(260) 486 - 0782	SUSAN.SPIELMAN@MEDPRO.COM

Insured Information

Type	First Name		MI	Last Name
Individual	Owen		M	McCarthy
Insurer Type		Street Address of Practice
Licensed		4701 Manatee Ave West
City		State	Zip Code	County
Bradenton		FL	34209	Manatee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FL003749		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME12107		Surgery - Orthopedic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Manatee
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
BLAKE MEDICAL CENTER		100213
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
12/22/2003		7/7/2006

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Right knee pain and suffering
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Knee replacement surgery
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Unspecified negligence in performance of surgery
Principal Injury Giving Rise To The Claim
Permanent impairment and pain and suffering
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
10/12/2006			2006-CA-3500
County Suit Filed in			Date of Final Disposition
Manatee			12/8/2008
Other Defendants Involved in this Claim
Owen M McCarthy MD PA
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
12/3/2008

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$175,000

Loss Adjust Expense Paid to Defense Counsel

$13,157

All Other Loss Adjustment Expense Paid

$6,984

Injured Person's Total Non-Economic Loss

$130,000

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

N/A

Updates

Date of Change:

3/5/2009 1:20:35 PM

Reason for Change:

ALE Update

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	11051	13157
All Other Loss Adjustment Expense Paid	4177	6984

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Court Case # 2007-CA-3875

Indemnity Paid: $137,500.00

Medical Malpractice Closed Claims Report

Department File Number :	M201056830
Claim Number :	2-07-0014A
Date Submitted :	3/30/2010

Insurer Information

Insurer Name				Coverage Type
FLORIDA HEALTHCARE PROVIDERS INSURANCE EXCHANGE				Primary
Insurer FEIN		Professional License Number
20-0143902
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Steven		R	Carey
Street Address
4655 Salisbury Rd., Suite 110
City				State	Zip
Jacksonville				FL	32256
Phone	Ext	Fax	E-Mail Address
(904) 296 - 2887	224	(904) 296 - 1245	scarey@fldic.com

Insured Information

Type	First Name		MI	Last Name
Individual	OWEN			MCCARTHY
Insurer Type		Street Address of Practice
Licensed		4701 Manatee Ave. West
City		State	Zip Code	County
Bradenton		FL	34209	Manatee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
CM01000115		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME12107		Surgery - Orthopedic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Manatee
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Outpatient Facility
Name of Institution		Code
MANATEE MEMORIAL HOSPITAL		100035
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
7/21/2005		2/28/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Right proximal humerus fracture.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Open reduction with internal fixation.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Pain and weakness in right proximal humerus.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
6/15/2007			2007-CA-3875
County Suit Filed in			Date of Final Disposition
Manatee			3/30/2010
Other Defendants Involved in this Claim
Advanced Orthopaedics and Sports Medicine, 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
12/4/2009

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$137,500

Loss Adjust Expense Paid to Defense Counsel

$48,463

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

Circumstances of the case have been discussed with the Insured and Risk Management. Risk Management has discussed with the Insured.

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case # 08-CA-1898

Indemnity Paid: $67,500.00

Medical Malpractice Closed Claims Report

Department File Number :	M200955788
Claim Number :	2-07-0104A
Date Submitted :	12/16/2009

Insurer Information

Insurer Name				Coverage Type
FLORIDA HEALTHCARE PROVIDERS INSURANCE EXCHANGE				Primary
Insurer FEIN		Professional License Number
20-0143902
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Steven		R	Carey
Street Address
4655 Salisbury Rd., Suite 110
City				State	Zip
Jacksonville				FL	32256
Phone	Ext	Fax	E-Mail Address
(904) 296 - 2887	224	(904) 296 - 1245	scarey@fldic.com

Insured Information

Type	First Name		MI	Last Name
Individual	OWEN			MCCARTHY
Insurer Type		Street Address of Practice
Licensed		4701 Manatee Avenue West
City		State	Zip Code	County
Bradenton		FL	34209	Manatee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
CM01000115		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME12107		Surgery - Orthopedic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Manatee
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Outpatient Facility
Name of Institution		Code
BLAKE MEDICAL CENTER		100213
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
7/11/2005		10/23/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient had lacerated the right ring finger.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Carpal Tunnel Release.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Numbness of the web space between the middle finger and ring finger on the right hand.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
3/10/2008			08-CA-1898
County Suit Filed in			Date of Final Disposition
Manatee			12/16/2009
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
8/20/2009

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$67,500

Loss Adjust Expense Paid to Defense Counsel

$32,864

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

Circumstances of the case have been discussed with the Insured and Risk Management. Risk Management has discussed with the Insured.

Updates

No updates found.

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. OWEN MCCARTHY, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. OWEN MCCARTHY, MD has at least 4 medical malpractice case(s), lawsuit(s), or complaint(s).