Dr. PAMELA KIRBY, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. PAMELA KIRBY, MD

4606 Clyde Morris Blvd.

Port Orange, FL

32119

Volusia

Court Case # 2005-31830-CICI

Indemnity Paid: $70,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200743720
Claim Number :	9758-01
Date Submitted :	1/3/2007

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
110 Westwood Place
City				State	Zip
Brentwood				TN	37027
Phone	Ext	Fax	E-Mail Address
(615) 371 - 8776	2249		kkessler@picagroup.com

Insured Information

Type	First Name		MI	Last Name
Individual	Pamela			Kirby
Insurer Type		Street Address of Practice
Licensed		4606 Clyde Morris Blvd.
City		State	Zip Code	County
Port Orange		FL	32119	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0010610		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2581

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Volusia
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
11/6/2004		6/14/2005

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Neuropathic ulcer under 1st met of left foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Wound care, oral antibiotics
Diagnostic Code :		707.15
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient was treated over the course of a one-year period during which time she developed osteomyelitis.Insured performed many imaging studies and vascular testing.Records document insured attempting multiple modalities in order to heal the wound.She documents that on many occasions the patient was non-compliant with dressings and off-loading, and refused referral to other doctors.On several visits, insured discussed with patient the need for IV antibiotic therapy and the possibility of amputation, but patient refused hospitalization for the therapy because she didn't want to lose time from work.Patient did, subsequently, require a transmetatarsal amputation.Patient alleges improper treatment by insured.
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
11/1/2005			2005-31830-CICI
County Suit Filed in			Date of Final Disposition
Volusia			12/4/2006
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
12/7/2006

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$70,000

Loss Adjust Expense Paid to Defense Counsel

$31,028

All Other Loss Adjustment Expense Paid

$9,361

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

None

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.

Court Case # 2008-33758-CICI

Indemnity Paid: $28,250.00

Medical Malpractice Closed Claims Report

Department File Number :	M200955590
Claim Number :	12265-01
Date Submitted :	11/30/2009

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	Pamela		E	Kirby
Insurer Type		Street Address of Practice
Licensed		4606 Clyde Morris Blvd.
City		State	Zip Code	County
Port Orange		FL	32119	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0010610		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2581

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Volusia
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
10/28/2006		10/26/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Plantar fibromas, right foot
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Cryosurgery of right mid-foot for plantar fibromas
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
According to the op report, patient tolerated the procedure well and left the surgery without complications.On October 30, 2006, patient complained of numbness, stating that he was unable to move his foot.Insured noted that patient was able to drive his car to the appointment.Additionally, he was observed walking without a limp to the office. Examination revealed no signs or symptoms consistent with infection and continued satisfactory healing.Patient continued to complain of pain at the next visit.The examination was unchanged from the previous visit.The assessment was neuritis.Insured instructed him to undergo physical therapy.She noted that when patient left the office he was walking without a limp and left driving his own car.Office notes indicate that patient complained that he could no longer work due to the pain in his foot because he was a valet parker and was unable to drive cars.He refused physical therapy, medication and all other recommendations for treatment by insured and was not interested in anything other then permanent disability.Patient subsequently sought a second opinion and was diagnosed with damage to the medial plantar nerve.He alleges improper treatment by insured.Our expert believes that because patient complained of pain, and not loss of motor function, that it is likely that there is nerve entrapment and scar tissue, and not actual severing of the nerve.Therefore, he stated this is a known and accepted risk of the procedure, and believes insuredÂ¿s documentation is adequate in regard to the patient providing informed consent prior to the procedure.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
10/13/2008			2008-33758-CICI
County Suit Filed in			Date of Final Disposition
Volusia			11/3/2009
Other Defendants Involved in this Claim
Pamela Kirby, P. A.
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
11/5/2009

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$28,250

Loss Adjust Expense Paid to Defense Counsel

$23,880

All Other Loss Adjustment Expense Paid

$10,517

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

None - Specialty code #80993

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.

Court Case # 2013-30151COCI

Indemnity Paid: $27,985.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201472062
Claim Number :	17644-01
Date Submitted :	9/23/2014

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	Pamela		E	Kirby
Insurer Type		Street Address of Practice
Licensed		4606 Clyde Morris Blvd.
City		State	Zip Code	County
Port Orange		FL	32119	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0010610		$250,000		$75,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2581

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	Volusia
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
Operating Suite
Date of Occurrence		Date Reported to Insurer
8/24/2011		1/3/2012

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Plantar fasciitis, left
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Cryosurgery, left foot
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient presented to the insured on 8/11/11 with complaints of pain associated with the plantar aspect of her left heel. She was diagnosed with plantar fasciitis, and conservative treatment was instituted. One week later her symptoms had improved. Over-the-counter arch supports were dispensed, and the insured indicated that cryotherapy would be employed on the next visit if the patient was not healed. Cryotherapy was performed on the left heel on 8/24/11. The patient did not return for subsequent care. She called the insured on 9/8/11 upset over the fact that her foot was not better and over the charges for her support as well as a dressing kit that was provided after the cryotherapy. Patient claims she suffered complications from insuredÂ¿s surgery, including neuralgia, neuritis and pain in her left foot. She alleges insured failed to diagnose and treat those complications resulting from cryosurgery.
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
1/14/2013			2013-30151COCI
County Suit Filed in			Date of Final Disposition
Volusia			8/27/2014
Other Defendants Involved in this Claim
Pamela Ellen Kirby, DPM, 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
8/27/2014

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$27,985

Loss Adjust Expense Paid to Defense Counsel

$12,735

All Other Loss Adjustment Expense Paid

$442

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

None - Specialty code #80993

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.

Court Case # 2011-CA-004616

Indemnity Paid: $25,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201366457
Claim Number :	16244-01
Date Submitted :	3/19/2013

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	Pamela			Kirby
Insurer Type		Street Address of Practice
Licensed		4606 Clyde Morris Blvd.
City		State	Zip Code	County
Port Orange		FL	32119	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0010610		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2581

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Volusia
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
6/25/2009		12/27/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Hallux valgus, left; hammertoe deformity, second digit, left
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Austin bunionectomy with screw fixation, left; arthrodesis of second digit, left
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient presented to insured with complaints of bunion and hammertoe pain and tenderness.She was referred to insured's colelague for surgery but followed patient post-operatively.Patient appeared to heal uneventfully and had no complications.She subsequently left insured's care and went on to treat with another doctor who diagnosed her with a great toe underlapping deformity with subluxation deformity of the second toe for which corrective surgery was eventually performed.Patient alleges she experienced additional, unnecessary surgery and continues to have pain and stiffness in the foot.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
6/15/2011			2011-CA-004616
County Suit Filed in			Date of Final Disposition
Volusia			2/20/2013
Other Defendants Involved in this Claim
Kuliick, DPM, Samuel D Pamela Kirby, P.A. Adler Podiatry & Wound Care, LLC
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
3/7/2013

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$25,000

Loss Adjust Expense Paid to Defense Counsel

$35,978

All Other Loss Adjustment Expense Paid

$2,638

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

None - Specialty code #80993

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.

Court Case #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201676775
Claim Number :	22651-01
Date Submitted :	1/7/2016

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	Pamela			Kirby
Insurer Type		Street Address of Practice
Licensed		4606 Clyde Morris Blvd.
City		State	Zip Code	County
Port Orange		FL	32129	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1PD0010610		$250,000		$750,000
Profession or Business			Other Profession or Business
Podiatric Physician
License Number		Specialty Code & Classification		Certification Number
PO2581

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	Volusia
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		Information not available
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
11/24/2014		6/15/2015

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Plantar fasciitis
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Cryosurgery
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient claims continued pain requiring additional treatment following the surgery
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			12/22/2015
Other Defendants Involved in this Claim

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

$184

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

None - Specialty code #80993

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. PAMELA KIRBY, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. PAMELA KIRBY, MD has at least 5 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases