Dr. PAMELA P CARBIENER, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. PAMELA P CARBIENER, MD

1890 LPGA Blvd., Suite 160

Daytona Beach, FL

32117

Volusia

Court Case # 2003-30470 CICI

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200536063
Claim Number :	HPT 1339
Date Submitted :	7/25/2005

Insurer Information

Insurer Name				Coverage Type
Carbiener, Pamela P				Primary
Insurer FEIN		Professional License Number
59-3490542		ME62153
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Luella			Brown
Street Address
311 N. Clyde Morris Blvd., Suite 420
City				State	Zip
Daytona Beach				FL	32114
Phone	Ext	Fax	E-Mail Address
(386) 254 - 4380		(386) 254 - 4398	luellab@aol.com

Insured Information

Type	First Name		MI	Last Name
Individual	Pamela		P	Carbiener
Insurer Type		Street Address of Practice
Self-Insurer		1890 LPGA Blvd., Suite 160
City		State	Zip Code	County
Daytona Beach		FL	32117	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
01-14		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME62153		Surgery - Obstetrics - Gynecology

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
Hospital Inpatient Facility
Name of Institution		Code
HALIFAX MEDICAL CENTER		100017
Location of Institutional Injury		Other Location of Institutional Injury
Labor and Delivery Room
Date of Occurrence		Date Reported to Insurer
1/12/2001		8/22/2002

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Right brachial plexus injury.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Vaginal delivery.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
In January 2001, the claimant?s labor with her second pregnancy was induced at 38 weeks gestation.The baby was estimated to weigh 8 ? pounds.The claimant?s first pregnancy resulted in a normal vaginal delivery of a 9 pound 7 ounce infant.Labor progressed normally until the head delivered.At that time a shoulder dystocia was noted and was successfully managed with standard maneuvers.A 9 pound 15 ounce healthy infant was delivered who exhibited an Erbs palsy at the time of birth.Objective expert evaluation and medical literature support that shoulder dystocia is an obstetric emergency which cannot reasonably be predicted or prevented.Once it occurred, Dr. Carbiener responded appropriately.Suit was filed and a vigorous defense ensued which was completely favorable as to the physician?s care, treatment, documentation and follow-up of this patient.The infant underwent nerve grafting surgery with a good result, although some deficit of the right upper extremity persisted.In spite of the impeccable medical care provided, due to the recognized sympathy component of proceeding to trial with a lay jury and young child, an economic decision was made to settle the case during mediation to avoid further uncertainty.
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
3/12/2003			2003-30470 CICI
County Suit Filed in			Date of Final Disposition
Volusia			7/14/2005
Other Defendants Involved in this Claim
Halifax Medical Center
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
7/14/2005

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$250,000

Loss Adjust Expense Paid to Defense Counsel

$95,000

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

On going risk management

Updates

No updates found.

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

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Court Case # 2009-32069CICI

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201056024
Claim Number :	HPT 1423
Date Submitted :	1/12/2010

Insurer Information

Insurer Name				Coverage Type
Carbiener, Pamela P				Primary
Insurer FEIN		Professional License Number
59-3490542		ME62153
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Luella			Brown
Street Address
311 N. Clyde Morris Blvd., Suite 420
City				State	Zip
Daytona Beach				FL	32114
Phone	Ext	Fax	E-Mail Address
(386) 254 - 4380		(386) 254 - 4398	luellab@aol.com

Insured Information

Type	First Name		MI	Last Name
Individual	Pamela		P	Carbiener
Insurer Type		Street Address of Practice
Self-Insurer		1890 LPGA Blvd., Suite 160
City		State	Zip Code	County
Daytona Beach		FL	32117	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
01-14		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME62153		Surgery - Obstetrics - Gynecology

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
10/13/2005		1/21/2009

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
leiomyosarcoma
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Pathology interpretation, hysterectomy
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Dr Carbiener performed an elective hysterectomy on this 45 year old patient in October 2005 for large symptomatic uterine fibroids.The procedure and post operative recovery were uncomplicated.Surgical pathology was reported as smooth muscle tumor of uncertain malignant potential and the patient was followed closely.Twenty months later, leiomyosarcoma (LMS) presented in a thigh mass and was ultimately found to be related to the 2005 uterine pathology.A lawsuit alleged that, along with the pathologist, Dr Carbiener failed to timely diagnosis this rare tumor.According to published medical literature, LMS carries a very poor survival rate despite aggressive treatment.Recognizing the relatively young age of the patient and poor prognosis, in December 2009 during the early course of discovery, although supportive expert review for Dr Carbieners standard of care was obtained from a board certified gynecologic oncologist, it was elected to resolve the case without protracted litigation.
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
5/18/2009			2009-32069CICI
County Suit Filed in			Date of Final Disposition
Volusia			12/23/2009
Other Defendants Involved in this Claim
Chen, Jane
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
12/15/2009

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$250,000

Loss Adjust Expense Paid to Defense Counsel

$20,000

All Other Loss Adjustment Expense Paid

$2,500

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

On going risk management

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 # 2010-31716-CICI

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201368828
Claim Number :	HPT 1431
Date Submitted :	10/30/2013

Insurer Information

Insurer Name				Coverage Type
Carbiener, Pamela P				Primary
Insurer FEIN		Professional License Number
59-3490542		ME62153
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Luella			Brown
Street Address
747 S. Ridgewood Ave., Suite 111
City				State	Zip
Daytona Beach				FL	32114
Phone	Ext	Fax	E-Mail Address
(386) 310 - 7969		(386) 310 - 7973	luellab@aol.com

Insured Information

Type	First Name		MI	Last Name
Individual	Pamela		P	Carbiener
Insurer Type		Street Address of Practice
Self-Insurer		1890 LPGA Blvd., Suite 160
City		State	Zip Code	County
Daytona Beach		FL	32117	Volusia
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
01-14		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME62153		Surgery - Obstetrics - Gynecology

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
Hospital Inpatient Facility
Name of Institution		Code
HALIFAX MEDICAL CENTER		100017
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
5/22/2008		10/23/2009

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Delayed bowel perforation
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Diagnostic laparoscopy with lysis of adhesions
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Long term pt with hx of ovarian cancer had intractable abd pain.After failed conservative tx, options were discussed. It was elected to perform a diagnostic laparoscopy.Risks were reviewed incl. injury to the bowel, infection, bleeding, con¿t pain/ need for addt¿l surgery.Surgery was performed uneventfully on 5-22-08.Intra-op findings noted extensive adhesions which were lysed. No intra op complications were noted. The pt was discharged home the next day, eating, ambulating, with bowel sounds and no fever. 4 days later, pt developed nausea/vomiting.She returned to the hospital. An ED MD and on call doctor saw the pt. Work up included lab and imaging. She was adm with post op ileus.Exam revealednormal WBC and VS, no bowel sounds and moderate abd distension with no rebound /guarding.X-ray suggested post op ileus.Incisions had no redness/ infection.Pt¿s condition improved with IV fluids and medications.A sudden change in condition occurred on 5-28-08.Dr Carbiener immediately responded, obtained stat CT scan, general surgery consult and took the pt back to OR where a bowel perforation was found/ repaired.The pt recovered. A NOI was rec¿d. Expert support was obtained and the matter was denied.Suit was filed alleging bowel perforation as a result of surgery.Well qualified defense experts disagreed.Plntf¿s expert witness opined surgery performed by Dr Carbiener was medically necessary and met the applicable SOC.Defense experts from gynecologic surgery, general surgery and radiology opined the picture was indicative of a probable bowel attachment to a surgical port site with delayed herniation and perforation which was promptly identified and treated.During court ordered mediation, a decision was made to resolve the case and avoid substantial time, expense and uncertainty of proceeding through jury trial. There was no admission of liability and Dr Carbiener strongly maintains her treatment of the patient was prudent.
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
5/12/2010			2010-31716-CICI
County Suit Filed in			Date of Final Disposition
Volusia			10/1/2013
Other Defendants Involved in this Claim
Stanley, Christopher
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
10/1/2013

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$250,000

Loss Adjust Expense Paid to Defense Counsel

$102,000

All Other Loss Adjustment Expense Paid

$12,500

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

On-going risk management.

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 P CARBIENER, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. PAMELA P CARBIENER, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).