| Department File Number : | M201677019 |
| Claim Number : | MM270448 |
| Date Submitted : | 2/4/2016 |
| Insurer Information | |||||
| Insurer Name | Coverage Type | ||||
| ESSEX INSURANCE COMPANY | Primary | ||||
| Insurer FEIN | Professional License Number | ||||
| 54-1132719 | |||||
| Insurer Contact Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | CRYSTAL | L | ALSTONBAYTON | ||
| Street Address | |||||
| 4600 COX ROAD | |||||
| City | State | Zip | |||
| GLEN ALLEN | VA | 23060 | |||
| Phone | Ext | Fax | E-Mail Address | ||
| (804) 864 - 3731 | (855) 662 - 7535 | CALSTONBAYTON@MARKELCORP.COM | |||
| Insured Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | PARESH | SHAH | |||
| Insurer Type | Street Address of Practice | ||||
| Licensed | 1814 BULL STREET | ||||
| City | State | Zip Code | County | ||
| Columbia | SC | 29201 | Out of state | ||
| Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
| MM823859 | $1,000,000 | $3,000,000 | |||
| Profession or Business | Other Profession or Business | ||||
| Medical Doctor | |||||
| License Number | Specialty Code & Classification | Certification Number | |||
| ME97301 | Radiology - therapeutic - no surgery | ||||
| Injured Person Information | |||||
| First Name | MI | Last Name | Date of Birth | ||
| Street Address | Gender | County where Injury Occurred | |||
| M | Polk | ||||
| City | State | Zip Code | |||
| Location where injury occured | Other location where injury occured | ||||
| Other Location | ADVANCED TECHNOLOGICAL RADIOLOGY PA | ||||
| Name of Institution | Code | ||||
| Location of Institutional Injury | Other Location of Institutional Injury | ||||
| Radiology, Emergency Room | |||||
| Date of Occurrence | Date Reported to Insurer | ||||
| 4/24/2012 | 4/4/2014 | ||||
| Diagnostic Information | |||||
| Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
| Between Dec 2009 - Jan 2012, Brian James was treated at Newberry Chiropractic Clinic, by James Lukes, DC for neck and back pain due to stress. Treatment included x-rays, chiropractic adjustments, physiotherapy, and ibuprofen. Mr. James followed up with PCP on Feb 1 and April 2 2012 for the same pain in neck/back and a CT Scan was ordered. April 7 2012 Mr. James returned to clinic for sharp pains in upper spine after a fall, more x-rays were ordered. On April 9 2012 Mr. James went to PCP with additional pain after a fall. April 13 2012 he underwent previously ordered CT scan where a fracture, lesions and a tumor were found. On April 18 2012, Mr. James saw Susan Ross, MD at Central FL Cancer Institute, who confirmed. Dr Ross ordered MRI, PET scan, labs & bone scan to eliminate possibility of scar tissue due to Mr James history as bull rider. April 23 2012, Mr. James underwent MRI of cervical and thoracic spine ordered by and films were read by Dr. Paresh Shah. | |||||
| Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
| Dr. Shah made the following findings on April 24, 2012 MRI film: "Patchy area of signal intensity on T2 weighted 3 images in vertebral body of T1. Also thickening of the right facet of the vertebral body of T1 on these T2 weighted images with minimal increased signal intensity. Left side of T1 is normal. Effacement of SF space due to new bone formation or hypertrophy of the lamina in the facet joint at the level of T1, no evidence of any cord compression. Abnormal enhancement of soft tissue in the paraspinal muscle at T1, T2 and T3. Also abnormal enhancement of vertebral body of T1 with intravenous contrast administration." His impression was as follows: "MRI of c-spine is normal. Patient has old healing fracture of the vertebral body of T1 with new bone formation of right lamina and facet region of the vertebral body of T1. There is probably fibrosis or enhancement of the soft tissues in the right paraspinal muscles secondary to fibrosis or some inflammation." Dr. Shah noted in MRI of the thoracic spine: "increased signal intensity in vertebral body of T1, this is a patchy area of enhancement on the T2 weighted images. This new lesion is better seen on c-spine MRI." His impression was: normal t-spine MRI except T1. This intervertebral disc is described on the c-spine MRI." | |||||
| Diagnostic Code : | |||||
| Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
| Dr. Shah allegedly failed to diagnose the T1 tumor on the April 24, 2012 film, which resulted in spread of cancer. | |||||
| Principal Injury Giving Rise To The Claim | |||||
| As a result of the alleged negligence of potential defendants, Claimants contend that Mr. James suffered injury and damages, including the necessity of undergoing emergent, specialized care rendered at Winter Haven Hospital and Tampa General Hospital for his spinal surgery and the resulting physical, emotional and financial consequences stemming from that medical care which could have been avoided had Mr. James undergone a timely bone marrow aspiration and biopsy of the T1 with focal radiation therapy. Mr. James contends that he is unable to complete tasks around the house that he previously was able to complete, including mowing the lawn, yard work, dishes, cleaning the house, laundry, the majority of the cooking and repairs around the house, and must have other people perform them for him. Neighbors now mow his lawn. Mrs. James is now completing additional jobs that were previously performed by her husband. | |||||
| Severity Of Injury | |||||
| Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries. | |||||
| Legal Information | |||||
| Date of Suit | Circuit Court Case Number | ||||
| 7/17/2014 | 2014CA002912000000 | ||||
| County Suit Filed in | Date of Final Disposition | ||||
| Polk | 2/20/2015 | ||||
| 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 | |||||
| Settled by parties | |||||
| Court Decision | Other | ||||
| No Court Proceedings. | |||||
| Arbitration | |||||
| Claim not subject to Arbitration. | |||||
| Date of Payment | |||||
| 1/2/2015 | |||||
| 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 | $36,397 | ||||||||||||||||||||
| All Other Loss Adjustment Expense Paid | $5,210 | ||||||||||||||||||||
| Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
| Deductible | $29,984 | ||||||||||||||||||||
| Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
| Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
| NONE | |||||||||||||||||||||
| Updates | |
| No updates found. |
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Does Dr. PARESH SHAH, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. PARESH SHAH, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).