| Department File Number : | M201885104 |
| Claim Number : | WC/108888-17 |
| Date Submitted : | 4/18/2018 |
| Insurer Information | |||||
| Insurer Name | Coverage Type | ||||
| Watson Clinic LLP | Primary | ||||
| Insurer FEIN | Professional License Number | ||||
| 59-070493 | |||||
| Insurer Contact Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Diane | Szymanski | |||
| Street Address | |||||
| 1600 Lakeland Hills Blvd | |||||
| City | State | Zip | |||
| Lakeland | FL | 33805 | |||
| Phone | Ext | Fax | E-Mail Address | ||
| (863) 680 - 7620 | (863) 616 - 2430 | aszymanski@watsonclinic.com | |||
| Insured Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Rachel | A | Burke | ||
| Insurer Type | Street Address of Practice | ||||
| Self-Insurer | 1600 Lakeland Hills Blvd | ||||
| City | State | Zip Code | County | ||
| Lakeland | FL | 33805 | Polk | ||
| Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
| PH1605501-PL | $2,000,000 | $18,000,000 | |||
| Profession or Business | Other Profession or Business | ||||
| Medical Doctor | |||||
| License Number | Specialty Code & Classification | Certification Number | |||
| ME117873 | Radiology - Diagnostic - No Surgery | ||||
| Injured Person Information | |||||
| First Name | MI | Last Name | Date of Birth | ||
| Street Address | Gender | County where Injury Occurred | |||
| F | Polk | ||||
| City | State | Zip Code | |||
| Location where injury occured | Other location where injury occured | ||||
| Other Location | Watson Clinic LLP; Women's Center | ||||
| Name of Institution | Code | ||||
| N/A | 000000 | ||||
| Location of Institutional Injury | Other Location of Institutional Injury | ||||
| Other | Diagnostic Exam Room | ||||
| Date of Occurrence | Date Reported to Insurer | ||||
| 6/22/2016 | 8/29/2017 | ||||
| Diagnostic Information | |||||
| Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
| Patient was referred to Dr. Burke from the ARNP in the Breast Surgery Office. The referral was to review an outside ultrasound and diagnostic mammogram with a finding of a mass in the right breast and description of Bi-Rad Category 5. Dr. Burke was to evaluate the need for a possible biopsy. | |||||
| Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
| Dr. Burke reviewed the outside images but did not agree with the description of the outside mammogram and ultrasound images, therefore she ordered an additional 3D mammogram with spot compression views and in addition, a whole breast ultrasound with focus on the area of palpable concern. The patient was instructed to show Dr. Burke the areas of concern in her right breast and Dr. Burke personally rescanned the area and looked at the images live.The conclusion Dr. Burke reached was that this patient had multiple cysts and very dense breast tissue, but she could not replicate any suspicious area of concern that the outside facility reported. A discreet mass was not found. There was no lesion identified to biopsy in either the representative study or the focused study of the suspicious area.The patient was instructed by Dr. Burke to return to the ARNP in the Breast Surgery Office and also told that she could find no area to biopsy. The patient was told that there was a discrepancy between the outside images/report findings and what Dr. Burke was able to find on the images that she ordered and read which appeared to be benign findings. Dr. Burke did request the patient return again in six months for another evaluation. | |||||
| Diagnostic Code : | |||||
| Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
| This case involved a delayed diagnosis of an invasive ductal carcinoma. | |||||
| Principal Injury Giving Rise To The Claim | |||||
| Unfortunately, when the patient returned six months later, she was diagnosed with an invasive ductal carcinoma. Following an ultrasound-guided aspiration and core biopsy of a mass in her right breast, the patient was diagnosed on 1/6/2017 with lymph node positive triple negative cancer. The patient underwent aggressive treatment, but unfortunately, died on 1/5/2018. | |||||
| Severity Of Injury | |||||
| Permanent: Death. | |||||
| Legal Information | |||||
| Date of Suit | Circuit Court Case Number | ||||
| *NR | |||||
| County Suit Filed in | Date of Final Disposition | ||||
| *NR | 3/23/2018 | ||||
| Other Defendants Involved in this Claim | |||||
| Stage of Legal System at which Settlement was Reached or Award Made | |||||
| Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed). | |||||
| Final Method of Claim Disposition | |||||
| Settled by parties | |||||
| Court Decision | Other | ||||
| No Court Proceedings. | |||||
| Arbitration | |||||
| Claim not subject to Arbitration. | |||||
| Date of Payment | |||||
| 3/23/2018 | |||||
| Financial Information | |||||||||||||||||||||
| Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
| Indemnity Paid by Insurer on behalf of Insured | $600,000 | ||||||||||||||||||||
| Loss Adjust Expense Paid to Defense Counsel | $19,093 | ||||||||||||||||||||
| All Other Loss Adjustment Expense Paid | $4,782 | ||||||||||||||||||||
| 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 event reviewed with individual parties involved. | |||||||||||||||||||||
| 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.
Does Dr. RACHEL A BURKE, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. RACHEL A BURKE, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).