Medical Malpractice Cases

Dr. RICHARD N BANEY, MD Medical Malpractice Cases, Lawsuits, and Complaints

Court Case #

Indemnity Paid: $175,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201573742
Claim Number : 13-005-AB-000450
Date Submitted : 3/11/2015
 
Insurer Information
 
Insurer Name Coverage Type
BANEY, RICHARD N Primary
Insurer FEIN Professional License Number
199-46-39 ME57193
Insurer Contact Information
Type First Name MI Last Name
Individual Debby   Weber
Street Address
8725 W. Higgins Rd., Ste. 810
City State Zip
Chicago IL 60631
Phone Ext Fax E-Mail Address
738648297   (773) 864 - 8281 dweber@claritygrp.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualRICHARDNBANEY
Insurer TypeStreet Address of Practice
Self-Insurer1223 Gateway Drive
CityStateZip CodeCounty
MelbourneFL32901Brevard
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
13-PA-005-AB$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME57193Internal Medicine - No Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MBrevard
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
N/A000000
Location of Institutional InjuryOther Location of Institutional Injury
OtherPhysician's office
Date of OccurrenceDate Reported to Insurer
8/2/20139/25/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
57 y/o male presented to the physician¿s office with complaints of epigastric pain for the previous two nights. He related each episode, which lasted about 5 minutes, with eating spicy foods. After testing Dr. Baney believed his condition to be gastrointestinal in nature. It was later determined that his complaints were related to a cardiac condition.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Dr. Baney ordered an EKG and labs, including a troponin level. The EKG was normal and the patient was discharged. After the troponin level came back slightly abnormal the physician¿s office called the patient and asked him to return to the office for further testing. A second troponin was run and it appeared to be normal. It was learned later that the test run at the hospital was a Troponin I while the second test run at the clinic was a Troponin T. The tests have different ranges of normal, and both were elevated.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
The patient was thought to have a gastrointestinal disorder when he actually had a cardiac condition.
Principal Injury Giving Rise To The Claim
The patient went home and suffered a cardiac arrest leading to his death within several hours of leaving the physician¿s office.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
 *NR
County Suit Filed inDate of Final Disposition
*NR1/13/2015
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
Settlement Reached Prior to Pre-Suit Period
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
1/13/2015
 
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$20,906
All Other Loss Adjustment Expense Paid$6,000
Injured Person's Total Non-Economic Loss$0
Deductible$50,000
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$10,972$0
Wage Loss$450,000$0
Other Expenses$30,000$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Going forward, the physicians¿ clinic will only be using the hospital lab to avoid any future misunderstanding of troponin values.
 
Updates
 
No updates found.

 

 

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

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Frequently Asked Questions

Does Dr. RICHARD N BANEY, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. RICHARD N BANEY, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).

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