Dr. ROBERT CYWES, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. ROBERT CYWES, MD

3236 Beach Blvd.

Jacksonville, FL

32207

Duval

Summary

- Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
- Tumor of the right thyroid gland
- Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
- Right Hemithyroidectomy with resection of isthmus.
- Diagnostic Code:
- Misdiagnosis Made, If Any, Of Patient's Actual Condition
- *NR
- Principal Injury Giving Rise To The Claim
- Plaintiff alleged wrong site surgery
- Severity Of Injury
- temporary: minor - infections, misset fracture, fall in hospital recovery delayed.
- Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
- Patient presented to physician for an evaluation for bariatric surgery. At that time, her history included poorly controlled hypertention, mixed hyperlipidemia, asthma, morbid obesity, depressive disorder, failed gastric bypass surgery & multiple failed attempts at conservative & surgical weight loss. A former physician suggested she have her mouth wired shut. Physician noted her to be good candidate for adjustable restrictive surgery to help her control portion sizes & provide safety; put on supervised multidisciplinary weight loss program for 6 mo prior to surgery.
- Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
- Abdominal scarring & fistula already in evidence before insured physician involvement due to previous surgeries. Insured physician performed lap band surgery.Patient developed an infection post operatively.
- Diagnostic Code:
- Misdiagnosis Made, If Any, Of Patient's Actual Condition
- After multiple attempts to fight the infection, insured physician removed the lap band.
- Principal Injury Giving Rise To The Claim
- Patient alleged physician did not appropriately manage infection post-operatively and did not timely perform surgery to remove the lap band as soon as the infection was evident. Plaintiff alleged as a result, she endured pain & suffering & loss of enjoyment of life, and incurred medical expenses.
- Severity Of Injury
- temporary: minor - infections, misset fracture, fall in hospital recovery delayed.
- Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
- Plaintiff was a paitent of insured physician, who had performed a prior gastric lap band procedure and abdominoplasty procedure. Plaintiff repeatedly requested insured perform brachioplasty to remove excess skin on her bilateral arms after weight loss.Pt also had some scarring on her arms from burns suffered many years previously. Physician discussed risks, benefits, alternatives to surgery, details of the operation (including the fact that her burns may restrict the surgery) with patient & encouraged her to consult with other surgeons, including plastic surgeons regarding performing the procedure. Plaintiff understood & consented to procedure & specifically stated she wanted insured phy to perform procedure.
- Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
- Insured physician performed the brachioplasty procedure to remove excess skin on plaintiff's bilateral arms. Plaintiff tolerated the procedure well & there were no complications during the procedure.Following the procedure, the patient began to complain of pain in her right upper arm & underwent a resection of her scars with primary scar revision.Plaintiff continued to complain of pain after the procedure, but physician noted she continued to have good arterial flow.
- Diagnostic Code:
- Misdiagnosis Made, If Any, Of Patient's Actual Condition
- None.As the wounds began to heal, insured physician encouraged patient to begin rehabilitation of her arms, but pt continuously resisted movement & rehab of arms for fear of opening her scars.Physician noted he was pleased with her healing, but was concerned with her lack of desire to exercise or rehab the arms; he further recommended an orthopedic surgeon for plaintiff to consult, which she refused.
- Principal Injury Giving Rise To The Claim
- Two months after the procedure, Patient advised insured physician of her anger at him about her arm and her weight.Patient alleged insured physician negligently removed excessive amounts of tissue, skin and vascular structures which compromised patientÂ¿s ability to move her shoulders resulting in continued medical treatment and scarring on her arm.
- Severity Of Injury
- permanent: minor - loss of fingers, loss or damage to organsincludes non-disabling injuries.

Court Case #

Indemnity Paid: $240,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201574137
Claim Number :	FL-JSA-08-ERP
Date Submitted :	4/3/2015

Insurer Information

Insurer Name				Coverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
81-0603029
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Julie			Moore
Street Address
101 E. Park Blvd.
City				State	Zip
Plano				TX	75074
Phone	Ext	Fax	E-Mail Address
(866) 520 - 6896			jmontague@bpmp.com

Insured Information

Type	First Name		MI	Last Name
Individual	Robert			Cywes
Insurer Type		Street Address of Practice
Licensed		9923 Perimeter Park Road, Suite 101
City		State	Zip Code	County
Jacksonville		FL	32216	Duval
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
G-AMS-115890		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME85894		Physicians - Minor Surgery. NOC classification.

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	Pasco
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
PASCO COMMUNITY HOSPITAL		100211
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
11/12/2012		1/31/2014

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Tumor of the right thyroid gland
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Right Hemithyroidectomy with resection of isthmus.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Plaintiff alleged wrong site 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			3/31/2015
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

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$240,000

Loss Adjust Expense Paid to Defense Counsel

$18,930

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

Complete surgical checklists to ensure correct surgical site.

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-CA-015100

Indemnity Paid: $98,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201161884
Claim Number :	FL-JSA-01
Date Submitted :	10/18/2011

Insurer Information

Insurer Name				Coverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
81-0603029
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Cindy			Black
Street Address
9330 Amberton Pkwy.#2300
City				State	Zip
Dallas				TX	75243
Phone	Ext	Fax	E-Mail Address
(469) 330 - 6355		(972) 739 - 2631	cblack@bpmp.com

Insured Information

Type	First Name		MI	Last Name
Individual	Robert		C	Cywes
Insurer Type		Street Address of Practice
Licensed		3236 Beach Blvd.
City		State	Zip Code	County
Jacksonville		FL	32207	Duval
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
I-AMS-115168		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME85894		Physicians or Surgeons - Major Surgery.NOC classification.

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Duval
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
MEMORIAL HOSPITAL JACKSONVILLE		100179
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
5/14/2007		5/14/2009

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented to physician for an evaluation for bariatric surgery. At that time, her history included poorly controlled hypertention, mixed hyperlipidemia, asthma, morbid obesity, depressive disorder, failed gastric bypass surgery & multiple failed attempts at conservative & surgical weight loss. A former physician suggested she have her mouth wired shut. Physician noted her to be good candidate for adjustable restrictive surgery to help her control portion sizes & provide safety; put on supervised multidisciplinary weight loss program for 6 mo prior to surgery.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Abdominal scarring & fistula already in evidence before insured physician involvement due to previous surgeries. Insured physician performed lap band surgery.Patient developed an infection post operatively.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
After multiple attempts to fight the infection, insured physician removed the lap band.
Principal Injury Giving Rise To The Claim
Patient alleged physician did not appropriately manage infection post-operatively and did not timely perform surgery to remove the lap band as soon as the infection was evident. Plaintiff alleged as a result, she endured pain & suffering & loss of enjoyment of life, and incurred medical expenses.
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
10/1/2009			2009-CA-015100
County Suit Filed in			Date of Final Disposition
Duval			9/20/2011
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
9/16/2011

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$98,000

Loss Adjust Expense Paid to Defense Counsel

$37,000

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

Settlement of the matter was not an admission of liability, but was done to prevent a lengthy trial.Multiple bariatric surgeons & an infectious disease expert were very supportive of the care and treatment of this patient by insured physicians.The patient had good results in spite of her infection.

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case # 162010CA008620

Indemnity Paid: $69,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201162358
Claim Number :	FL-JSA-06
Date Submitted :	11/21/2011

Insurer Information

Insurer Name				Coverage Type
APPLIED MEDICO-LEGAL SOLUTIONS RISK RETENTION GROUP, INC.				Primary
Insurer FEIN		Professional License Number
81-0603029
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Cindy			Black
Street Address
9330 Amberton Pkwy.#2300
City				State	Zip
Dallas				TX	75243
Phone	Ext	Fax	E-Mail Address
(469) 330 - 6355		(972) 739 - 2631	cblack@bpmp.com

Insured Information

Type	First Name		MI	Last Name
Individual	Robert			Cywes
Insurer Type		Street Address of Practice
Licensed		8823 Perimeter Park Blvd. Suite 101
City		State	Zip Code	County
Jacksonville		FL	32216	Duval
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
G-AMS-115890		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME85894		Surgery - Abdominal

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Duval
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Location		Jacksonville Beach Surgery Center
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
5/5/2008		4/12/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Plaintiff was a paitent of insured physician, who had performed a prior gastric lap band procedure and abdominoplasty procedure. Plaintiff repeatedly requested insured perform brachioplasty to remove excess skin on her bilateral arms after weight loss.Pt also had some scarring on her arms from burns suffered many years previously. Physician discussed risks, benefits, alternatives to surgery, details of the operation (including the fact that her burns may restrict the surgery) with patient & encouraged her to consult with other surgeons, including plastic surgeons regarding performing the procedure. Plaintiff understood & consented to procedure & specifically stated she wanted insured phy to perform procedure.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured physician performed the brachioplasty procedure to remove excess skin on plaintiffÂ¿s bilateral arms. Plaintiff tolerated the procedure well & there were no complications during the procedure.Following the procedure, the patient began to complain of pain in her right upper arm & underwent a resection of her scars with primary scar revision.Plaintiff continued to complain of pain after the procedure, but physician noted she continued to have good arterial flow.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.As the wounds began to heal, insured physician encouraged patient to begin rehabilitation of her arms, but pt continuously resisted movement & rehab of arms for fear of opening her scars.Physician noted he was pleased with her healing, but was concerned with her lack of desire to exercise or rehab the arms; he further recommended an orthopedic surgeon for plaintiff to consult, which she refused.
Principal Injury Giving Rise To The Claim
Two months after the procedure, Patient advised insured physician of her anger at him about her arm and her weight.Patient alleged insured physician negligently removed excessive amounts of tissue, skin and vascular structures which compromised patientÂ¿s ability to move her shoulders resulting in continued medical treatment and scarring on her arm.
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
7/1/2010			162010CA008620
County Suit Filed in			Date of Final Disposition
Duval			11/21/2011
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
10/21/2011

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$69,000

Loss Adjust Expense Paid to Defense Counsel

$56,592

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

Settlement of case is not an admission of liability. Expert witnesses opined that physician did not breach standard of care; settlement made to avoid expense of trial.

Updates

Date of Change:

11/21/2011 4:28:40 PM

Reason for Change:

Financial data originally entered into incorrect field.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	0	56592
Amount of Deductible Paid by Defendant	56592	0

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Frequently Asked Questions

Does Dr. ROBERT CYWES, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. ROBERT CYWES, MD has at least 3 medical malpractice case(s), lawsuit(s), or complaint(s).

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