| Department File Number : | M201679902 |
| Claim Number : | 254963 |
| Date Submitted : | 10/11/2016 |
| Insurer Information | |||||
| Insurer Name | Coverage Type | ||||
| DOCTORS COMPANY, AN INTERINSURANCE EXCHANGE (THE) | Primary | ||||
| Insurer FEIN | Professional License Number | ||||
| 95-3014772 | |||||
| Insurer Contact Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Kelly | Andrews | |||
| Street Address | |||||
| 12724 Gran Bay Parkway, W., Suite 400 | |||||
| City | State | Zip | |||
| Jacksonville | FL | 32258 | |||
| Phone | Ext | Fax | E-Mail Address | ||
| (904) 360 - 3038 | kandrews@thedoctors.com | ||||
| Insured Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Robert | S | Fishel | ||
| Insurer Type | Street Address of Practice | ||||
| Licensed | 5511 S. Congress Avenue, Suite 125 | ||||
| City | State | Zip Code | County | ||
| Atlantis | FL | 33462 | Palm Beach | ||
| Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
| 070326 | $1,000,000 | $3,000,000 | |||
| Profession or Business | Other Profession or Business | ||||
| Medical Doctor | |||||
| License Number | Specialty Code & Classification | Certification Number | |||
| ME68167 | Pulmonary Diseases - No Surgery | ||||
| Injured Person Information | |||||
| First Name | MI | Last Name | Date of Birth | ||
| Street Address | Gender | County where Injury Occurred | |||
| M | Broward | ||||
| City | State | Zip Code | |||
| Location where injury occured | Other location where injury occured | ||||
| Hospital Inpatient Facility | |||||
| Name of Institution | Code | ||||
| BROWARD GENERAL MEDICAL CENTER | 100039 | ||||
| Location of Institutional Injury | Other Location of Institutional Injury | ||||
| Special Procedure Room | |||||
| Date of Occurrence | Date Reported to Insurer | ||||
| 6/22/2007 | 6/28/2007 | ||||
| Diagnostic Information | |||||
| Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
| The patient suffered from cardiac disease. The patient is deceased. | |||||
| Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
| The patient underwent an ICD implantation. | |||||
| Diagnostic Code : | |||||
| Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
| *NR | |||||
| Principal Injury Giving Rise To The Claim | |||||
| Death | |||||
| Severity Of Injury | |||||
| Permanent: Death. | |||||
| Legal Information | |||||
| Date of Suit | Circuit Court Case Number | ||||
| 1/23/2009 | 09004409 | ||||
| County Suit Filed in | Date of Final Disposition | ||||
| Palm Beach | 9/12/2016 | ||||
| Other Defendants Involved in this Claim | |||||
| Broward General 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 | |||||
| 9/12/2016 | |||||
| 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 | $39,292 | ||||||||||||||||||||
| All Other Loss Adjustment Expense Paid | $10,205 | ||||||||||||||||||||
| Injured Person's Total Non-Economic Loss | $175,000 | ||||||||||||||||||||
| Deductible | $0 | ||||||||||||||||||||
| Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
| Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
| Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate. | |||||||||||||||||||||
| 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.
| Department File Number : | M201679965 |
| Claim Number : | 254963A/267997A |
| Date Submitted : | 10/11/2016 |
| Insurer Information | |||||
| Insurer Name | Coverage Type | ||||
| THE DOCTORS COMPANY RISK RETENTION GROUP, A RECIPROCAL EXCHANGE | Primary | ||||
| Insurer FEIN | Professional License Number | ||||
| 80-0787558 | |||||
| Insurer Contact Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Robert | Fishel | |||
| Street Address | |||||
| 102 Basin Drive | |||||
| City | State | Zip | |||
| Delray Beach | FL | 33483 | |||
| Phone | Ext | Fax | E-Mail Address | ||
| (561) 926 - 8710 | drfishel@heartrhythmexperts.com | ||||
| Insured Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Robert | Fishel | |||
| Insurer Type | Street Address of Practice | ||||
| Licensed | 180 JFK Drive | ||||
| City | State | Zip Code | County | ||
| Atlantis | FL | 33462 | Palm Beach | ||
| Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
| 254963 | $1,000,000 | $1,000,000 | |||
| Profession or Business | Other Profession or Business | ||||
| Medical Doctor | |||||
| License Number | Specialty Code & Classification | Certification Number | |||
| ME68167 | Cardiovascular Disease - Minor Surgery | ||||
| Injured Person Information | |||||
| First Name | MI | Last Name | Date of Birth | ||
| Street Address | Gender | County where Injury Occurred | |||
| M | Broward | ||||
| City | State | Zip Code | |||
| Location where injury occured | Other location where injury occured | ||||
| Hospital Inpatient Facility | |||||
| Name of Institution | Code | ||||
| BROWARD GENERAL MEDICAL CENTER | 100039 | ||||
| Location of Institutional Injury | Other Location of Institutional Injury | ||||
| Special Procedure Room | |||||
| Date of Occurrence | Date Reported to Insurer | ||||
| 6/22/2007 | 6/22/2007 | ||||
| Diagnostic Information | |||||
| Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
| End stage non-ischemic cardiomyopathy and congestive heart failure | |||||
| Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
| The patient entered electromechanical dissociation (EMD) following an uncomplicated implantable defibrillator insertion procedure. This was due to end stage heart failure. CPR which was successful in resuscitating the patient. The patient however sustained a brain injury from his EMD and life support was eventually withdrawn. | |||||
| Diagnostic Code : | |||||
| Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
| There was no misdiagnosis made either prior to the ICD implant or following the start of EMD which was recognized and treated successfully with CPR | |||||
| Principal Injury Giving Rise To The Claim | |||||
| Plaintiff alleges the surgery for the ICD implant caused the EMD. In fact the surgery was without complication. EMD occurred after induction of VF to test the device - which worked correctly in resorting a normal rhythm. EMD is now a well recognized complication of testing if ICDs following implantation and occurs in end stage patients on rare occasion. The standard of care at the time of this event was that all ICD implants be tested. Subsequent recognition of this rare complication seen in end stage patients has changed the current protocol of ICD implantation whereby VF induction testing is at the operators discretion. | |||||
| Severity Of Injury | |||||
| Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis. | |||||
| Legal Information | |||||
| Date of Suit | Circuit Court Case Number | ||||
| 9/1/2007 | 09-004409 | ||||
| County Suit Filed in | Date of Final Disposition | ||||
| Broward | 8/16/2016 | ||||
| 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 | |||||
| 8/16/2016 | |||||
| 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 | $0 | ||||||||||||||||||||
| All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
| 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 | |||||||||||||||||||||
| Current standard of care now allows the operator to elect to perform or not to perform VF induction at the time of an ICD implant. Thus, in cases of end stage heart disease similar to this one, no VF induction will be performed. This was not the standard of care at the time of the implant nearly ten years ago in regards to this matter. | |||||||||||||||||||||
| Updates | |
| No updates found. |
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Does Dr. ROBERT S FISHEL, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. ROBERT S FISHEL, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).