Dr. ROBERT S THOMAS, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. ROBERT S THOMAS, MD

500 E. Central Avenue

Winter Haven, FL

33880

Polk

Court Case # 2018-CA-002074

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M202091483
Claim Number :	0364332
Date Submitted :	2/14/2020

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	Thomas
Insurer Type		Street Address of Practice
Licensed		500 E. Central Avenue
City		State	Zip Code	County
Winter Haven		FL	33880	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
0931531		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME60191		Surgery - General

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
			M	Polk
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
WINTER HAVEN HOSPITAL		100052
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
12/5/2015		12/27/2017

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Abdominal pain, vomiting and fatigue in a patient 2 months status post repair of perforated duodenal ulcer; chronic esophagitis by another surgeon
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Surgical consult.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Sudden unexpected cardiac arrest and death, allegedly related to slow leak and/ or re-rupture at site of previous ulcer repair
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
7/6/2018			2018-CA-002074
County Suit Filed in			Date of Final Disposition
Polk			2/7/2020
Other Defendants Involved in this Claim
Dias, Taha Rodriguez, Ofelio Aronski, Wojtek Reddy, Ashok Honer, Richard Shamim, Talha Winter Haven Hospital Shah, Ashish
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
2/7/2020

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$250,000

Loss Adjust Expense Paid to Defense Counsel

$60,937

All Other Loss Adjustment Expense Paid

$19,135

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

Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate.

Updates

No updates found.

Court Case # 53-2003CA-002408

Indemnity Paid: $91,415.00

Medical Malpractice Closed Claims Report

Department File Number :	M200953865
Claim Number :	16284
Date Submitted :	6/9/2009

Insurer Information

Insurer Name				Coverage Type
MAG MUTUAL INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
58-1449198
Insurer Contact Information
Type		Entity Name
Entity		MAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
City				State	Zip
Orlando				FL	32819
Phone	Ext	Fax	E-Mail Address
(407) 370 - 3813		(407) 370 - 2247	cwehner@magmutual.com

Insured Information

Type	First Name		MI	Last Name
Individual	Robert		S	Thomas
Insurer Type		Street Address of Practice
Licensed		500 E. Central Avenue
City		State	Zip Code	County
Winter Haven		FL	33880	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
PSL 1600278 01		$1,000,000		$3,000,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME60191		Surgery - General

Medical Malpractice Closed Claims Report

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
Hospital Inpatient Facility
Name of Institution		Code
WINTER HAVEN HOSPITAL		100052
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
9/20/2001		9/19/2002

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Perforated cecum
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Colonoscopy
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to recognize signs and symptoms of a perforated cecum
Principal Injury Giving Rise To The Claim
Perforated cecum/sepsis
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
6/10/2003			53-2003CA-002408
County Suit Filed in			Date of Final Disposition
Polk			5/15/2009
Other Defendants Involved in this Claim
Simmons, MD, David Bond Clinic
Stage of Legal System at which Settlement was Reached or Award Made
After court verdict and prior to filing of notice of appeal.
Final Method of Claim Disposition
Disposed of by Court
Court Decision			Other
Directed verdict for plaintiff.
Arbitration
Claim not subject to Arbitration.
Date of Payment
6/3/2009

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$91,415

Loss Adjust Expense Paid to Defense Counsel

$119,509

All Other Loss Adjustment Expense Paid

$63,617

Injured Person's Total Non-Economic Loss

$20,000

Deductible

Injured Person's Total Economic Loss

	Incurred to Date	Anticipated
Medical Expense	$71,415	$0
Wage Loss	$0	$0
Other Expenses	$0	$0

Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely

Risk management has counseled insured

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case # 53-2007CA-007454-000

Indemnity Paid: $9,999.00

Medical Malpractice Closed Claims Report

Department File Number :	M200954228
Claim Number :	394-015338
Date Submitted :	7/7/2009

Insurer Information

Insurer Name				Coverage Type
LEXINGTON INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
25-1149494
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	IRMA		J	MCCLAIN
Street Address
1200 ABERNATHY RD. 8TH FLOOR
City				State	Zip
ATLANTA				GA	30328
Phone	Ext	Fax	E-Mail Address
(770) 671 - 2299		(770) 399 - 4055	irma.mcclain@aig.com

Insured Information

Type	First Name		MI	Last Name
Individual	ROBERT		S	THOMAS
Insurer Type		Street Address of Practice
Licensed		500 E CENTRAL AVE.
City		State	Zip Code	County
WINTER HAVEN		FL	33880	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
6794378		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME60191		Surgery - General Practice or Family Practice

Medical Malpractice Closed Claims Report

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
Hospital Inpatient Facility
Name of Institution		Code
WINTER HAVEN HOSPITAL		100052
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
2/27/2006		9/7/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
COMPLEX NODULE ON THYROID
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
THYNIDECTOMY
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NOT FOUND
Principal Injury Giving Rise To The Claim
FAILURE TO CLOSELY MONITOR VITAL SIGNS
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
12/5/2007			53-2007CA-007454-000
County Suit Filed in			Date of Final Disposition
Polk			6/16/2009
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

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$9,999

Loss Adjust Expense Paid to Defense Counsel

$53,440

All Other Loss Adjustment Expense Paid

Injured Person's Total Non-Economic Loss

Deductible

$63,439

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

BETTER MONITOR PATIENTS

Updates

No updates found.

This page is not displaying certain sensitive information.

Court Case # 15-CA-000201

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201780845
Claim Number :	309858
Date Submitted :	1/13/2017

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			Thomas
Insurer Type		Street Address of Practice
Licensed		500 E. Central Avenue
City		State	Zip Code	County
Winter Haven		FL	33880	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
0931531		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME60191		Surgery - General

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	Polk
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
WINTER HAVEN HOSPITAL		100052
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
8/3/2012		8/30/2013

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Perforated appendix.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laparoscopic appendectomy and post-op care.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Post op abdominal abscess.
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
1/19/2015			15-CA-000201
County Suit Filed in			Date of Final Disposition
Polk			12/21/2016
Other Defendants Involved in this Claim
Bond and Steele Clinic, PA
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
No Payment Made
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?

Indemnity Paid by Insurer on behalf of Insured

Loss Adjust Expense Paid to Defense Counsel

$17,865

All Other Loss Adjustment Expense Paid

$7,288

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

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.

Frequently Asked Questions

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

Dr. ROBERT S THOMAS, MD has at least 4 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases