Medical Malpractice Cases

Dr. ROBERTO F BERAJA, MD Medical Malpractice Cases, Lawsuits, and Complaints

Court Case # 18-025455 CA 23

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201988073
Claim Number : 369097
Date Submitted : 3/6/2019
 
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
 
TypeFirst NameMILast Name
IndividualRobertoFBeraja
Insurer TypeStreet Address of Practice
Licensed2550 South Douglas Road, Suite 300
CityStateZip CodeCounty
Coral GablesFL33134Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0954515$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME39484Surgery - Opthalmology 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MDade
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherPhysician's Office
Date of OccurrenceDate Reported to Insurer
10/20/20174/27/2018
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Decreased vision, blurriness right eye, Glaucoma.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insertion of Ahmed Valve with scleral patching, right eye.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
The patient, a 66-year-old male, presented at insureds office in 2017 with advanced, end-stage glaucoma damage in both eyes, resulting in blindness in his left eye and loss of vision and blurriness in his right eye. He had two Ahmed Valves inserted, which, even with medication, was ineffective in salvaging the vision in his right eye, and the pressure level in his eye was persistently elevated. Insured discussed all of the options with the patient, including non-surgical options and the potential progression of blindness to his right eye. The patient consented to surgical intervention to attempt to salvage what little vision he had left. Before the surgery, insured explained the risks and benefits associated with the procedure, including the possibility that the surgery may not be effective. On 12/20/17, insured inserted a third Ahmed Valve with a sclera patch in the patients right eye, after which the patient developed a known, but rare, complication called aqueous misdirection. The next day, insured referred him to a retina specialist for further treatment.The patient sued, arguing that insured should not have operated, even though his disease progression would have resulted in the same prognosis of permanent blindness and the procedure had at least the potential to slow that progression. A world-renowned ophthalmologist and expert in this field reviewed the medical records in this case and agreed with the care insured provided. This expert, who established the treatment guidelines for glaucoma patients published by the American Academy of Ophthalmology, opined that based on this patient¿s pressure readings, surgical intervention was the appropriate treatment option, the care was appropriate and defensible against a suit, and the post-operative complication of aqueous misdirection, which is seen in about one percent (1%) of similar glaucoma operations, was unavoidable, yet handled appropriately by a prompt referral to a retina specialist.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
7/27/201818-025455 CA 23
County Suit Filed inDate of Final Disposition
Dade2/6/2019
Other Defendants Involved in this Claim
Beraja Medical Institute, Inc.
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/6/2019
 
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$12,334
All Other Loss Adjustment Expense Paid$6,973
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
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.

 

Frequently Asked Questions

Does Dr. ROBERTO F BERAJA, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. ROBERTO F BERAJA, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).

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