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

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Phycicians Practice Address

Dr. ROBERTO F BERAJA, MD

2550 South Douglas Road, Suite 300

Coral Gables, FL

33134

Dade

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

Type	First Name		MI	Last Name
Individual	Roberto		F	Beraja
Insurer Type		Street Address of Practice
Licensed		2550 South Douglas Road, Suite 300
City		State	Zip Code	County
Coral Gables		FL	33134	Dade
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
0954515		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME39484		Surgery - Opthalmology

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	Dade
City			State	Zip Code

Location where injury occured		Other location where injury occured
Physician's Office
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury
Other		Physician's Office
Date of Occurrence		Date Reported to Insurer
10/20/2017		4/27/2018

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 patientÂ¿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 Suit			Circuit Court Case Number
7/27/2018			18-025455 CA 23
County Suit Filed in			Date of Final Disposition
Dade			2/6/2019
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 Decision			Other
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

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.

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).

Medical Malpractice Cases