Dr. SAMUEL J HESS, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. SAMUEL J HESS, MD

1641 Tamiami Trail, Suite 1

Port Charlotte, FL

33948

Charlotte

Court Case # 10 4758 CA

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201161056
Claim Number :	166713
Date Submitted :	6/21/2012

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type		Entity Name
Entity		PROASSURANCE CASUALTY COMPANY
Street Address
14497 North Dale Mabry Hwy., Suite 115-N
City				State	Zip
Tampa				FL	33618
Phone	Ext	Fax	E-Mail Address
(813) 969 - 2010		(813) 969 - 2120	SNorris@ProAssurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Samuel		J	Hess
Insurer Type		Street Address of Practice
Licensed		1641 Tamiami Trail, Suite 1
City		State	Zip Code	County
Port Charlotte		FL	33948	Charlotte
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP38150		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME93944		Surgery - Orthopedic		00000

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Charlotte
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Location		Insured's fluoroscopy suite
Name of Institution		Code

Location of Institutional Injury		Other Location of Institutional Injury

Date of Occurrence		Date Reported to Insurer
4/25/2008		7/14/2010

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Back pain due to disc fragment at L5-S1, impinging on nerve roots.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Epidural steroid injection.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Alleged failure to timely recognize and treat spinal cord insult post epidural steroid injection, resulting in ongoing sensory and motor deficits in the lower extremities.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
12/9/2010			10 4758 CA
County Suit Filed in			Date of Final Disposition
Charlotte			6/28/2011
Other Defendants Involved in this Claim
Advanced Orthopedic Center of Charlotte County, P.A.
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
7/1/2011

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

$19,905

All Other Loss Adjustment Expense Paid

$6,833

Injured Person's Total Non-Economic Loss

$250,000

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

Insured has discussed case with insurance company personnel, medical experts and defense counsel.

Updates

Date of Change:

6/21/2012 11:25:30 AM

Reason for Change:

State Report updated to reflect additional legal fees and expenses paid.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	12045	19905
All Other Loss Adjustment Expense Paid	3100	6833

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Court Case # 12-1643-CA

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201264652
Claim Number :	171440
Date Submitted :	7/3/2014

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Michelle			Brown
Street Address
100 Brookwood Place
City				State	Zip
Birmingham				AL	35209
Phone	Ext	Fax	E-Mail Address
(205) 802 - 4754			mibrown@proassurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Samuel		J	Hess
Insurer Type		Street Address of Practice
Licensed		1641 Tamiami Trail, Suite 1
City		State	Zip Code	County
Port Charlotte		FL	33948	Charlotte
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP38150		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME93944		Surgery - Orthopedic		00000

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
FAWCETT MEMORIAL HOSPITAL		100236
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
10/25/2010		5/3/2011

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Back pain with degenerative disease and rediculopathy.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Lateral lumbar and interbody fusion.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Nerve damage and lower extremity weakness.
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
6/6/2012			12-1643-CA
County Suit Filed in			Date of Final Disposition
Charlotte			8/7/2012
Other Defendants Involved in this Claim
Advanced Orthopedic Center of Charlotte County
Stage of Legal System at which Settlement was Reached or Award Made
Within 90 days of suit being filed.
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
8/20/2012

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

$9,508

All Other Loss Adjustment Expense Paid

$293

Injured Person's Total Non-Economic Loss

$250,000

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

Insured has discussed case with insurance company personnel, medical expert and defense counsel.

Updates

Date of Change:

12/13/2012 9:50:17 AM

Reason for Change:

ALAE payment increased.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	1078	3768

Date of Change:

2/11/2013 12:19:04 PM

Reason for Change:

Updated increased payment for ALAE.

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	3768	3891

Date of Change:

7/3/2014 11:32:44 AM

Reason for Change:

updated financials

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	113	293
Amount of Loss Adjustment Expense Paid to Defense Counsel	3891	9508

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Court Case #

Indemnity Paid: $240,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201472693
Claim Number :	194018
Date Submitted :	5/12/2016

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Tracy		M	Harris
Street Address
100 Brookwood Place
City				State	Zip
Birmingham				AL	35209
Phone	Ext	Fax	E-Mail Address
(205) 439 - 7932			tharris@proassurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Samuel		J	Hess
Insurer Type		Street Address of Practice
Licensed		1641 Tamiami Trail - Suite 1
City		State	Zip Code	County
Port Charlotte		FL	33948	Charlotte
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP38150		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME93944		Surgery - Orthopedic

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	Charlotte
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
N/A		000000
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
10/7/2011		3/31/2014

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient alleges negligence in the administration of epidural injections resulting in injuries.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient alleges negligence in the administration of epidural injections resulting in injuries.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Patient alleges negligence in the administration of epidural injections resulting in injuries.
Principal Injury Giving Rise To The Claim
permanent spinal damage.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.

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			3/24/2015
Other Defendants Involved in this Claim

Stage of Legal System at which Settlement was Reached or Award Made
Settlement Reached Prior to Pre-Suit Period
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim subject to arbitration, but settlement reached in lieu of award.
Date of Payment
1/22/2015

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

$7,747

All Other Loss Adjustment Expense Paid

$4,322

Injured Person's Total Non-Economic Loss

$240,000

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

Â¿Insured discussed case with defense counsel, insurance personnel, and medical experts.Â¿

Updates

Date of Change:

1/14/2015 2:58:56 PM

Reason for Change:

updated financials

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	3389	4147

Date of Change:

3/26/2015 2:02:37 PM

Reason for Change:

Updated financial information

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	4147	4322
Amount of Loss Adjustment Expense Paid to Defense Counsel	5755	7590

Date of Change:

4/2/2015 4:49:11 PM

Reason for Change:

Changes Made

Field Changed	Former Value	New Value
Final Diagnosis	Back pain due to facet arthropathy and significant foraminal compression with disc bulging.	Patient alleges negligence in the administration of epidural injections resulting in injuries.
Severity of Injury	Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed.	Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.
Location of Institutional Injury	Operating Suite	Patients' Room
Principal Injury	Bilateral leg weakness.footdrop	permanent spinal damage.
Misdiagnosis		Patient alleges negligence in the administration of epidural injections resulting in injuries.
Amount of Loss Adjustment Expense Paid to Defense Counsel	7590	1191146
Insured Address Street	1641 Tamiami Trail, Suite 1	1641 Tamiami Trail - Suite 1
Date of Final Disposition	13-NOV-14	24-MAR-15
Arbitration	Claim not subject to Arbitration.	Claim subject to arbitration, but settlement reached in lieu of award.
Legal System Stage	Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).	Settlement Reached Prior to Pre-Suit Period
Cause of Injury	Epidural steroid injections.	Patient alleges negligence in the administration of epidural injections resulting in injuries.
All Other Loss Adjustment Expense Paid	4322	432196
Name of Institution	FAWCETT MEMORIAL HOSPITAL	N/A
Safety Management Steps Taken	Insured discussed case with defense counsel, insurance personnel, and medical experts.	Â¿Insured discussed case with defense counsel, insurance personnel, and medical experts.Â¿

Date of Change:

5/12/2016 4:22:38 PM

Reason for Change:

Updated legal fees and non economic loss information.

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	432196	4322
Injured Person Total Non-Economic Loss	0	240000
Amount of Loss Adjustment Expense Paid to Defense Counsel	1191146	7747

*NR: Prior to 04/28/1999 this field was not required in submitted claims.

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Court Case # 13-002153-CA

Indemnity Paid: $95,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201678053
Claim Number :	175497
Date Submitted :	10/7/2016

Insurer Information

Insurer Name				Coverage Type
PROASSURANCE CASUALTY COMPANY				Primary
Insurer FEIN		Professional License Number
38-2317569
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Denise			Stokes
Street Address
100 Brookwood Place
City				State	Zip
Birmingham				AL	35209
Phone	Ext	Fax	E-Mail Address
(205) 802 - 4790			dstokes@proassurance.com

Insured Information

Type	First Name		MI	Last Name
Individual	Samuel		J	Hess
Insurer Type		Street Address of Practice
Licensed		1641 Tamiami Trail, Suite 1
City		State	Zip Code	County
Port Charlotte		FL	33948	Charlotte
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
MP38150		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME93944		Surgery - Orthopedic

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	Charlotte
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
FAWCETT MEMORIAL HOSPITAL		100236
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
8/8/2011		1/9/2012

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Back pain with radiation, degenerative disc disease with severe disc collapse.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Transforaminal interbody fusion and posteriorlateral fusion and instrumentation.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Does not apply.
Principal Injury Giving Rise To The Claim
Unstable gait and cognitive changes.
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
8/20/2013			13-002153-CA
County Suit Filed in			Date of Final Disposition
Charlotte			4/18/2016
Other Defendants Involved in this Claim
Fawcett Memorial Hospital MUPPAVARAPU, SWAROOP Raider, Andrew L Advanced Orthopedic Center of Charlotte County Gebauer, Gregory P Hess, Samuel J
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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$95,000

Loss Adjust Expense Paid to Defense Counsel

$40,838

All Other Loss Adjustment Expense Paid

$14,319

Injured Person's Total Non-Economic Loss

$95,000

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

Insured discussed case with defense consel, insurance personnel, and medical experts.

Updates

Date of Change:

5/5/2016 1:39:36 PM

Reason for Change:

Updated diagnostic information.

Field Changed	Former Value	New Value
Cause of Injury	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.	Transforaminal interbody fusion and posteriorlateral fusion and instrumentation.
Misdiagnosis	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.	Does not apply.
Principal Injury	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.	Unstable gait and cognitive changes.
Final Diagnosis	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.	Back pain with radiation, degenerative disc disease with severe disc collapse.

Date of Change:

5/12/2016 4:15:32 PM

Reason for Change:

Updated indemnity amount.

Field Changed	Former Value	New Value
Settlement Reached	0	1
Injured Person Total Non-Economic Loss	0	95000
Final Diagnosis	Back pain with radiation, degenerative disc disease with severe disc collapse.	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.
Cause of Injury	Transforaminal interbody fusion and posteriorlateral fusion and instrumentation.	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.
Indemnity Paid	0	95000
Principal Injury	Unstable gait and cognitive changes.	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.
Misdiagnosis	Does not apply.	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.

Date of Change:

6/2/2016 1:44:07 PM

Reason for Change:

updated ALAE amounts

Field Changed	Former Value	New Value
All Other Loss Adjustment Expense Paid	12283	14319
Cause of Injury	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.	Transforaminal interbody fusion and posteriorlateral fusion and instrumentation.
Final Diagnosis	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.	Back pain with radiation, degenerative disc disease with severe disc collapse.
Principal Injury	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.	Unstable gait and cognitive changes.
Misdiagnosis	Alleged perforation of rt iliac artery during lumbar discectomy and failure to recognize and treat resulting complications.	Does not apply.
Amount of Loss Adjustment Expense Paid to Defense Counsel	35223	38160

Date of Change:

7/13/2016 4:12:44 PM

Reason for Change:

updated ALAE amounts

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	38160	40486

Date of Change:

10/7/2016 11:19:26 AM

Reason for Change:

updated ALAE information

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	40486	40838

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Frequently Asked Questions

Does Dr. SAMUEL J HESS, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. SAMUEL J HESS, MD has at least 4 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases