Dr. STUART A GOLDSMITH, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. STUART A GOLDSMITH, MD

615 Vonderburg Drive

Brandon, FL

33511

Hillsborough

Court Case #

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201989559
Claim Number :	377752
Date Submitted :	8/7/2019

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	Stuart		A	Goldsmith
Insurer Type		Street Address of Practice
Licensed		615 Vonderburg Drive
City		State	Zip Code	County
Brandon		FL	33511	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1253339		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME30636		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	Hillsborough
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
9/1/2016		11/26/2018

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Degenerative joint disease of the right knee with joint instability.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Right total knee replacement.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Aseptic loosening of the knee prosthesis revision procedure.
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
			*NR
County Suit Filed in			Date of Final Disposition
*NR			7/29/2019
Other Defendants Involved in this Claim
Orthopaedic Medical Group of Tampa Bay
Stage of Legal System at which Settlement was Reached or Award Made
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).
Final Method of Claim Disposition
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
7/29/2019

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

$6,789

All Other Loss Adjustment Expense Paid

$2,762

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 # 07-015170

Indemnity Paid: $225,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200953402
Claim Number :	1001121
Date Submitted :	9/3/2009

Insurer Information

Insurer Name				Coverage Type
FLORIDA MEDICAL MALPRACTICE JUA				Primary
Insurer FEIN		Professional License Number
59-1625412
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	SUSAN			SPIELMAN
Street Address
5814 Reed Street
City				State	Zip
Fort Wayne				IN	46835
Phone	Ext	Fax	E-Mail Address
(260) 486 - 0340		(260) 486 - 0782	SUSAN.SPIELMAN@MEDPRO.COM

Insured Information

Type	First Name		MI	Last Name
Individual	Stuart		A	Goldsmith
Insurer Type		Street Address of Practice
Licensed		615 Vonderburg Drive
City		State	Zip Code	County
Brandon		FL	33511	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
FL003239		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME30636		Surgery - Orthopedic

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			F	Hillsborough
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
Patients' Room
Date of Occurrence		Date Reported to Insurer
1/10/2003		5/2/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Non-union of right humerus fracture
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Surgical repair and follow-up treatment
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Inappropriate surgical technique and concealment of nerve injury
Principal Injury Giving Rise To The Claim
Loss of function of lower right arm and wrist
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
11/19/2007			07-015170
County Suit Filed in			Date of Final Disposition
Hillsborough			4/22/2009
Other Defendants Involved in this Claim
Orthopaedic Medical Group of Tampa Bay, 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
Settled by parties
Court Decision			Other
No Court Proceedings.
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/17/2009

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$225,000

Loss Adjust Expense Paid to Defense Counsel

$40,716

All Other Loss Adjustment Expense Paid

$22,174

Injured Person's Total Non-Economic Loss

$160,000

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

N/A

Updates

Date of Change:

9/3/2009 10:52:14 AM

Reason for Change:

Update ALE

Field Changed	Former Value	New Value
Amount of Loss Adjustment Expense Paid to Defense Counsel	32036	40716
All Other Loss Adjustment Expense Paid	17795	22174

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Court Case # 16-CA-008100

Indemnity Paid: $99,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201783900
Claim Number :	45536-1
Date Submitted :	12/21/2017

Insurer Information

Insurer Name				Coverage Type
LANCET INDEMNITY RISK RETENTION GROUP INC.				Primary
Insurer FEIN		Professional License Number
26-1479165
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Christopher			Teter
Street Address
2810 West St. Isabel Street Suite 100
City				State	Zip
Tampa				FL	33602
Phone	Ext	Fax	E-Mail Address
(813) 290 - 8282	265		cteter@lancetindemnity.com

Insured Information

Type	First Name		MI	Last Name
Individual	Stuart			Goldsmith
Insurer Type		Street Address of Practice
Licensed		615 VONDERBURG DR
City		State	Zip Code	County
Brandon		FL	33511	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
LR09090300032		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME30636		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	Hillsborough
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
SOUTH FLORIDA BAPTIST HOSPITAL		100132
Location of Institutional Injury		Other Location of Institutional Injury
Recovery Room
Date of Occurrence		Date Reported to Insurer
5/23/2014		10/23/2015

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Treatment was sought for left knee issue.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
A total left knee replacement was performed.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Alleged failure to diagnose an infection post left knee replacement.
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
9/22/2016			16-CA-008100
County Suit Filed in			Date of Final Disposition
Hillsborough			11/22/2017
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
11/22/2017

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$99,000

Loss Adjust Expense Paid to Defense Counsel

All Other Loss Adjustment Expense Paid

$41,718

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	$99,000	$0

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

Insurer is unaware of what steps have been taken.

Updates

No updates found.

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

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Court Case # 2016-CA-007823

Indemnity Paid: $60,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201987688
Claim Number :	LRRG-SG-16-387622
Date Submitted :	1/23/2019

Insurer Information

Insurer Name				Coverage Type
LANCET INDEMNITY RISK RETENTION GROUP INC.				Primary
Insurer FEIN		Professional License Number
26-1479165
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Kathy		A	Stockton
Street Address
1900 W. LOOP S., STE. 1500
City				State	Zip
Houston				TX	77027
Phone	Ext	Fax	E-Mail Address
(713) 935 - 2404		(713) 461 - 8130	kathy_stockton@westernlitigation.com

Insured Information

Type	First Name		MI	Last Name
Individual	STUART			GOLDSMITH
Insurer Type		Street Address of Practice
Licensed		1605 MAIN STREET
City		State	Zip Code	County
Sarasota		FL	34236	Polk
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
LR09090300032		$250,000		$750,000
Profession or Business			Other Profession or Business
Osteopathic Physician
License Number		Specialty Code & Classification		Certification Number
ME30636		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	Polk
City			State	Zip Code

Location where injury occured		Other location where injury occured
Other Outpatient Facility		ORTHOPEDIC MEDICAL GROUP OF TAMPA BAY
Name of Institution		Code
N/A		000000
Location of Institutional Injury		Other Location of Institutional Injury
Special Procedure Room
Date of Occurrence		Date Reported to Insurer
12/20/2013		3/30/2016

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
FRACTURE OF RIGHT DISTAL RADIAL STYLOI FRACTURE
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ALLEGED IMPROPER PERFORMANCE OF AN INCOMPLETE AND NON-ANATOMIC REDUCTION OF RIGHT DISTAL RADIAL STYLOI FRACTURE.
Principal Injury Giving Rise To The Claim
ADDITIONAL TREATMENT
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
9/20/2016			2016-CA-007823
County Suit Filed in			Date of Final Disposition
Hillsborough			1/23/2019
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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment
12/20/2018

Financial Information

Was there a settlement Resulting in payment to the Plaintiff?

Yes

Indemnity Paid by Insurer on behalf of Insured

$60,000

Loss Adjust Expense Paid to Defense Counsel

$43,305

All Other Loss Adjustment Expense Paid

$581

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

UNKNOWN

Updates

No updates found.

Court Case #

Indemnity Paid: $0.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

Department File Number :	M201680360
Claim Number :	346864
Date Submitted :	11/18/2016

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	Stuart			Goldsmith
Insurer Type		Street Address of Practice
Licensed		615 Vonderburg Drive
City		State	Zip Code	County
Brandon		FL	33511	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
1253339		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME30636		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	Hillsborough
City			State	Zip Code

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
SOUTH FLORIDA BAPTIST HOSPITAL		100132
Location of Institutional Injury		Other Location of Institutional Injury
Operating Suite
Date of Occurrence		Date Reported to Insurer
8/14/2014		8/23/2016

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Severe Osteoarthritis of the right knee.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Total knee replacement.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient claims that implanted prosthesis was subject to a recall and requires removal and replacement. There is no evidence that the implanted device has been recalled.
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
			*NR
County Suit Filed in			Date of Final Disposition
*NR			10/28/2016
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
Dropped before Action Filed
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

$7,579

All Other Loss Adjustment Expense Paid

$672

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. STUART A GOLDSMITH, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. STUART A GOLDSMITH, MD has at least 5 medical malpractice case(s), lawsuit(s), or complaint(s).

Medical Malpractice Cases