| Department File Number : | M201576224 |
| Claim Number : | SM270740 |
| Date Submitted : | 11/2/2015 |
| Insurer Information | |||||
| Insurer Name | Coverage Type | ||||
| EVANSTON INSURANCE COMPANY | Primary | ||||
| Insurer FEIN | Professional License Number | ||||
| 36-2950161 | |||||
| Insurer Contact Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | Dion | L | Bradford | ||
| Street Address | |||||
| 4600 Cox Road | |||||
| City | State | Zip | |||
| Glen Allen | VA | 23060 | |||
| Phone | Ext | Fax | E-Mail Address | ||
| (804) 217 - 8816 | (855) 662 - 7535 | dbradford@markelcorp.com | |||
| Insured Information | |||||
| Type | First Name | MI | Last Name | ||
| Individual | TARA | A | KELLY | ||
| Insurer Type | Street Address of Practice | ||||
| Licensed | 4430 SHERIDAN ST. | ||||
| City | State | Zip Code | County | ||
| HOLLYWOOD | FL | 33021 | Broward | ||
| Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
| SM889847 | $250,000 | $750,000 | |||
| Profession or Business | Other Profession or Business | ||||
| Other | ADV REG NURSE PRACTITIONER | ||||
| License Number | Specialty Code & Classification | Certification Number | |||
| ARNP2170262 | |||||
| Injured Person Information | |||||
| First Name | MI | Last Name | Date of Birth | ||
| Street Address | Gender | County where Injury Occurred | |||
| M | Broward | ||||
| City | State | Zip Code | |||
| Location where injury occured | Other location where injury occured | ||||
| Other Hospital/Institution | HOLLYWOOD PEDIATRICS | ||||
| Name of Institution | Code | ||||
| Location of Institutional Injury | Other Location of Institutional Injury | ||||
| Radiology, Emergency Room | |||||
| Date of Occurrence | Date Reported to Insurer | ||||
| 8/24/2012 | 4/25/2014 | ||||
| Diagnostic Information | |||||
| Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
| THE CLAIMANT, A SIX YEAR OLD GIRL THROUGH HER PARENTS, ON AUGUST 24, 2012 AFTER A 5 TO 7 DAY HISTORY OF BACK PAIN IN THE MID-LUMBAR REGION WHICH RESULTED IN AN EMERGENCY ROOM VISIT THE DAY PRIOR TO BEING SEEN BY OUR INSURED. | |||||
| Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
| THE FIRST TIME THE CHILD WAS SEEN BY TARA KELLY, ARNP, WAS ON AUGUST 24, 2012. AT THAT TIME, THE CHILD HAD A TEMPERATURE OF 99.3. SHE HAD NO PAIN ON URINATION OR INCREASED URINATION. THE CHIEF COMPLAINT MADE BY THE FATHER WAS BACK PAIN FOR 4-5 DAYS. THE AREA OF PAIN WAS MID-LUMBAR REGION AND WAS DESCRIBED AS GETTING WORSE AND WAKING HER AT NIGHT. NURSE KELLY¿S PHYSICAL EXAM REVEALED A SUPPLE NECK, CLEAR LUNGS, SOFT ABDOMEN, NO PAIN ON PALPATING THE BACK, THROAT AND TUMPANIC MEMBRANES WERE NORMAL. NURSE KELLY¿S IMPRESSION INCLUDED BACK PAIN AND SHE REFERRED THE FAMILY TO THE ORTHOPEDIC SURGEON AND ORDERED A URINALYSIS AND URINE CULTURE. THE CULTURE WAS NEGATIVE, AND SHE WROTE A PRESCRIPTION TO SEE THE ORTHOPEDIST. ON AUGUST 29, 2012, THE PATIENT WAS SEEN BY ANOTHER DOCTOR COMPLAINING OF BACK PAIN ONCE AGAIN. THE DOCTOR¿S PHYSICAL EXAMINATION REVEALED POSITIVE TENDERNESS IN THE LUMBOSACRAL PARASPINAL MUSCLES, BUT NO FLANK PAIN. HER IMPRESSION INCLUDED BACK PAIN AND CONSTIPATION, BASED ON THE HISTORY OF HARD BOWEL MOVEMENTS AND HISTORY GIVEN IN THE ER. THE DOCTOR¿S PLAN INCLUDED A URINALYSIS SPECIALIST DUE TO THE CHILD¿S HISTORY OF WAKENING AT NIGHT IN EXTRAORDINARY PAIN. THE PATIENT WAS REFERRED THE CHILD FOR A RENAL ULTRASOUND AND NOTED HER BLADDER WAS DISTENDED. SHE CONSIDERED A KIDNEY STONE. ON SEPTEMBER 3, 2012, THE PATIENT REPORTED TO THE ER AT A HOSPITAL IN HOLLYWOOD WITH INCREASED WEAKNESS IN HER LOWER ETREMITIES. SHE HAD BEEN UNABLE TO LAY DOWN FOR THE PAST FEW DAYS. THE ER DOCTOR NOTED HYPERREFLEXIA IN HER LOWER EXTREMITIES AND AN ATAXIC GAIN. A MRI REVEALED A SIGNFICANT INTRACANAL MASS FROM T6 TO T11, COMPRESSING THE SPINAL CORD. THE PATIENT UNDERWENT A RESECTION OF THE MASS AND A DECOMPRESSION OF THE SPINAL COLUMN. PATHOLOGY DIAGNOSED STAGE III BURKITT¿S LYMPHOMA. THEREAFTER, SHE RECEIVED INTRATHECAL CHEMOTHERAPY. THE PATIENT RECEIVED PT FOR SPINAL RESTORATION IN 2014, AND SHE IS LEARNING TO SELF-CATHETERIZE. | |||||
| Diagnostic Code : | |||||
| Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
| THE ALLEGATION IS A FAILURE TO DIAGNOSE THORACIC SPINAL TUMOR. | |||||
| Principal Injury Giving Rise To The Claim | |||||
| THE PLATINFF¿S ARE ALLEGING FAILURE OF THE INSURED, TARA ANN KELLY, ARNP TO DIAGNOSE THORACIC SPINAL TUMOR IN 6 YEAR OLD MINOR DURING VISIT OF AUGUST 14, 2012. ON SEPTEMBER 3, 2014 MRI NOTED EPIDURAL MASS FRO T7-T11 WITH CORD COMPRESSION FROM T7-10. THE ALLEGATIONS AGAINST NURSE KELLY INCLUDE FAILURE TO RECOGNIZE THE CHILD¿S HISTORY OF PERSISTENT BACK PAIN AS AN EMERGENT CONDITION; FAILURE TO MAKE AN ORTHOPEDICS APPOINTMENT FOR THE CLAIMANT CHILD; AND FAILURE TO FOLLOW-UP WITH THE PARENTS TO ASSUE THAT THE ORTHOPEDIC APPOINTMENT WAS MADE. PLAINTIFF¿S ASSERT THAT CLAIMANT CHILD SHOULD HAVE IMMEDIATELY SENT THE CHILD FOR A SPINAL SERIES OF X-RAYS AND POSSIBLE MRI, AS WELL AS BASIC LABS. ADDITIONALLY, THE PLAINTIFF ASSERTS THAT AN ABDOMINAL AND PELVIC ULTRASOUND SHOULD HAVE BEEN CONSIDERED. | |||||
| Severity Of Injury | |||||
| Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage. | |||||
| Legal Information | |||||
| Date of Suit | Circuit Court Case Number | ||||
| *NR | |||||
| County Suit Filed in | Date of Final Disposition | ||||
| *NR | 12/1/2014 | ||||
| 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 not subject to Arbitration. | |||||
| Date of Payment | |||||
| 12/23/2014 | |||||
| Financial Information | |||||||||||||||||||||
| Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
| Indemnity Paid by Insurer on behalf of Insured | $200,000 | ||||||||||||||||||||
| Loss Adjust Expense Paid to Defense Counsel | $44,999 | ||||||||||||||||||||
| All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
| Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
| Deductible | $1,000 | ||||||||||||||||||||
| Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
| Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
| NONE | |||||||||||||||||||||
| 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.
Does Dr. TARA A KELLY, MD have any medical malpractice cases, lawsuits, or complaints?
Dr. TARA A KELLY, MD has at least 1 medical malpractice case(s), lawsuit(s), or complaint(s).