Dr. THOMAS KOWALSKY, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address

Dr. THOMAS KOWALSKY, MD

21 Barkley Circle

Fort Myers, FL

33907

Lee

Court Case # 07-CA-006902

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M200955570
Claim Number :	34521-04
Date Submitted :	11/24/2009

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Odessa			Choice
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3045	(904) 358 - 6728	odessa.choice@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	THOMAS			KOWALSKY
Insurer Type		Street Address of Practice
Licensed		21 Barkley Circle
City		State	Zip Code	County
Fort Myers		FL	33907	Lee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
8085		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME48210		Surgery - General		80143

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

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

Location where injury occured		Other location where injury occured
Hospital Inpatient Facility
Name of Institution		Code
LEE MEMORIAL HOSPITAL-HEALTHPARK		120005
Location of Institutional Injury		Other Location of Institutional Injury
Patients' Room
Date of Occurrence		Date Reported to Insurer
12/24/2004		2/12/2007

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Distended atonic colon.Recurrent obstructive diverticulitis with massive distension.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Subtotal colectomy with ileostomy with partial omentectomy.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.Delay in surgery.
Principal Injury Giving Rise To The Claim
Colon perforation; peritonitis, ischemia and gangrenous colon; ARDS, kidney failure.
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
9/12/2007			07-CA-006902
County Suit Filed in			Date of Final Disposition
Lee			11/3/2009
Other Defendants Involved in this Claim
Kammerlocher, M.D., Thad Herrera, M.D., Juan Penuel, M.D., James Digestive Health Physicians Lee Memorial Hospital-Health Park
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
11/3/2009

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

$48,235

All Other Loss Adjustment Expense Paid

$987

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

Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.

Updates

No updates found.

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Court Case # 09-CA-002780

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

Department File Number :	M201263404
Claim Number :	37735-01
Date Submitted :	4/2/2012

Insurer Information

Insurer Name				Coverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INC				Primary
Insurer FEIN		Professional License Number
59-6614702
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Odessa			Choice
Street Address
1000 Riverside Avenue, Suite 800
City				State	Zip
Jacksonville				FL	32204
Phone	Ext	Fax	E-Mail Address
(800) 741 - 3742	3045	(904) 358 - 6728	odessa.choice@fpic.com

Insured Information

Type	First Name		MI	Last Name
Individual	Thomas			Kowalsky
Insurer Type		Street Address of Practice
Licensed		21 Barkley Circle
City		State	Zip Code	County
Fort Myers		FL	33907	Lee
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
08085		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME48210		Surgery - General		80143

Medical Malpractice Closed Claims Report

Injured Person Information

First Name	MI	Last Name		Date of Birth

Street Address			Gender	County where Injury Occurred
			M	Lee
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

Date of Occurrence		Date Reported to Insurer
6/19/2007		10/7/2008

Diagnostic Information

Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Splenectomy for idiopathic thrombocytopenic purpura.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laparoscopic splenectomy and liver biopsy and abdominal exploration.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged delay in diagnosis.
Principal Injury Giving Rise To The Claim
Viscus perforation and bowel resection and temporary colostomy.
Severity Of Injury
Temporary: Major - Burns, surgical material left, drug side effect, brain damage.Recovery delayed.

Medical Malpractice Closed Claims Report

Legal Information

Date of Suit			Circuit Court Case Number
7/7/2009			09-CA-002780
County Suit Filed in			Date of Final Disposition
Lee			3/13/2012
Other Defendants Involved in this Claim
21st Century Oncology, 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
3/13/2012

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

$73,294

All Other Loss Adjustment Expense Paid

$47,715

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

Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.

Updates

No updates found.

This page is not displaying certain sensitive information.

Frequently Asked Questions

Does Dr. THOMAS KOWALSKY, MD have any medical malpractice cases, lawsuits, or complaints?

Dr. THOMAS KOWALSKY, MD has at least 2 medical malpractice case(s), lawsuit(s), or complaint(s).