Medical Malpractice Cases

Dr. THOMAS M KERR, MD Medical Malpractice Cases, Lawsuits, and Complaints

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Phycicians Practice Address
Dr. THOMAS M KERR, MD
2809 West Waters Avenue
US

Court Case # 03-11167

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201057326
Claim Number :P-03-61-0031
Date Submitted :5/28/2010
 
Insurer Information
 
Insurer NameCoverage Type
LEXINGTON INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
25-1149494 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCecilia Sala
Street Address
4211 West Boy Scout Blvd., Ste. 160
CityStateZip
TampaFL33607
PhoneExtFaxE-Mail Address
(813) 874 - 0768 (813) 874 - 0710cecilia.sala@baycare.org
 
Insured Information
 
TypeFirst NameMILast Name
IndividualThomasMKerr
Insurer TypeStreet Address of Practice
Licensed2809 West Waters Avenue
CityStateZip CodeCounty
TampaFL33614Hillsborough
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
031-0352$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME61567Surgery - General 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FHillsborough
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
SAINT JOSEPH'S HOSPITAL100075
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
3/7/20037/18/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient was admitted via ER dept. post outpatient sclerotherapy treatments for varicose veins from treatment center unaffiliated with subject.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The subject physician's care of this patient consisted of a second opinion on the first hospital day concurring with the attending physician's treatment plan and a brief follow-up visit two days later.Patient treatment plan included anticoagulation, IV antibiotics, and pain management.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Claim alleges delay in performing fasciotomies for a right lower leg compartment syndrome contributed to irreversible vascular injury of right leg.
Principal Injury Giving Rise To The Claim
Patient underwent amputation by others of right leg due to functional and organic defects.
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 SuitCircuit Court Case Number
12/1/200303-11167
County Suit Filed inDate of Final Disposition
Hillsborough4/15/2010
Other Defendants Involved in this Claim
Ailes, Robert J
Ideal Image, Inc.
St. Joseph's Specialty Services
St. Joseph's Hospital
BayCare Health System
Pharmaceutical Specialties, Inc.
Haslup, Forrest C
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/19/2010
 
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$102,597
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Defense counsel discussed claim with physician.
 
Updates
 
 
Date of Change:5/28/2010 12:50:57 PM
Reason for Change:Changes requested to report re diagnosis and cause of injury.
 
Field ChangedFormer ValueNew Value
Cause of InjuryPatient treatment plan included anticoagulation, IV antibiotics, and pain management.The subject physician's care of this patient consisted of a second opinion on the first hospital day concurring with the attending physician's treatment plan and a brief follow-up visit two days later.Patient treatment plan included anticoagulation, IV antibiotics, and pain management.
Principal InjuryPatient underwent amputation of right leg due to functional and organic defects.Patient underwent amputation by others of right leg due to functional and organic defects.
Final DiagnosisPatient was admitted via ER dept. post outpatient sclerotherapy treatments for varicose veins from unaffiliated treatment center.Patient was admitted via ER dept. post outpatient sclerotherapy treatments for varicose veins from treatment center unaffiliated with subject.

 

 

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