Medical Malpractice Cases

Medical Malpractice Cases In Alachua County Florida

Dr. JEAN COOK Medical Malpractice Lawsuits - Court Case # 01-05CA4991

Indemnity Paid: $2,317,500.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200850543
Claim Number :32578-02
Date Submitted :8/19/2008
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualOdessa Choice
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423045(904) 358 - 6728odessa.choice@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJean Cook
Insurer TypeStreet Address of Practice
Licensed6440 W Newberry Road, Ste 508
CityStateZip CodeCounty
GainesvilleFL32605Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
98217$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME47540Surgery - Obstetrics - Gynecology80153

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
3/20/20038/26/2005
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient was evaluated for irregular menses and diagnosed with endometrial and ovarian cancer.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient evaluated in the physician's office.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Allegations of failing to timely diagnose the patient's endometrial cancer, even though medical records indicate the patient was diagnosed with an aggressive primary ovarian cancer.
Principal Injury Giving Rise To The Claim
Death of this 53 year old married female.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/28/200501-05CA4991
County Suit Filed inDate of Final Disposition
Alachua7/24/2008
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
After notice of appeal is filed or post judgment relief of action is required for recovery.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
7/24/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$2,317,500
Loss Adjust Expense Paid to Defense Counsel$210,987
All Other Loss Adjustment Expense Paid$208,291
Injured Person's Total Non-Economic Loss$2,317,500
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
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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Dr. LARRY A BAKER Medical Malpractice Lawsuits - Court Case # 1:04cv29 SPM

Indemnity Paid: $1,200,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200538826
Claim Number :ASG-SIR02-0287-LB
Date Submitted :12/13/2005
 
Insurer Information
 
Insurer NameCoverage Type
LEXINGTON INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
25-1149494 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualRoy Higdon
Street Address
9821 Katy Freeway, Suite 600
CityStateZip
HoustonTX77024
PhoneExtFaxE-Mail Address
(713) 935 - 88928892(713) 243 - 7311roy_higdon@ajg.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualLarryABaker
Insurer TypeStreet Address of Practice
Licensed1 Harbor Way
CityStateZip CodeCounty
MiltonWV25541Out of state
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
680-1364$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
OS7147Family Physicians or General Practitioners - Minor Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Prison 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherPrison
Date of OccurrenceDate Reported to Insurer
5/29/20012/18/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Failure to treat head injury resulting in emergency neurosurgical intervention.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Failure to treat head injury resulting in emergency neurosurgical intervention.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis noted.
Principal Injury Giving Rise To The Claim
Failure to treat head injury resulting in emergency neurosurgical intervention.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
6/28/20021:04cv29 SPM
County Suit Filed inDate of Final Disposition
Alachua12/14/2004
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 DecisionOther
OtherSettled
Arbitration
Claim subject to arbitration, but settlement reached in lieu of award.
Date of Payment
10/13/2004
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,200,000
Loss Adjust Expense Paid to Defense Counsel$353,391
All Other Loss Adjustment Expense Paid$8,831
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
Unknown
 
Updates
 
No updates found.

 

 

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Dr. SU-MIN OON Medical Malpractice Lawsuits - Court Case # 01-2013-CA-003035

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201575939
Claim Number : 312263
Date Submitted : 10/1/2015
 
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 AUDRA M FLOYD
Street Address
13450 WEST SUNRISE BLVD
City State Zip
SUNRISE FL 33323
Phone Ext Fax E-Mail Address
(877) 320 - 0748 3111 (866) 636 - 5421 afloyd@thedoctors.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualSu-Min Oon
Insurer TypeStreet Address of Practice
Licensed5745 S.W. 75th Street, #159
CityStateZip CodeCounty
GainesvilleFL32608Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0933428$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME76691Anesthesiology 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
NORTH FLORIDA REGIONAL MEDICAL CENTER100204
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
2/2/201211/12/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented for a lap band bariatric procedure.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Lap band bariatric procedure.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged esophageal tear during placement of lap band resulting in patient's death.
Principal Injury Giving Rise To The Claim
Death
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
7/28/201401-2013-CA-003035
County Suit Filed inDate of Final Disposition
Alachua9/19/2015
Other Defendants Involved in this Claim
Rose, MD, Jeffrey L
North Florida Regional Medical Center
Surgical Group of Gainesville, 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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
 
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$53,000
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$1,000,000
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
Unknown.
 
Updates
 
No updates found.

 

 

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Dr. BRIAN L WERBEL Medical Malpractice Lawsuits - Court Case # 2015-CA-004503

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201782793
Claim Number : 53685
Date Submitted : 8/11/2017
 
Insurer Information
 
Insurer Name Coverage Type
MAG MUTUAL INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
58-1449198  
Insurer Contact Information
Type Entity Name
Entity MAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
City State Zip
Orlando FL 32819
Phone Ext Fax E-Mail Address
(407) 370 - 3813   (407) 370 - 2247 ctschanz@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrianLWerbel
Insurer TypeStreet Address of Practice
Licensed3830 SW 92nd Dr.
CityStateZip CodeCounty
GainesvilleFL32608Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1602859 04$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME93739Cardiovascular Disease - Minor Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
NORTH FLORIDA REGIONAL MEDICAL CENTER100204
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
9/4/20134/1/2015
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Endocarditis
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
No iatrogenic injury
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged delay in diagnosis and treatment of endocarditis
Principal Injury Giving Rise To The Claim
Mycotic aneurysm
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/18/20152015-CA-004503
County Suit Filed inDate of Final Disposition
Alachua7/20/2017
Other Defendants Involved in this Claim
Uy, MD, Clarence N
Wilson, MD, Charles S
Zentko, MD, Suzanne E
Farnham, ARNP, Genevieve K
Patterson, ARNP, Joy
North Florida Regional Medical Center
Gainesville Emergency Medicine Assoc.
Hospital Internal Medicine
Cardiac & Vascular Institute
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
7/20/2017
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$34,967
All Other Loss Adjustment Expense Paid$17,765
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$1,200,000$0
Wage Loss$0$242,000
Other Expenses$17,000$1,600,000
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
No updates found.

 

 

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Dr. SUZANNE E ZENTKO Medical Malpractice Lawsuits - Court Case # 2015-CA-004503

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201782794
Claim Number : 53686
Date Submitted : 8/11/2017
 
Insurer Information
 
Insurer Name Coverage Type
MAG MUTUAL INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
58-1449198  
Insurer Contact Information
Type Entity Name
Entity MAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
City State Zip
Orlando FL 32819
Phone Ext Fax E-Mail Address
(407) 370 - 3813   (407) 370 - 2247 ctschanz@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualSuzanneEZentko
Insurer TypeStreet Address of Practice
Licensed325 Turkey Creek
CityStateZip CodeCounty
AlachuaFL32615Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1602859 04$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME108005Cardiovascular Disease - Minor Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
NORTH FLORIDA REGIONAL MEDICAL CENTER100204
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
9/4/20134/1/2015
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Endocarditis
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
No iatrogenic injury
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged delay in diagnosis and treatment of endocarditis
Principal Injury Giving Rise To The Claim
Mycotic aneurysm
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/18/20152015-CA-004503
County Suit Filed inDate of Final Disposition
Alachua7/20/2017
Other Defendants Involved in this Claim
Uy, MD, Clarence N
Wilson, MD, Charles S
Werbel, MD, Brian L
Farnham, ARNP, Genevieve K
Patterson, ARNP, Joy
North Florida Regional Medical Center
Gainesville Emergency Medicine Assoc.
Hospital Internal Medicine
Cardiac & Vascular Institute
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
7/20/2017
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$34,139
All Other Loss Adjustment Expense Paid$17,311
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$1,200,000$0
Wage Loss$0$242,000
Other Expenses$17,000$1,600,000
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
No updates found.

 

 

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Dr. GENEVIEVE K FARNHAM Medical Malpractice Lawsuits - Court Case # 2015-CA-004503

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201782795
Claim Number : 53764
Date Submitted : 8/11/2017
 
Insurer Information
 
Insurer Name Coverage Type
MAG MUTUAL INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
58-1449198  
Insurer Contact Information
Type Entity Name
Entity MAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
City State Zip
Orlando FL 32819
Phone Ext Fax E-Mail Address
(407) 370 - 3813   (407) 370 - 2247 ctschanz@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualGenevieveKFarnham
Insurer TypeStreet Address of Practice
Licensed4645 NW 8th Ave.
CityStateZip CodeCounty
GainesvilleFL32605Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1602859 04$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Registered Nurse 
License NumberSpecialty Code & ClassificationCertification Number
ARNP9352142Cardiovascular Disease - No Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
NORTH FLORIDA REGIONAL MEDICAL CENTER100204
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
9/4/20134/1/2015
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Endocarditis
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
No iatrogenic injury
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged delay in diagnosis and treatment of endocarditis
Principal Injury Giving Rise To The Claim
Mycotic aneurysm
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/18/20152015-CA-004503
County Suit Filed inDate of Final Disposition
Alachua7/20/2017
Other Defendants Involved in this Claim
Uy, MD, Clarence N
Wilson, MD, Charles S
Werbel, MD, Brian L
Zentko, MD, Suzanne E
Patterson, ARNP, Joy
North Florida Regional Medical Center
Gainesville Emergency Medical Assoc
Hospital Internal Medicine
Cardiac & Vascular Institute
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
7/20/2017
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$0
All Other Loss Adjustment Expense Paid$1,105
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$1,200,000$0
Wage Loss$0$242,000
Other Expenses$17,000$1,600,000
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
No updates found.

 

 

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Dr. PETER I ACS Medical Malpractice Lawsuits - Court Case # 2018-CA-000819

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201989413
Claim Number : 1026622-01
Date Submitted : 2/14/2020
 
Insurer Information
 
Insurer Name Coverage Type
MEDICAL PROTECTIVE COMPANY (THE) Primary
Insurer FEIN Professional License Number
35-0506406  
Insurer Contact Information
Type First Name MI Last Name
Individual Lynn Louthan
Street Address
5814 Reed Road
City State Zip
Ft Wayne IN 46835
Phone Ext Fax E-Mail Address
(260) 486 - 0778     reportaclaim@medpro.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualPeterIAcs
Insurer TypeStreet Address of Practice
Licensed4371 Veronica S Shoemaker Blvd
CityStateZip CodeCounty
Fort MyersFL33916Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
768101$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME95855Hematology - No Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FLee
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
1/10/20136/16/2015
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
leukemia
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Gleevek and Dasatinib
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Improper management of patients care
Principal Injury Giving Rise To The Claim
progression of disease resulting in death
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
3/12/20182018-CA-000819
County Suit Filed inDate of Final Disposition
Alachua7/22/2019
Other Defendants Involved in this Claim
Florida Cancer Specialists PL
dba Florida Cancer Specialists-Gainesville Cancer Center
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
7/22/2019
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,000,000
Loss Adjust Expense Paid to Defense Counsel$85,493
All Other Loss Adjustment Expense Paid$23,395
Injured Person's Total Non-Economic Loss$340,909
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
n/a
 
Updates
 
No updates found.

 

Dr. BRIAN L WERBEL Medical Malpractice Lawsuits - Court Case # 01-11-CA-1777

Indemnity Paid: $975,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201263265
Claim Number :159335
Date Submitted :3/27/2012
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeEntity Name
EntityPROASSURANCE CASUALTY COMPANY
Street Address
14497 North Dale Mabry Hwy., Suite 115-N
CityStateZip
TampaFL33618
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrianLWerbel
Insurer TypeStreet Address of Practice
Licensed4645 NW 8th Avenue
CityStateZip CodeCounty
GainesvilleFL32605Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP36570$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME93739Cardiovascular Disease - Minor Surgery00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
NORTH FLORIDA REGIONAL MEDICAL CENTER100204
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
9/23/20084/17/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Exertional dyspnea and one episode of orthostatic hypotension.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient had long-time A-fib and was being treated with medication following cardiac catheterization.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Plaintiff alleged failure to diagnose pulmonary embolism, resulting in death.
Principal Injury Giving Rise To The Claim
Death
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
4/13/201101-11-CA-1777
County Suit Filed inDate of Final Disposition
Alachua3/8/2012
Other Defendants Involved in this Claim
Cardiology Associates of Gainesville
G. Cooper & Associates, 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 DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/20/2012
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$975,000
Loss Adjust Expense Paid to Defense Counsel$18,067
All Other Loss Adjustment Expense Paid$2,569
Injured Person's Total Non-Economic Loss$975,000
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
Insured has discussed case with insurance company personnel, medical experts and defense counsel.
 
Updates
 
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Dr. ROBERT A GREENBERG Medical Malpractice Lawsuits - Court Case # 0103CA1449

Indemnity Paid: $900,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200433839
Claim Number :502082
Date Submitted :12/28/2004
 
Insurer Information
 
Insurer NameCoverage Type
AMERICAN HEALTHCARE INDEMNITY COMPANYPrimary
Insurer FEINProfessional License Number
59-2048400 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualTerrymBinns
Street Address
1888 Century Park East, Suite 800
CityStateZip
Los AngelesCA90067
PhoneExtFaxE-Mail Address
(310) 556 - 7488 (310) 556 - 7400Tbinns@scpie-ahi.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualROBERTAGREENBERG
Insurer TypeStreet Address of Practice
Licensed6629 NW 9TH BLVD
CityStateZip CodeCounty
GAINESVILLEFL32605Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0028257183$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME13988Internal Medicine - Minor SurgeryUnknown

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
NORTH FLORIDA REGIONAL MEDICAL CENTER100204
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
4/9/200212/6/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Pregnancy.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
C-section.
Diagnostic Code :Unknown
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Severe damage to the heart resulting from a coronary artery dissection-assumed at the time of delivery.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/3/20030103CA1449
County Suit Filed inDate of Final Disposition
Alachua12/23/2004
Other Defendants Involved in this Claim
North Florida Regional Medical Center
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
12/23/2004
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$900,000
Loss Adjust Expense Paid to Defense Counsel$53,000
All Other Loss Adjustment Expense Paid$2,794
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
Interview with investigator and defense counsel, answer interrogatories, deposition, review of expert opinions.
 
Updates
 
No updates found.

 

 

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One or more fields in this claim have failed internal data validation testing.

Dr. OSCAR B DEPAZ Medical Malpractice Lawsuits - Court Case # 01-2004-CA-003027

Indemnity Paid: $850,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200641916
Claim Number :17075
Date Submitted :9/12/2006
 
Insurer Information
 
Insurer NameCoverage Type
MAG MUTUAL INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
58-1449198 
Insurer Contact Information
TypeEntity Name
EntityMAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
CityStateZip
OrlandoFL32819
PhoneExtFaxE-Mail Address
(407) 370 - 3813 (407) 370 - 2247cwehner@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualOscarBDePaz
Insurer TypeStreet Address of Practice
Licensed4881 NW 8th Avenue Suite 2
CityStateZip CodeCounty
GainesvilleFL32605Alachua
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600225 02$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME43599Physical Medicine and Rehabilitation4201

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FAlachua
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
1/24/20031/31/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Chronic upper and lower back and neck pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Botox/Lidocaine injections
Diagnostic Code :798.2
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged improper use of Botox/Lidocaine for pain control
Principal Injury Giving Rise To The Claim
Anaphylactic shock
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
8/8/200401-2004-CA-003027
County Suit Filed inDate of Final Disposition
Alachua8/24/2006
Other Defendants Involved in this Claim
Southeastern Integrated Medical
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
7/25/2006
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$850,000
Loss Adjust Expense Paid to Defense Counsel$84,580
All Other Loss Adjustment Expense Paid$48,754
Injured Person's Total Non-Economic Loss$850,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$5,000$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
 
Date of Change:9/12/2006 8:52:53 AM
Reason for Change:Report udpated to reflect Court document final disposition date of 08/24/06, Dismissal with Prejudice
 
Field ChangedFormer ValueNew Value
Date of Final Disposition18-JUL-0624-AUG-06

 

 

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View All Medical Malpractice Cases In Alachua County Florida

Medical Malpractice Lawyers in Alachua county

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Alan Emerson McMichael
The McMichael Law Firm, PL
527 E University Ave
Gainesville, FL 32601-5451
352-375-4449
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Benjamin J Steinberg
Avera & Smith, LLP
2814 SW 13th St
Gainesville, FL 32608-2017
352-372-9999
http://www.avera.com
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Bernard Joseph O'Donnell Jr.
622 NE 7H ST
Gainesville, FL 32601
617-650-9195
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
David Marc Warner
Warner, Sechrest & Butts P.A.
5200 SW 91st Ter Ste 101
Gainesville, FL 32608-0600
352-373-5922
https://www.fbswlaw.com/
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Francys Calle Martin
UF Health Shands Legal Services
PO Box 100303
Gainesville, FL 32610-0303
352-627-9045
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Laurie Dukes Mitchell
Law Office of Laurie D. Mitchell, PA
7818 NW 22nd Ln
Gainesville, FL 32605-3162
352-371-9828
http://lauriemitchelllaw.com
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Michael Dustin Sechrest
Warner, Sechrest & Butts P.A.
5200 SW 91st Ter Ste 101
Gainesville, FL 32608-0600
352-373-5922
https://www.fbswlaw.com/
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Raymond Francis Brady
Perry, Vloedman & Brady
2790 NW 43rd St Ste 200
Gainesville, FL 32606-7445
352-373-4141
http://www.pvblawyers.com
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Robert Charles Swain
Alachua County Attorney's Office
12 SE 1st St Fl 2
Gainesville, FL 32601-6826
352-374-5218
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Robert P Butts
Warner, Sechrest & Butts, P.A.
5200 SW 91st Ter Ste 101
Gainesville, FL 32608-0600
352-373-5922
https://www.fbswlaw.com/
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Stephanie Nicole Hines
Warner, Sechrest & Butts, P.A.
5200 SW 91st Ter Ste 101
Gainesville, FL 32608-0600
352-373-5922
https://www.fbswlaw.com/
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Steven David Pinkert
816 NW 13th St
Gainesville, FL 32601-2903
305-788-3900
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Susan Beth Collingwood
Susan B. Collingwood, Attorney at Law
14260 W Newberry Rd # 159
Newberry, FL 32669-2765
352-495-3053
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes
Tom Lindsey Copeland
Tom L. Copeland Law Firm
28206 N County Road 1491
Alachua, FL 32615-3187
904-471-5007
http://tomcopelandlaw.com
Specialty: Medical Malpractice
Eligble to practice in Alachua County Florida: Yes

Frequently Asked Questions

Who can file a medical malpractice lawsuit in Florida?

Typically an attorney who specializes in medical malpractice and is licensed in the state of Florida.

Can you file a medical malpractice lawsuit without a lawyer?

Yes you can, however it is highly advised not to as the medical malpractice case law is very complex

What kind of attorney do I need to sue a doctor?

You should look for an attorney who specializes in medical malpractice, you can also search for tort lawyer.

What percentage do malpractice lawyers get?

Most medical malpractice attorneys charge at least a 40% contingency fee.

How long do you have to sue for medical malpractice in Florida?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

Is there a cap on medical malpractice in Florida?

With respect to a cause of action for personal injury or wrongful death arising from medical negligence of practitioners, regardless of the number of such practitioner defendants, noneconomic damages shall not exceed $500,000 per claimant. No practitioner shall be liable for more than $500,000 in noneconomic damages, regardless of the number of claimants. see http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.118.html

Do doctors in Florida have to have malpractice insurance?

Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. However, certain part-time physicians who meet state requirements are exempt from the financial responsibility law. see http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0458/Sections/0458.320.html

Is there a time limit to file a medical malpractice suit?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

What is considered medical malpractice in Florida?

Medical Malpractice in Florida is defined as significant harm. This means that the injury must be serious enough to have resulted in significant healthcare expenses, missed work and caused ongoing pain and suffering.

What is the statute of limitations for legal malpractice in Florida?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

Who can file a wrongful death suit in Florida?

Florida law requires a representative of the deceased person's estate to file the wrongful death claim. The representative may be named in the will or estate plan. The court will appoint a representative if there is no will or estate plan

What is the statute of limitations for wrongful death in Florida?

Under the 2019 Florida statutes, the statute of limitations for wrongful death is within two years of the date of death for most cases.

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