Medical Malpractice Cases

Medical Malpractice Cases In Franklin County Florida

Dr. THOMAS G MERRILL Medical Malpractice Lawsuits - Court Case # 06-000136-CA

Indemnity Paid: $200,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200745486
Claim Number :1000853
Date Submitted :3/5/2009
 
Insurer Information
 
Insurer NameCoverage Type
FLORIDA MEDICAL MALPRACTICE JUAPrimary
Insurer FEINProfessional License Number
59-1625412 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualSUSAN SPIELMAN
Street Address
5814 Reed Street
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(260) 486 - 0340 (260) 486 - 0782SUSAN.SPIELMAN@MEDPRO.COM
 
Insured Information
 
TypeFirst NameMILast Name
IndividualThomasGMerrill
Insurer TypeStreet Address of Practice
Licensed116 Avenue East
CityStateZip CodeCounty
ApalachicolaFL32320Franklin
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FL003536$250,000$750,000
Profession or BusinessOther Profession or Business
Osteopathic Physician 
License NumberSpecialty Code & ClassificationCertification Number
OS3716Family Physicians or General Practitioners - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FFranklin
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
3/22/20045/18/2006
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Complaints of pain and back spasms
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Prescription of painkilling medications
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Prescription of painkilling medications in dangerous quantities and combinations
Principal Injury Giving Rise To The Claim
Death on 4/15/2004
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
4/12/200606-000136-CA
County Suit Filed inDate of Final Disposition
Franklin4/30/2007
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
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/30/2007
 
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$17,033
All Other Loss Adjustment Expense Paid$5,325
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
N/A
 
Updates
 
 
Date of Change:3/5/2009 11:43:17 AM
Reason for Change:ALE Update
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel1632317033
All Other Loss Adjustment Expense Paid26935325

 

 

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Dr. THOMAS G MERRILL Medical Malpractice Lawsuits - Court Case # 42-2006-CA-00299

Indemnity Paid: $67,500.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200747723
Claim Number :1000881
Date Submitted :3/5/2009
 
Insurer Information
 
Insurer NameCoverage Type
FLORIDA MEDICAL MALPRACTICE JUAPrimary
Insurer FEINProfessional License Number
59-1625412 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualSUSAN SPIELMAN
Street Address
5814 Reed Street
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(260) 486 - 0340 (260) 486 - 0782SUSAN.SPIELMAN@MEDPRO.COM
 
Insured Information
 
TypeFirst NameMILast Name
IndividualThomasGMerrill
Insurer TypeStreet Address of Practice
Licensed116 Avenue E
CityStateZip CodeCounty
ApalachicolaFL32320Franklin
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FL003536$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
OS3716Family Physicians or General Practitioners - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FFranklin
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
4/19/20049/8/2006
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Migraine headaches
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Prescription of various medications
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Overmedication of patient
Principal Injury Giving Rise To The Claim
Hemorrhaging, pain and suffering, possible addiction to pain-killing meds
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/19/200642-2006-CA-00299
County Suit Filed inDate of Final Disposition
Franklin11/16/2007
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
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
11/13/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$67,500
Loss Adjust Expense Paid to Defense Counsel$20,608
All Other Loss Adjustment Expense Paid$6,297
Injured Person's Total Non-Economic Loss$47,500
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
N/A
 
Updates
 
 
Date of Change:3/5/2009 1:29:15 PM
Reason for Change:ALE Update
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel2040620608
All Other Loss Adjustment Expense Paid34466297

 

 

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Dr. THOMAS G MERRILL Medical Malpractice Lawsuits - Court Case # 09-000426-CA

Indemnity Paid: $5,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200746747
Claim Number :1000883
Date Submitted :3/5/2009
 
Insurer Information
 
Insurer NameCoverage Type
FLORIDA MEDICAL MALPRACTICE JUAPrimary
Insurer FEINProfessional License Number
59-1625412 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualSUSAN SPIELMAN
Street Address
5814 Reed Street
CityStateZip
Fort WayneIN46835
PhoneExtFaxE-Mail Address
(260) 486 - 0340 (260) 486 - 0782SUSAN.SPIELMAN@MEDPRO.COM
 
Insured Information
 
TypeFirst NameMILast Name
IndividualThomasGMerrill
Insurer TypeStreet Address of Practice
Licensed116 Avenue East
CityStateZip CodeCounty
ApalachicolaFL32320Franklin
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FL003536$250,000$750,000
Profession or BusinessOther Profession or Business
Osteopathic Physician 
License NumberSpecialty Code & ClassificationCertification Number
OS3716Family Physicians or General Practitioners - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FFranklin
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
5/20/20049/1/2006
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Unspecified body pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Prescription of medications, including Oxycotin
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Over prescription of medications
Principal Injury Giving Rise To The Claim
Addiction and withdrawal symptons
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 SuitCircuit Court Case Number
12/1/200609-000426-CA
County Suit Filed inDate of Final Disposition
Franklin8/22/2007
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
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$5,000
Loss Adjust Expense Paid to Defense Counsel$4,297
All Other Loss Adjustment Expense Paid$40
Injured Person's Total Non-Economic Loss$4,000
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
N/A
 
Updates
 
 
Date of Change:3/5/2009 1:50:15 PM
Reason for Change:ALE Update
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel39704297
All Other Loss Adjustment Expense Paid3840

 

 

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View All Medical Malpractice Cases In Franklin County Florida

Search For Medical Malpractice Cases By ZipCode in Franklin County

32320

Medical Malpractice Lawyers in Franklin county

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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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