Medical Malpractice Cases

Medical Malpractice Cases In Hamilton County Florida

Dr. STEVEN P HOLLIMAN Medical Malpractice Lawsuits - Court Case # 2005-CA-000377

Indemnity Paid: $300,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201056204
Claim Number :03G20475PL
Date Submitted :2/1/2010
 
Insurer Information
 
Insurer NameCoverage Type
University of Florida JHMHC Self-Insurance ProgramPrimary
Insurer FEINProfessional License Number
59-600205 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualDanelleHTowater
Street Address
3450 Hull Road, Ste 4358
CityStateZip
GainesvilleFL32611-2735
PhoneExtFaxE-Mail Address
(352) 273 - 7006 (352) 273 - 7287towatdt@shands.ufl.edu
 
Insured Information
 
TypeFirst NameMILast Name
IndividualStevenPHolliman
Insurer TypeStreet Address of Practice
Self-Insurer1100 SW 11th Street
CityStateZip CodeCounty
Live OakFL32064Suwannee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
UFBOT03G$2,000,000*NR
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME51227Emergency Medicine - No Major Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSuwannee
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
SHANDS AT LIVE OAK (SUWANNEE)100146
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
5/2/20045/3/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Shortness of breath and abdominal pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Evaluation of shortness of breath and abdominal pain
Diagnostic Code :786.05
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to diagnose and treat pulmonary embolism
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
12/12/20052005-CA-000377
County Suit Filed inDate of Final Disposition
Hamilton1/5/2009
Other Defendants Involved in this Claim
Magrini, Cynthia B
Samuel, Eric B
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
1/5/2009
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$300,000
Loss Adjust Expense Paid to Defense Counsel$37,271
All Other Loss Adjustment Expense Paid$24,917
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
Assessment of treatment with physician
 
Updates
 
No updates found.

 

 

*NR:Prior to 04/28/1999 this field was not required in submitted claims.

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Dr. SAMUEL SANTELICES Medical Malpractice Lawsuits - Court Case # 2014 CA 000247

Indemnity Paid: $247,500.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201576175
Claim Number : 1020143-02
Date Submitted : 8/11/2016
 
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 Susan K Spielman
Street Address
5814 Reed Road
City State Zip
Fort Wayne IN 46835
Phone Ext Fax E-Mail Address
(260) 486 - 0340     reportaclaim@medpro.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualSamuel Santelices
Insurer TypeStreet Address of Practice
Licensed1859 SW Newland Way
CityStateZip CodeCounty
Lake CityFL32025Columbia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
696153$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME87551Pediatrics - 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
 MColumbia
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
2/17/20127/14/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Enlarged lymph nodes
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Diagnostic testing
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to refer to ENT
Principal Injury Giving Rise To The Claim
Lymphadenopathy; diagnosis of metastic thyroid cancer
Severity Of Injury
Permanent: Significant - Deafness, loss of limb, loss of eye, loss of one kidney or lung.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
11/14/20142014 CA 000247
County Suit Filed inDate of Final Disposition
Hamilton10/20/2015
Other Defendants Involved in this Claim
Smith ARNP, Megan
North Florida Pediatrics PA
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
10/15/2015
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$247,500
Loss Adjust Expense Paid to Defense Counsel$53,347
All Other Loss Adjustment Expense Paid$33,540
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:1/28/2016 9:27:12 AM
Reason for Change:ALE UPDATE 1/28/2016
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid1516026044
Amount of Loss Adjustment Expense Paid to Defense Counsel3208952450
 
Date of Change:8/11/2016 10:34:57 AM
Reason for Change:ALE UPDATED 8/11/2016
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid2604433540
Amount of Loss Adjustment Expense Paid to Defense Counsel5245053347

 

 

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Dr. EDUARDO ROMERO Medical Malpractice Lawsuits - Court Case # 99018CA

Indemnity Paid: $100,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200011701
Claim Number :14740-01
Date Submitted :1/23/2007
 
Insurer Information
 
Insurer NameCoverage Type
AMERICAN PHYSICIANS ASSURANCE CORPORATIONPrimary
Insurer FEINProfessional License Number
38-2102867 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualChristine McClain
Street Address
200 East Gaines Street
CityStateZip
TallahasseeFL32399
PhoneExtFaxE-Mail Address
(850) 413 - 5358 (850) 921 - 8243Christine.McClain@fldfs.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualEDUARDO ROMERO
Insurer TypeStreet Address of Practice
Licensed1304 OHIO AVE S
CityStateZip CodeCounty
LIVE OAKFL32064Suwannee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
125214$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME32987Family Physicians or General Practitioners - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MHamilton
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
HAMILTON MEMORIAL HOSPITAL100108
Location of Institutional InjuryOther Location of Institutional Injury
Critical Care Unit 
Date of OccurrenceDate Reported to Insurer
9/22/19968/19/1998
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
THE CLAIMANT WAS DIAGNOSED WITH A PROBABLE HEART ATTACK AND STREPTOKINASE WAS ORDERED.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
THE CLAIMANT WAS DIAGNOSED WITH WITH CEREBELLAR HEMATOMA SECONDARY TO THE THROMBOLYSIS .THE CLAIMANT WENT INTO CARDIAC ARREST AND EXPIRED PRIOR TO THE TRANSFER TO A GAINESVILLE HOSPITAL. CLAIMANT ATTORNEY ALLEGES THERE WAS A DELAY IN DX AND TREATMENT OF THE INCREASED INTRACRANIAL PRESSURE.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
N/A
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
2/2/199999018CA
County Suit Filed inDate of Final Disposition
Hamilton5/12/2000
Other Defendants Involved in this Claim
COLUMBIA HAMILTON MEDICAL CENTER
Stage of Legal System at which Settlement was Reached or Award Made
Within 90 days of suit being filed.
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$100,000
Loss Adjust Expense Paid to Defense Counsel$0
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$100,000
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
THE INSURED DISCUSSED CASE WITH DEFENSE COUNSEL ANDINSURANCE PERSONAL .
 
Updates
 
 
Date of Change:1/18/2007 9:03:59 AM
Reason for Change:UPDATE FOR COMPLIANCE OF NEW DATA.
 
Field ChangedFormer ValueNew Value
Injured Person Address CountyHamilton
County Injury Occurred InHamilton
Portal User Nameplcr_migration_dccs plcr_migration_dccsChristine McClain
Insured Zip Code32060320644156
Insured License Number32987ME32987
Insured Address Street1304 SO. OHIO AVE.1304 OHIO AVE S
Insured Last NameROMERO, M.D.ROMERO
Certification NumberN/A
 
Date of Change:1/23/2007 11:28:09 AM
Reason for Change:Insured license number corrected.Invalid insured certification number corrected.County Where Injury Occurred entered.
 
Field ChangedFormer ValueNew Value
Portal User Nameplcr_migration_dccs plcr_migration_dccsChristine McClain

 

 

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

Dr. DAVID EATON Medical Malpractice Lawsuits - Court Case # 502101CA000260XXXXMB

Indemnity Paid: $52,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201058690
Claim Number :2009-106442 / MZ
Date Submitted :10/1/2010
 
Insurer Information
 
Insurer NameCoverage Type
NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PAPrimary
Insurer FEINProfessional License Number
25-0687550 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualConnieLPeters
Street Address
PO Box52810
CityStateZip
BellevueWA98015
PhoneExtFaxE-Mail Address
(425) 636 - 10001012(916) 781 - 5795cpeters@intercareins.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDavid Eaton
Insurer TypeStreet Address of Practice
Licensed13889 Wellington Trace
CityStateZip CodeCounty
WellingtonFL33414Palm Beach
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
DNU 060251061$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Dentistry 
License NumberSpecialty Code & ClassificationCertification Number
DN9807Dentists - N.O.C.80211

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FPalm Beach
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherDental Office
Date of OccurrenceDate Reported to Insurer
5/3/20079/10/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The plaintiff presented to the insured with a previous bridge spannign tteth #'s 6-11 that needed to be replaced.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The insured replaced the bridge spanning teeth #'s 6-11
Diagnostic Code :no diagn
Misdiagnosis Made, If Any, Of Patient's Actual Condition
There was no misdiagnosis made by the insured.
Principal Injury Giving Rise To The Claim
Plaintiff alleges that the bridge that the insured fabricated was not constructed properly and had to be re-done.
Severity Of Injury
Temporary: Slight - Lacerations, contusions, minor scars, rash.No delay.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
1/12/2010502101CA000260XXXXMB
County Suit Filed inDate of Final Disposition
Hamilton9/23/2010
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
9/23/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$52,000
Loss Adjust Expense Paid to Defense Counsel$22,134
All Other Loss Adjustment Expense Paid$1,799
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
No safety management steps taken.
 
Updates
 
No updates found.

 

 

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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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