Medical Malpractice Cases

Medical Malpractice Cases In Lee County Florida

Dr. CHARLES COX Medical Malpractice Lawsuits - Court Case # 03-1699-CA-JSC

Indemnity Paid: $13,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201057128
Claim Number :25214-02
Date Submitted :4/19/2010
 
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
IndividualCharles Cox
Insurer TypeStreet Address of Practice
Licensed3594 Broadway, Suite H
CityStateZip CodeCounty
Fort MyersFL33901Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
3393$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME18066Surgery - Opthalmology80114

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
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
11/3/20006/7/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
26 week premature newborn presented for ophthalmic monitoring.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured examined patient in office visit on 1/10/2001 and found no ridge, no neovascularization, no aggressive activity in the peripheral retinal vessels and four major vessels were of normal caliber and tortuosity.There was no evidence of retinopathy.The infant was immediately referred when the mother brought him for an exam 19 days later, or 4 days after scheduled and the insured found bilateral retinal hemorrhages.The critical, subsequent treater, did not see the child until 4 days later.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Subsequent treater examined on 2/01, 22 days later, and extrapolated backward to opine insured had missed ROP signs on 1/10/2001.
Principal Injury Giving Rise To The Claim
ROP, retinal detachment, blindness, both eyes.
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
4/14/200303-1699-CA-JSC
County Suit Filed inDate of Final Disposition
Lee3/31/2010
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
During appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/31/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$13,000,000
Loss Adjust Expense Paid to Defense Counsel$279,109
All Other Loss Adjustment Expense Paid$162,854
Injured Person's Total Non-Economic Loss$13,000,000
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
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. CHARLES COX Medical Malpractice Lawsuits - Court Case # 03-1699-CA-JSC

Indemnity Paid: $13,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201057132
Claim Number :25203-02
Date Submitted :4/19/2010
 
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
IndividualCharles Cox
Insurer TypeStreet Address of Practice
Licensed3594 Broadway, Suite H
CityStateZip CodeCounty
Fort MyersFL33901Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
3393$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME18066Surgery - Opthalmology80114

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
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
11/3/20006/7/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
26 week premature newborn presented for ophthalmic monitoring.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured examined patient in office visit on 1/10/2001 and found no ridge, no neovascularization, no aggressive activity in the peripheral retinal vessels and the four major vessels were of normal caliber and tortuosity.There was no evidence of retinopathy.The infant was immediately referred when the mother brought him for an exam 19 days later or 4 days after scheduled and the insured found bilateral retinal hemorrhages.The critical, subsequent treater, did not see the child until 4 days later.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Retinopathy of prematurity, retinal detachment, blindness, both eyes.
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
4/14/200303-1699-CA-JSC
County Suit Filed inDate of Final Disposition
Lee3/31/2010
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
After appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/31/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$13,000,000
Loss Adjust Expense Paid to Defense Counsel$276,359
All Other Loss Adjustment Expense Paid$166,618
Injured Person's Total Non-Economic Loss$13,000,000
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
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. DEOGRACIAS L CAANGAY Medical Malpractice Lawsuits - Court Case # 15-001454CA

Indemnity Paid: $3,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201885801
Claim Number : 15-001454CA
Date Submitted : 7/2/2018
 
Insurer Information
 
Insurer Name Coverage Type
HOMELAND INSURANCE COMPANY OF NEW YORK Excess
Insurer FEIN Professional License Number
52-1568827  
Insurer Contact Information
Type First Name MI Last Name
Individual Deogracias   Caangay
Street Address
3970 Hidden Acres Circle S
City State Zip
North Fort Myers FL 33903
Phone Ext Fax E-Mail Address
(239) 997 - 8336   (239) 997 - 8336 drdeo@caangay.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDeograciasLCaangay
Insurer TypeStreet Address of Practice
Licensed9981 S. Healthpark Drive
CityStateZip CodeCounty
Fort MyersFL33908Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PHY - 0628-14$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME36038Neonatal/Perinatal Medicine 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
LEE MEMORIAL HOSPITAL-HEALTHPARK120005
Location of Institutional InjuryOther Location of Institutional Injury
OtherNICU
Date of OccurrenceDate Reported to Insurer
11/13/20132/4/2015
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The PICC was inserted and misplaced by the nurses of Lee Memorial, specifically Nurse Cynthia Mytnik and Nurse Cristina Reynolds.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
PICC line insertion on the artery
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
The PICC was not in the optimal place that it needed to be a central line and furthermore, Baby Jackson's left upper extremity began to show signs and symptoms of arterial vasoconstriction as a result of the PICC misplacement.
Principal Injury Giving Rise To The Claim
Ischemic amputation of left forearm.
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
2/4/201515-001454CA
County Suit Filed inDate of Final Disposition
Lee3/3/2018
Other Defendants Involved in this Claim
Liu, William F
Sultan, Shahid
Lee Memorial Health System
Stage of Legal System at which Settlement was Reached or Award Made
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed).
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/3/2018
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$3,000,000
Loss Adjust Expense Paid to Defense Counsel$0
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
n/a
 
Updates
 
No updates found.

 

 

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Dr. LUCIANO BOEMI Medical Malpractice Lawsuits - Court Case # 04-003135 CA

Indemnity Paid: $2,156,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201265486
Claim Number :228819
Date Submitted :12/4/2012
 
Insurer Information
 
Insurer NameCoverage Type
DOCTORS COMPANY, AN INTERINSURANCE EXCHANGE (THE)Primary
Insurer FEINProfessional License Number
95-3014772 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualAngela LaFrance
Street Address
13450 W. Sunrise Blvd., Suite 320
CityStateZip
SunriseFL33323
PhoneExtFaxE-Mail Address
(954) 838 - 9988 (866) 636 - 5421alafrance@thedoctors.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualLuciano Boemi
Insurer TypeStreet Address of Practice
Licensedc/o Cassie Boemi, 12966 White Violet Drive
CityStateZip CodeCounty
NaplesFL34119Collier
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
60689$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME75944Surgery - Plastic 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FCollier
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other LocationSurgery Center
Name of InstitutionCode
N/A000000
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
4/16/20035/7/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient desired cosmetic breast augmentation.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Vertical mastopexy and augmentation.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Loss of bilateral nipples.
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
8/5/200404-003135 CA
County Suit Filed inDate of Final Disposition
Lee12/4/2012
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
After appeal.
Final Method of Claim Disposition
Disposed of by Court
Court DecisionOther
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
11/29/2012
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$2,156,000
Loss Adjust Expense Paid to Defense Counsel$1,100,000
All Other Loss Adjustment Expense Paid$89,804
Injured Person's Total Non-Economic Loss$2,000,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$156,000$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Unknown.
 
Updates
 
 
Date of Change:12/4/2012 10:17:39 AM
Reason for Change:Indemnity amount was corrected to $2,156,000 - medical expense amount was corrected to $156,000.
 
Field ChangedFormer ValueNew Value
Indemnity Paid21520002156000
Incurred Expense Mdeical152000156000

 

 

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

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Dr. DANIEL E DOSORETZ Medical Malpractice Lawsuits - Court Case # 022636CA FA

Indemnity Paid: $1,800,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200745702
Claim Number :HM047002
Date Submitted :5/23/2007
 
Insurer Information
 
Insurer NameCoverage Type
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIAPrimary
Insurer FEINProfessional License Number
23-0342560 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCarolALobacz
Street Address
352 WILDWOOD LANE EAST
CityStateZip
DEERFIELD BEACHFL33442
PhoneExtFaxE-Mail Address
(954) 481 - 1989 (312) 894 - 3680carol.lobacz@cna.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDANIELEDOSORETZ
Insurer TypeStreet Address of Practice
Licensed2234 COLONIAL BLVD
CityStateZip CodeCounty
FORT MYERSFL33907Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HPP1089982801$3,000,000$5,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME38701Additional Charges:Raditation Therapy 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
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
6/21/200011/13/2000
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
GRADE III FIBRO HISTIOCYTOMA IN THE RIGHT THIGH POST RADICAL EXCISION OF A 10 CM TUMOR.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
RADIATION THERAPY
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
THERE WAS NO MISDIAGNOSIS MADE.
Principal Injury Giving Rise To The Claim
POST RADICAL EXCISION OF A 10 CM GRADE III B FIBROUS HISTIOCYTOMA IN THE RIGHT THIGH, PT UNDERWENT RADIATION THERAPY AND MAID CHEMOTHERAPY, WHICH MAY HAVE CONTRIBUTED TO HIS ULTIMATE RIGHT HIP DISARTICULATION.
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
3/22/2002022636CA FA
County Suit Filed inDate of Final Disposition
Lee4/10/2007
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
After court verdict and prior to filing of notice of appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
OtherSETTLEMENT
Arbitration
Claim not subject to Arbitration.
Date of Payment
4/3/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,800,000
Loss Adjust Expense Paid to Defense Counsel$94,951
All Other Loss Adjustment Expense Paid$58,212
Injured Person's Total Non-Economic Loss$1,800,000
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 DISCUSSED CASE WITH DEFENSE COUNSEL AND INSURANCE PERSONNEL.
 
Updates
 
No updates found.

 

 

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Dr. ROHIT R BHASIN Medical Malpractice Lawsuits - Court Case # 16-CA004224

Indemnity Paid: $1,199,352.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201886151
Claim Number : 344563
Date Submitted : 8/14/2018
 
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 Kelly   Andrews
Street Address
12724 Gran Bay Parkway, W., Suite 400
City State Zip
Jacksonville FL 32258
Phone Ext Fax E-Mail Address
(904) 360 - 3038     kandrews@thedoctors.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualROHITRBHASIN
Insurer TypeStreet Address of Practice
Licensed1660 MEDICAL BOULEVARD SUITE 200
CityStateZip CodeCounty
NAPLESFL34110Clay
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0967620$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME101430Surgery - Neurology - Including Child 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherPHYSICIANS OFFICE
Date of OccurrenceDate Reported to Insurer
8/1/20147/5/2016
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
THE PATIENT WAS EVALUATED FOR SEIZURES AND SYNCOPAL EPISODES. THE FINAL DIAGNOSIS WAS PAPILLOEDEMA AND SHUNT MALFUNCTION.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
THE PATIENT WAS TREATED CONSERVATIVELY. CT SCAN OF THE PATIENT'S BRAIN WAS NEGATIVE FOR SHUNT FAILURE AND INTRACRANIAL PRESSURE.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ALLEGED FAILURE TO DIAGNOSE AND TIMELY TREAT SHUNT MALFUNCTION AND BILATERAL PAPILLOEDEMA RESULTING IN BILATERAL BLINDNESS IN THE 52 YEAR OLD MALE.
Principal Injury Giving Rise To The Claim
BILATERAL BLINDNESS.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/14/201616-CA004224
County Suit Filed inDate of Final Disposition
Lee7/12/2018
Other Defendants Involved in this Claim
FLORIDA NEUROLOGY GROUP, PL
LEE MEMORIAL HEALTH SYSTEM
SANTANA, LENAY
CUGINI, CHRISTY
MILLENNIUM PHYSICIAN GROUP, LLC
COLEMAN, AUSTIN
COLEMAN EYE CARE
NEUROSCIENCE AND SPINE ASSOCIATES, PL
LUSK, MICHAEL
AENLLE-MATUSZ, LISA
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
Disposed of by Arbitration
Court DecisionOther
No Court Proceedings. 
Arbitration
Award for plaintiff.
Date of Payment
7/12/2018
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,199,352
Loss Adjust Expense Paid to Defense Counsel$71,546
All Other Loss Adjustment Expense Paid$13,080
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
Insurance company staff consulted with insured to discuss preventative measures. Patient Safety referral is made if appropriate.
 
Updates
 
No updates found.

 

 

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Dr. PETER CURCIONE Medical Malpractice Lawsuits - Court Case # 18-CA-1808

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201990652
Claim Number : 163809
Date Submitted : 11/19/2019
 
Insurer Information
 
Insurer Name Coverage Type
NORCAL MUTUAL INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
94-2301054  
Insurer Contact Information
Type First Name MI Last Name
Individual Steven R Carey
Street Address
4651 Salisbury Rd. Suite 410
City State Zip
Jacksonville FL 32256
Phone Ext Fax E-Mail Address
(904) 309 - 8127   (904) 309 - 8127 scarey@norcal-group.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualPeter Curcione
Insurer TypeStreet Address of Practice
Licensed3210 Cleveland Ave., Suite 100
CityStateZip CodeCounty
Fort MyersFL33901Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
725283N$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Osteopathic Physician 
License NumberSpecialty Code & ClassificationCertification Number
OS7440Surgery - Orthopedic 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilityPhysicians Surgery Center, LLC
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Recovery Room 
Date of OccurrenceDate Reported to Insurer
9/29/20166/14/2017
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented for surgical repair of the left quadricep tendon.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Physician performed a surgical fixation of the left quadricep tendon.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Physician failed to prescribe proper anticoagulant medication post-operatively.
Principal Injury Giving Rise To The Claim
Patient expired.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
7/12/201818-CA-1808
County Suit Filed inDate of Final Disposition
Lee10/17/2019
Other Defendants Involved in this Claim
Kagan, Jugan and Associates, P.A.
Physicians Surgery 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
10/17/2019
 
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$32,144
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
Circumstances of the case have been discussed with the insured and Risk Management.
 
Updates
 
No updates found.

 

Dr. JORGE M RIVERA Medical Malpractice Lawsuits - Court Case # 03-CA-37101

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200533866
Claim Number :A03-28498-03
Date Submitted :1/3/2005
 
Insurer Information
 
Insurer NameCoverage Type
ANESTHESIOLOGISTS PROFESSIONAL ASSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
59-2820748 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCheriMMontague
Street Address
1000 Riverside Drive, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423043(904) 358 - 6728montague@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJorgeMRivera
Insurer TypeStreet Address of Practice
Licensed3788 Harold Avenue
CityStateZip CodeCounty
Fort MyersFL33901Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
60600$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME54619Anesthesiology1

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
Hospital Inpatient Facility 
Name of InstitutionCode
GULF COAST HOSPITAL (FORT MYERS)111522
Location of Institutional InjuryOther Location of Institutional Injury
Special Procedure Room 
Date of OccurrenceDate Reported to Insurer
4/15/20035/12/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Persistant vomitting, heartburn, abdominal pain related to fragile X syndrome.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Esophagogastroduodenoscopy.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Respiratory depression, cardiac arrest during esophagogastroduodenoscopy, while under care of CRNA supervised by physician.
Principal Injury Giving Rise To The Claim
Hypoxic event; neurological damage.
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
9/23/200303-CA-37101
County Suit Filed inDate of Final Disposition
Lee12/15/2004
Other Defendants Involved in this Claim
CoreyCRNA, Lois
RossMD, Christian R
Gulf Coast Hospital
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
12/15/2004
 
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$67,783
All Other Loss Adjustment Expense Paid$18,668
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
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. JAMES E SENSECQUA Medical Malpractice Lawsuits - Court Case # 03-CA-5225H

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200537900
Claim Number :18502
Date Submitted :11/2/2005
 
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
IndividualJamesESensecqua
Insurer TypeStreet Address of Practice
Licensed1550 BARKLEY CIR
CityStateZip CodeCounty
FORT MYERSFL33907Lee
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600129 03$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME50875Cardiovascular Disease - Minor Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
LEE MEMORIAL HOSPITAL-HEALTHPARK120005
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
5/28/20036/2/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Supraventricular tachyarrhythmia
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Introventricular ablation
Diagnostic Code :425.4
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to properly perform procedure
Principal Injury Giving Rise To The Claim
Transeptal puncture and anoxic encephalopathy
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/30/200303-CA-5225H
County Suit Filed inDate of Final Disposition
Lee9/13/2005
Other Defendants Involved in this Claim
Lee Memorial Hospital
Florida Heart Associates
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
11/1/2005
 
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$393,458
All Other Loss Adjustment Expense Paid$98,365
Injured Person's Total Non-Economic Loss$1,000,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$1,300,000$30,000,000
Wage Loss$75,000$1,200,000
Other Expenses$0$0
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. DEOGRACIAS L CAANGAY Medical Malpractice Lawsuits - Court Case # 15-001454-CA

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201885293
Claim Number : PMG-13-AO-247138-1
Date Submitted : 5/14/2018
 
Insurer Information
 
Insurer Name Coverage Type
Pediatrix Medical Group, Inc. Primary
Insurer FEIN Professional License Number
26-359560  
Insurer Contact Information
Type First Name MI Last Name
Individual Kathy A Stockton
Street Address
1900 W. LOOP S., STE. 1500
City State Zip
Houston TX 77027
Phone Ext Fax E-Mail Address
(713) 935 - 2404   (713) 461 - 8130 kathy_stockton@westernlitigation.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDEOGRACIASLCAANGAY
Insurer TypeStreet Address of Practice
Self-InsurerC/O SCHELL COOLEY, 5057 KELLER SPRINGS, SUITE 425
CityStateZip CodeCounty
ADDISONTX75001Out of state
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PHY-0071-12$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME36038Neonatal/Perinatal Medicine 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MLee
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
LEE MEMORIAL HOSPITAL-HEALTHPARK120005
Location of Institutional InjuryOther Location of Institutional Injury
Nursery 
Date of OccurrenceDate Reported to Insurer
11/13/201311/18/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
NEWBORN
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
NEWBORN
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
NO MISDIAGNOSIS
Principal Injury Giving Rise To The Claim
OCCLUDED PICC LINE R/I LEFT ARM AMPUTATION
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
6/22/201515-001454-CA
County Suit Filed inDate of Final Disposition
Lee5/14/2018
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 subject to arbitration, but settlement reached in lieu of award.
Date of Payment
4/27/2018
 
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$510,583
All Other Loss Adjustment Expense Paid$223,652
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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View All Medical Malpractice Cases In Lee County Florida

Medical Malpractice Lawyers in Lee county

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Brett David Fisher
Cole, Scott & Kissane
27300 Riverview Center Blvd Ste 200
Bonita Springs, FL 34134-4316
239-690-7939
http://www.csklegal.com
Specialty: Medical Malpractice
Eligble to practice in Lee County Florida: Yes
Bruce McLaren Stanley
Bruce McLaren Stanley, Sr.
2506 McGregor Blvd
Fort Myers, FL 33901-5828
239-344-1100
http://www.henlaw.com
Specialty: Medical Malpractice
Eligble to practice in Lee County Florida: Yes
Carlos J. Cavenago III
Parvey & Frankel Attorneys P.A.
2069 First St Ste 100
Fort Myers, FL 33901-3052
239-334-0300
http://www.parveyfrankel.com
Specialty: Medical Malpractice
Eligble to practice in Lee County Florida: Yes
Casey Gartland
Gartland Legal, PLLC
2350 W First St Apt 204
Fort Myers, FL 33901-3323
239-316-3308
http://www.gartlandlegal.webs.com
Specialty: Medical Malpractice
Eligble to practice in Lee County Florida: Yes
Craig Edward Polhemus
Avard Law Offices
875 SE 47th Ter Ste 3
Cape Coral, FL 33904-9099
941-685-6716
http://www,avardlaw.com
Specialty: Medical Malpractice
Eligble to practice in Lee County Florida: Yes
Douglas A. Orr
The Orr Law Firm, P.L.
2930 Del Prado Blvd S Ste B
Cape Coral, FL 33904-7239
239-565-7351
Specialty: Medical Malpractice
Eligble to practice in Lee County Florida: Yes
Isabel Diaz Barroso
Morgan & Morgan, P.A.
12800 University Dr Ste 600
Fort Myers, FL 33907-5349
239-210-5340
http://www.forthepeople.com
Specialty: Medical Malpractice
Eligble to practice in Lee County Florida: Yes
Michael Francis Hornung
Michael F. Hornung P.A.
15611 New Hampshire Ct
Fort Myers, FL 33908-4171
239-437-0095
http://www.mfh-law.com
Specialty: Medical Malpractice
Eligble to practice in Lee County Florida: Yes
William M Powell
Powell,Jackman,Stevens & Ricciardi, P.A.
12381 S Cleveland Ave Ste 200
Fort Myers, FL 33907-3851
239-540-3333
Specialty: Medical Malpractice
Eligble to practice in Lee County Florida: Yes
Zachary J Cantor
Viacava & Cantor
2242 Main St
Fort Myers, FL 33901-2931
239-672-8934
http://www.viacavacantor.com
Specialty: Medical Malpractice
Eligble to practice in Lee County Florida: Yes
Zachary Z Zermay
Zermay Law, P.A.
344 Royal Palm Park Rd
Fort Myers, FL 33905-3016
239-699-3107
http://zermaylaw.com
Specialty: Medical Malpractice
Eligble to practice in Lee 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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