Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
This page is not displaying certain sensitive information. |
Department File Number : | M201989222 |
Claim Number : | 2018-08-675-002 |
Date Submitted : | 7/1/2019 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
LEXINGTON INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
25-114949 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Kaye | Monello | |||
Street Address | |||||
2985 Drew Street | |||||
City | State | Zip | |||
Clearwater | FL | 33759 | |||
Phone | Ext | Fax | E-Mail Address | ||
(727) 754 - 9268 | (727) 519 - 1276 | kaye.monello@baycare.org |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Derek | E | Williams | ||
Insurer Type | Street Address of Practice | ||||
Self-Insurer | 455 Pinellas Street | ||||
City | State | Zip Code | County | ||
Clearwater | FL | 33756 | Pinellas | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
120-73-195 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME124590 | Surgery - Cardiovascular Disease |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Pinellas | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
MORTON PLANT HOSPITAL | 100127 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Operating Suite | |||||
Date of Occurrence | Date Reported to Insurer | ||||
7/12/2016 | 1/22/2018 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
60 year old male presented to the ED with chest pain and shortness of breath. Echocardiogram performed 5 months earlier showed severe aortic stenosis, but he had not seen a cardiologist. He had HTN and was a heavy smoker. A cardiac catheterization was performed and results showed double vessel disease, aortic valve stenosis, normal LV function, RCA mid 50% occlusion, mid to distal 60% to 70% occlusion, aortic valve stenosis and severe AVA. The recommendations following the catheterization included valvular surgery, specifically aortic valve replacement. As such, Cardiothoracic Surgery was consulted and the patient was scheduled to undergo an Aortic Valve Replacement (AVR) with bio-prosthetic valve on July 12, 2016, with a plan for an upper mini-sternotomy. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
Aortic Valve Replacement (AVR) with bio-prosthetic valve surgery with a plan for an upper mini-sternotomy was undertaken. Following completion of the valve placement the patient developed hypotension and right ventricular dysfunction. The planned mini-sternotomy was converted to a full sternotomy. Due to multiple episodes of hypotension, it was decided to place an intra-aortic balloon pump. Prior to conclusion of the case, flow was noted in both the left main and right coronary artery on trans esophageal echocardiogram. The patient was transferred to the ICU with the balloon pump and required significant inotropic/pressor support. Heparin was given during the case and reversed with Protamine. On July 13, 2016, after the patient had a very significant elevation of his CK-MB and troponin, he underwent catheterization which showed patent left main and right coronary arteries but with ¿sluggish refill¿ of the right coronary artery. The patient also developed a right pleural effusion concerning for pneumothorax. He was taken back to surgery and mediastinal exploration ensued. During the surgery, evacuation of mediastinal and right hemithorax blood proceeded. Again, Heparin was used during the case and reversed. On July 15, 2014, the patient was taken back to the operating room for evacuation of 600 mL of pleural effusion and closure of the chest. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
*NR | |||||
Principal Injury Giving Rise To The Claim | |||||
The patient developed HIT (Heparin Induced Thrombocytopenia) following his surgeries which caused clotting of the vessels in his extremities. The patient was found to have four-extremity ischemia ¿due to low flow state,¿ and Heparin Induced Thrombocytopenia (¿HIT¿). Vascular surgery was consulted for the ischemia to the hands and feet. An ultrasound done of the extremities was consistent with low output and this eventually led to amputations of the bilateral arms below the elbows and bilateral legs below the knees. There is nothing in the operative report to indicate that an inadequate surgical performance occurred. | |||||
Severity Of Injury | |||||
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
6/11/2018 | 2018-03322-CI | ||||
County Suit Filed in | Date of Final Disposition | ||||
Pinellas | 6/3/2019 | ||||
Other Defendants Involved in this Claim | |||||
Morton Plant Hospital BayCare Medical Group | |||||
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 Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
6/3/2019 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $9,500,000 | ||||||||||||||||||||
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 | |||||||||||||||||||||
| |||||||||||||||||||||
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
Any risk issues have been addressed. |
Updates | |
No updates found. |
Department File Number : | M201989257 |
Claim Number : | 2018-08-675-002 |
Date Submitted : | 7/5/2019 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
LEXINGTON INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
25-114949 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Kaye | Monello | |||
Street Address | |||||
2985 Drew Street | |||||
City | State | Zip | |||
Clearwater | FL | 33759 | |||
Phone | Ext | Fax | E-Mail Address | ||
(727) 754 - 9268 | (727) 519 - 1276 | kaye.monello@baycare.org |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Derek | E | Williams | ||
Insurer Type | Street Address of Practice | ||||
Self-Insurer | 455 Pinellas Street | ||||
City | State | Zip Code | County | ||
Clearwater | FL | 33756 | Pinellas | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
120-73-195 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME124590 | Surgery - Cardiovascular Disease |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Pinellas | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
MORTON PLANT HOSPITAL | 100127 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Operating Suite | |||||
Date of Occurrence | Date Reported to Insurer | ||||
7/12/2016 | 1/22/2018 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
60 year old male presented to the ED with chest pain and shortness of breath. Echocardiogram performed 5 months earlier showed severe aortic stenosis, but he had not seen a cardiologist. He had HTN and was a heavy smoker. A cardiac catheterization was performed and results showed double vessel disease, aortic valve stenosis, normal LV function, RCA mid 50% occlusion, mid to distal 60% to 70% occlusion, aortic valve stenosis and severe AVA. The recommendations following the catheterization included valvular surgery, specifically aortic valve replacement. As such, Cardiothoracic Surgery was consulted and the patient was scheduled to undergo an Aortic Valve Replacement (AVR) with bio-prosthetic valve on July 12, 2016, with a plan for an upper mini-sternotomy. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
Aortic Valve Replacement (AVR) with bio-prosthetic valve surgery with a plan for an upper mini-sternotomy was undertaken. Following completion of the valve placement the patient developed hypotension and right ventricular dysfunction. The planned mini-sternotomy was converted to a full sternotomy. Due to multiple episodes of hypotension, it was decided to place an intra-aortic balloon pump. Prior to conclusion of the case, flow was noted in both the left main and right coronary artery on trans esophageal echocardiogram. The patient was transferred to the ICU with the balloon pump and required significant inotropic/pressor support. Heparin was given during the case and reversed with Protamine. On July 13, 2016, after the patient had a very significant elevation of his CK-MB and troponin, he underwent catheterization which showed patent left main and right coronary arteries but with ¿sluggish refill¿ of the right coronary artery. The patient also developed a right pleural effusion concerning for pneumothorax. He was taken back to surgery and mediastinal exploration ensued. During the surgery, evacuation of mediastinal and right hemithorax blood proceeded. Again, Heparin was used during the case and reversed. On July 15, 2014, the patient was taken back to the operating room for evacuation of 600 mL of pleural effusion and closure of the chest. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
*NR | |||||
Principal Injury Giving Rise To The Claim | |||||
The patient developed HIT (Heparin Induced Thrombocytopenia) following his surgeries which caused clotting of the vessels in his extremities. The patient was found to have four-extremity ischemia ¿due to low flow state,¿ and Heparin Induced Thrombocytopenia (¿HIT¿). Vascular surgery was consulted for the ischemia to the hands and feet. An ultrasound done of the extremities was consistent with low output and this eventually led to amputations of the bilateral arms below the elbows and bilateral legs below the knees. There is nothing in the operative report to indicate that an inadequate surgical performance occurred. | |||||
Severity Of Injury | |||||
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
6/11/2018 | 2018-03322-CI | ||||
County Suit Filed in | Date of Final Disposition | ||||
Pinellas | 6/3/2019 | ||||
Other Defendants Involved in this Claim | |||||
Morton Plant Hospital BayCare Medical Group | |||||
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 Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
6/3/2019 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $9,500,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $59,288 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
Any risk issues have been addressed. |
Updates | |
No updates found. |
Department File Number : | M201886940 |
Claim Number : | 70490-A |
Date Submitted : | 11/7/2018 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
MEDMAL DIRECT INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
27-2813188 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | James | P | Lacey | ||
Street Address | |||||
76 S. Laura Street, Suite 900 | |||||
City | State | Zip | |||
Jacksonville | FL | 32202 | |||
Phone | Ext | Fax | E-Mail Address | ||
(904) 482 - 4068 | (888) 974 - 6458 | claims@medmaldirect.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Thomas | J | Umstead | ||
Insurer Type | Street Address of Practice | ||||
Licensed | 1812 Healthcare Drive | ||||
City | State | Zip Code | County | ||
New Port Richey | FL | 34655 | Pasco | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
FL707660 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME44331 | Surgery - Obstetrics - Gynecology |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Pasco | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
N/A | 000000 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Patients' Room | |||||
Date of Occurrence | Date Reported to Insurer | ||||
8/27/2014 | 5/25/2015 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
VBAC delivery trial of labor. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
Vaginal delivery - trial of labor. | |||||
Diagnostic Code : | 09 | ||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
None. | |||||
Principal Injury Giving Rise To The Claim | |||||
Death of a fetus due to trial of labor -VBAC. | |||||
Severity Of Injury | |||||
Permanent: Death. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
1/6/2016 | 16-000127-CI | ||||
County Suit Filed in | Date of Final Disposition | ||||
Pinellas | 2/8/2018 | ||||
Other Defendants Involved in this Claim | |||||
Florida Hospital Tarpon Springs | |||||
Stage of Legal System at which Settlement was Reached or Award Made | |||||
During appeal. | |||||
Final Method of Claim Disposition | |||||
Disposed of by Court | |||||
Court Decision | Other | ||||
Judgment for the plaintiff. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
10/4/2018 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $5,000,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $221,794 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
None. |
Updates | |||||||
Date of Change: | 11/7/2018 4:17:47 PM | ||||||
Reason for Change: | Final disposition date updated from 10/04/2018 to 02/08/2018. | ||||||
|
This page is not displaying certain sensitive information.
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
This page is not displaying certain sensitive information. |
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
This page is not displaying certain sensitive information. |
Department File Number : | M201574447 |
Claim Number : | FP3965701 |
Date Submitted : | 4/30/2015 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
FIRST PROFESSIONALS INSURANCE COMPANY, INC | Primary | ||||
Insurer FEIN | Professional License Number | ||||
59-6614702 | |||||
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 | |||||
Type | First Name | MI | Last Name | ||
Individual | Douglas | Turnbull | |||
Insurer Type | Street Address of Practice | ||||
Licensed | 1551 West Bay Drive | ||||
City | State | Zip Code | County | ||
Largo | FL | 33770 | Pinellas | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
FP-88501 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME100205 | Urology - no surgery |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Pinellas | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
LARGO MEDICAL CENTER | 100248 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Patients' Room | |||||
Date of Occurrence | Date Reported to Insurer | ||||
11/21/2008 | 1/15/2010 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
Ureteral calculi requiring lithotripsy, cystoscopy in 81 year old male. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
Lithotripsy, cystoscopy and pain medication with morphine which patient had known "sensitivity to". | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
*NR | |||||
Principal Injury Giving Rise To The Claim | |||||
Patient developed confusion and encephalopaty 12 -15 hours after administration of morphine. Patient deteriorated over weeks and died. Plaintiff maintained patient had known "sensitivity" to morphine and it was therefore contraindicated. | |||||
Severity Of Injury | |||||
Permanent: Death. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
9/8/2010 | 10012955CL | ||||
County Suit Filed in | Date of Final Disposition | ||||
Pinellas | 4/2/2015 | ||||
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 Decision | Other | ||||
Judgment for the plaintiff after appeal ... | |||||
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 | $2,142,834 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $128,058 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $73,237 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
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. |
*NR: Prior to 04/28/1999 this field was not required in submitted claims. This page is not displaying certain sensitive information.
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
This page is not displaying certain sensitive information. |
Department File Number : | M201988317 |
Claim Number : | 148256 |
Date Submitted : | 3/28/2019 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
MEDICUS INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
20-5623491 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Diane | M | McNab | ||
Street Address | |||||
4651 Salisbury Road | |||||
City | State | Zip | |||
Jacksonville | FL | 32256 | |||
Phone | Ext | Fax | E-Mail Address | ||
(954) 439 - 0580 | dmcnab@norcal-group.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Jennifer | Crews | |||
Insurer Type | Street Address of Practice | ||||
Licensed | 701 6th St S | ||||
City | State | Zip Code | County | ||
St Petersburg | FL | 33701 | Pinellas | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
FL-16141966 | $1,000,000 | $3,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Physician Assistant | |||||
License Number | Specialty Code & Classification | Certification Number | |||
PA9106325 | Emergency Medicine - No Major Surgery |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Pinellas | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Emergency Room | |||||
Name of Institution | Code | ||||
BAYFRONT MEDICAL CENTER | 100032 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Radiology, Emergency Room | |||||
Date of Occurrence | Date Reported to Insurer | ||||
8/21/2014 | 2/21/2016 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
Patient presented to ER with complaints of vaginal bleeding, pelvic pain and dysuria. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
The patient's workup included a comprehensive physical exam, gynecological exam, and a battery of tests. The patient accurately diagnosed with dysfunctional uterine bleeding and bacterial vaginosis, provided appropriate treatment and educated regarding abnormal incidental findings. Patient was advised to have an additional evaluation with the supervising attending physician. Patient declined the additional eval, reported "feeling well", had normal vital signs and requested to be discharged home. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
The patient was advised to follow up with a primary care provider and gynecologist within 72 hours for further evaluation and testing, and/or return to the ER if symptoms worsened. The supervising attending physician agreed with the plan of care. Patient failed to follow up with either specialist or return to the ER. It was alleged this provider failed to order appropriate testing on the patient. | |||||
Principal Injury Giving Rise To The Claim | |||||
Death | |||||
Severity Of Injury | |||||
Permanent: Death. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
7/29/2016 | 16-004904-CI | ||||
County Suit Filed in | Date of Final Disposition | ||||
Pinellas | 2/21/2019 | ||||
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 Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
3/21/2019 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $1,725,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $27,120 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $27,120 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
| |||||||||||||||||||||
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
Insured met and conferenced with defense attorney and claims specialist. |
Updates | |
No updates found. |
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
*NR:Prior to 04/28/1999 this field was not required in submitted claims. This page is not displaying certain sensitive information. One or more fields in this claim have failed internal data validation testing. |
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.