Medical Malpractice Cases

Medical Malpractice Cases In Seminole County Florida

Dr. JOHN E TERWILLEGER Medical Malpractice Lawsuits - Court Case # 98-1757-CA-09-K

Indemnity Paid: $4,106,250.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200744477
Claim Number :E24305-02
Date Submitted :12/11/2007
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeEntity Name
EntityProNational Insurance Company
Street Address
13919 Carrollwood Village Run
CityStateZip
TampaFL33618
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJohnETerwilleger
Insurer TypeStreet Address of Practice
Licensed775 Harley Strickland Blvd., Suite 101
CityStateZip CodeCounty
Orange CityFL32763Seminole
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PNFL-1003754-01$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME45959Pediatrics - No Surgery00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSeminole
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
9/7/19953/4/1996
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Viral syndrome; cough, fever, headache, recent history of chicken pox.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Antibiotics prescribed.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Alleged failure to diagnose and treat meningitis resulted in neurological deficits and brain injury.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/20/199898-1757-CA-09-K
County Suit Filed inDate of Final Disposition
Seminole2/1/2007
Other Defendants Involved in this Claim
Sanford Pediatrics
Parker, Mayon V
Stage of Legal System at which Settlement was Reached or Award Made
During 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
7/13/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$4,106,250
Loss Adjust Expense Paid to Defense Counsel$149,474
All Other Loss Adjustment Expense Paid$199,427
Injured Person's Total Non-Economic Loss$4,106,250
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insured has discussed case with insurance company personnel, medical experts and defense counsel.
 
Updates
 
 
Date of Change:7/25/2007 11:42:57 AM
Reason for Change:Case was appealed.During court ordered mediation, the case was settled.Report updated to reflect indemnity payment and additional expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid5882791341
Indemnity Paid04106250
Injured Person Total Non-Economic Loss04106250
Settlement Reached01
Legal System StageAfter court verdict and prior to filing of notice of appeal.During appeal.
Amount of Loss Adjustment Expense Paid to Defense Counsel90851143445
 
Date of Change:12/11/2007 3:27:46 PM
Reason for Change:Report updated to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid91341199427
Amount of Loss Adjustment Expense Paid to Defense Counsel143445149474

 

 

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Dr. ROBERT L BOWLES Medical Malpractice Lawsuits - Court Case # 03-CA-2803-09-K

Indemnity Paid: $1,500,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200849909
Claim Number :17972
Date Submitted :9/22/2008
 
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
IndividualRobertLBowles
Insurer TypeStreet Address of Practice
Licensed455 W. Warren Avenue
CityStateZip CodeCounty
LongwoodFL32750Seminole
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 0102326 03$2,000,000$7,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME41812Surgery - Obstetrics - Gynecology 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSeminole
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
OSCEOLA REGIONAL HOSPITAL100110
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
4/2/200112/11/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Prolapse of bladder, vagina, and uterus
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Tension free vaginal tape
Diagnostic Code :788.29
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to recognize need to take down the procedure
Principal Injury Giving Rise To The Claim
Self-catheterization for residual urine
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
11/17/200303-CA-2803-09-K
County Suit Filed inDate of Final Disposition
Seminole9/3/2008
Other Defendants Involved in this Claim
Physician Associates of Florida
Stage of Legal System at which Settlement was Reached or Award Made
During appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
Directed verdict for plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
6/13/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,500,000
Loss Adjust Expense Paid to Defense Counsel$285,197
All Other Loss Adjustment Expense Paid$121,180
Injured Person's Total Non-Economic Loss$1,500,000
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
Risk management has counseled insured
 
Updates
 
 
Date of Change:9/3/2008 11:23:46 AM
Reason for Change:Report updated to reflect Court Document final disposition date of 07/16/08
 
Field ChangedFormer ValueNew Value
Date of Final Disposition11-JUN-0816-JUL-08
 
Date of Change:9/22/2008 11:02:57 AM
Reason for Change:Report updated to reflect Court Document final disposition date of 09/03/08
 
Field ChangedFormer ValueNew Value
Date of Final Disposition16-JUL-0803-SEP-08

 

 

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Dr. MAYON V PARKER Medical Malpractice Lawsuits - Court Case # 98-1757-CA-09-K

Indemnity Paid: $1,368,750.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200744475
Claim Number :E24305-01
Date Submitted :12/11/2007
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeEntity Name
EntityProNational Insurance Company
Street Address
13919 Carrollwood Village Run
CityStateZip
TampaFL33618
PhoneExtFaxE-Mail Address
(813) 969 - 2010 (813) 969 - 2120SNorris@ProAssurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMayonVParker
Insurer TypeStreet Address of Practice
Licensed130 SHIRLEY AVE
CityStateZip CodeCounty
SANFORDFL32771Seminole
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PNFL-1001130-00$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME6644Pediatrics - No Surgery00000

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSeminole
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
9/2/19953/4/1996
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Viral syndrome; cough, fever, headache, recent history of chicken pox.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Antibiotics prescribed.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis.
Principal Injury Giving Rise To The Claim
Alleged failure to diagnose and treat RB meningitis resulted in neurological deficits and brain injury.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
5/20/199898-1757-CA-09-K
County Suit Filed inDate of Final Disposition
Seminole2/1/2007
Other Defendants Involved in this Claim
Terwilleger, John E
Sanford Pediatrics
Stage of Legal System at which Settlement was Reached or Award Made
During 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
7/13/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$1,368,750
Loss Adjust Expense Paid to Defense Counsel$173,113
All Other Loss Adjustment Expense Paid$94,748
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
Insured has discussed case with insurance company personnel, medical experts and defense counsel.
 
Updates
 
 
Date of Change:7/25/2007 11:23:25 AM
Reason for Change:The verdict was appealed.During court ordered mediation, the case was settled, and the case has now been paid.Updpate to reflect indemnity payment and additional expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid5943792312
Indemnity Paid01368750
Settlement Reached01
Amount of Loss Adjustment Expense Paid to Defense Counsel114489167083
Legal System StageAfter court verdict and prior to filing of notice of appeal.During appeal.
 
Date of Change:12/11/2007 3:36:12 PM
Reason for Change:Update to reflect additional legal fees and expenses paid.
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid9231294748
Amount of Loss Adjustment Expense Paid to Defense Counsel167083173113

 

 

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Dr. MICHAEL GEILING Medical Malpractice Lawsuits - Court Case # 2000-CA201-09-K

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200851050
Claim Number :19090-01
Date Submitted :10/2/2008
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualOdessa Choice
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423045(904) 358 - 6728odessa.choice@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMIchael Geiling
Insurer TypeStreet Address of Practice
Licensed1403 Medical Plaza Dr, Ste 102
CityStateZip CodeCounty
SanfordFL32771Seminole
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
20056$250,000$750,000
Profession or BusinessOther Profession or Business
Midwife 
License NumberSpecialty Code & ClassificationCertification Number
OS7286Surgery - Obstetrics - Gynecology80153

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MOrange
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
FLORIDA HOSPITAL - ALTAMONTE120004
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
11/28/19973/17/1998
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Labor and delivery of baby.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Allegedly performing a vaginal birth after cesarean and failure to recognize fetal distress.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
Principal Injury Giving Rise To The Claim
Cerebral palsy and severe brain damage.
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
2/4/20002000-CA201-09-K
County Suit Filed inDate of Final Disposition
Seminole9/9/2008
Other Defendants Involved in this Claim
Florida Hospital-Altamonte
Ravelo, M.D., Juan
Mid-Florida OB/GYN Specialists
Stage of Legal System at which Settlement was Reached or Award Made
After appeal.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
OtherPlaintiff verdict overturned on appeal
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/9/2008
 
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$324,227
All Other Loss Adjustment Expense Paid$240,887
Injured Person's Total Non-Economic Loss$1,000,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$470,185$21,296,876
Wage Loss$0$519,923
Other Expenses$82,264$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. KURT T WOOD Medical Malpractice Lawsuits - Court Case # 04-CA-1311-10-K

Indemnity Paid: $1,000,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200952776
Claim Number :551 01 706018
Date Submitted :3/5/2009
 
Insurer Information
 
Insurer NameCoverage Type
CHICAGO INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
36-6042949 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualRuby Thompson
Street Address
33 West Monroe
CityStateZip
ChicagoIL60603
PhoneExtFaxE-Mail Address
(312) 456 - 5227 (312) 577 - 9507rthomps2@ffic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKurtTWood
Insurer TypeStreet Address of Practice
Licensed1285 Orange Avenue
CityStateZip CodeCounty
Winter ParkFL32789Orange
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
AHL1208077$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Physician Assistant 
License NumberSpecialty Code & ClassificationCertification Number
PA3194Family Physicians or General Practitioners - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSeminole
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other LocationPatient called hospital
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherPatient called hospital did not visit
Date of OccurrenceDate Reported to Insurer
6/8/20028/4/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Prescribed drug overdose
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient who had undergone several surgeries for lower back pain was seeing a doctor for pain management.She called the hospital to speak with her surgeon who was not there.Our PA was on call and called the patient back.
Diagnostic Code :010
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Insured spoke with the patient regarding her complaints of nausea, vomitting and flu like symptoms.After asking what medication she was taking, he advised her to take OTC medication for the nausea and call her treating physican in the morning.Patient expired at home several hours later.
Principal Injury Giving Rise To The Claim
Plaintiffs allege our insured should have realized that the patient was experiencing a drug overdose and advised her to go to the emergency room.Our investigation found the limited information provided by the patient would not have led our insured to suspect a drug overdose.
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
9/2/200404-CA-1311-10-K
County Suit Filed inDate of Final Disposition
Seminole2/20/2009
Other Defendants Involved in this Claim
Janssen Pharmaceutica Products
Villalobos, Ewdin M
Tall, Reginald
The Jewett Orthopaedic Clinic, P.A.
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
Directed verdict for plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/20/2009
 
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$156,796
All Other Loss Adjustment Expense Paid$25,334
Injured Person's Total Non-Economic Loss$500,000
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
None
 
Updates
 
No updates found.

 

 

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Dr. MILI K VARGHESE Medical Malpractice Lawsuits - Court Case # 2019-CA-000979

Indemnity Paid: $1,000,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M202091103
Claim Number : 364316
Date Submitted : 1/15/2020
 
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
IndividualMiliKVarghese
Insurer TypeStreet Address of Practice
Licensed461 S. Nova Road
CityStateZip CodeCounty
Ormond BeachFL32174Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0195338$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME114974Family Physicians or General Practitioners - 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
 FVolusia
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
FLORIDA HEALTH CARE PLAN, INC.20960297
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
7/21/201712/18/2017
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
29 year old came for her preventative health management annual visit with complaints of back pain, buttock pain, lower extremity pain, back stiffness, numbness, and paresthesia. She was later diagnosed with disc desiccation at L4-5 and L5-S1.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
no procedure rendered causing injury
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Numbness to her toes and bladder and bowel incontinence.
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
4/23/20192019-CA-000979
County Suit Filed inDate of Final Disposition
Seminole11/25/2019
Other Defendants Involved in this Claim
Florida Health Care Plans, Inc.
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
11/25/2019
 
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$45,839
All Other Loss Adjustment Expense Paid$10,641
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.

 

Dr. DEAN SIDER Medical Malpractice Lawsuits - Court Case # 11 CA 24209-U

Indemnity Paid: $800,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201366737
Claim Number :38247-02
Date Submitted :4/12/2013
 
Insurer Information
 
Insurer NameCoverage Type
ANESTHESIOLOGISTS PROFESSIONAL ASSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
59-2820748 
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
IndividualDean Sider
Insurer TypeStreet Address of Practice
Licensed2000 North Orange Avenue, Ste 202
CityStateZip CodeCounty
Orlando FL32804Orange
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
99215$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME56950Anesthesiology80151

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MOrange
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
FLORIDA HOSPITAL (ORLANDO)100007
Location of Institutional InjuryOther Location of Institutional Injury
Recovery Room 
Date of OccurrenceDate Reported to Insurer
1/28/20092/5/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient presented to undergo a total knee replacement.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
The patient underwent a total knee replacement.Post-op the patient allegedly had an adverse reaction to Morphine and expired.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None.
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
1/24/201111 CA 24209-U
County Suit Filed inDate of Final Disposition
Seminole3/19/2013
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
Disposed of by Court
Court DecisionOther
Judgment for the plaintiff. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/19/2013
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$800,000
Loss Adjust Expense Paid to Defense Counsel$230,100
All Other Loss Adjustment Expense Paid$181,544
Injured Person's Total Non-Economic Loss$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
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. JONATHAN W PREBLE Medical Malpractice Lawsuits - Court Case # 2015-CA-000881-09M-K

Indemnity Paid: $637,500.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201885137
Claim Number : HMA13281
Date Submitted : 4/23/2018
 
Insurer Information
 
Insurer Name Coverage Type
CONTINENTAL CASUALTY COMPANY Primary
Insurer FEIN Professional License Number
36-2114545  
Insurer Contact Information
Type First Name MI Last Name
Individual SHARI R MCGEE
Street Address
333 S. WABASH AVE.
City State Zip
CHICAGO IL 60604
Phone Ext Fax E-Mail Address
(312) 822 - 2535     shari.mcgee@cna.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJonathanWPreble
Insurer TypeStreet Address of Practice
Licensed499 E. Central Parkway #200
CityStateZip CodeCounty
Altamonte SpringsFL32701Seminole
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
DLP 415588668$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Dentistry 
License NumberSpecialty Code & ClassificationCertification Number
DN12540Dentists 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSeminole
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other LocationDental Office
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Special Procedure Room 
Date of OccurrenceDate Reported to Insurer
10/8/20128/22/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
ALLEGED ROOT CANAL TO TOOTH19 NERVE DAMAGE.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
ALLEGED ROOT CANAL TO TOOTH19 NERVE DAMAGE.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
ALLEGED ROOT CANAL TO TOOTH19 NERVE DAMAGE.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
4/14/20152015-CA-000881-09M-K
County Suit Filed inDate of Final Disposition
Seminole4/16/2018
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
Settlement Reached Prior to Pre-Suit Period
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
OtherSettled During Trial
Arbitration
Claim not subject to Arbitration.
Date of Payment
3/7/2018
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$637,500
Loss Adjust Expense Paid to Defense Counsel$203,714
All Other Loss Adjustment Expense Paid$31,417
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
INSURED DISCUSSED CASE WITH DEFENSE COUNSEL AND INSURANCE PERSONNEL
 
Updates
 
No updates found.

 

 

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

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Dr. RICHARD W ANDERSON Medical Malpractice Lawsuits - Court Case # CI 98-MP1702

Indemnity Paid: $600,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201469793
Claim Number :WC-0169
Date Submitted :2/17/2014
 
Insurer Information
 
Insurer NameCoverage Type
WESTERN INDEMNITY INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
74-2484429 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualRichardWAnderson
Street Address
4434 Lake Calabay Drivve
CityStateZip
OrlandoFL32837
PhoneExtFaxE-Mail Address
(407) 460 - 5729  rwajrmd@yahoo.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualRichardWAnderson
Insurer TypeStreet Address of Practice
Licensed4434 Lake Calabay Drive
CityStateZip CodeCounty
OrlandoFL32827Orange
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
00000 Unknown$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME49948Emergency Medicine - No Major Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MOsceola
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
FLORIDA HOSPITAL - KISSIMMEE100089
Location of Institutional InjuryOther Location of Institutional Injury
Radiology, Emergency Room 
Date of OccurrenceDate Reported to Insurer
6/7/199610/29/1998
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Malpractice Settlement Information Richard W. Anderson, Jr., MDLicense # ME49948I had one professional liability claim settled December 22, 2009.This case involved Mr. William V. Dougherty, a 42 year old gentleman, who presented to the emergency department at Florida Hospital Kissimmee on June 7, 1996.Mr. Dougherty presented with a history of having developed right upper back and chest pain while lifting a heavy saw.While in the emergency department Mr. Dougherty did not experience any active chest pain, shortness of breath, numbness or tingling.The physical examination revealed parascapular muscle tenderness.His vital signs were stable.The remainder physical examination was within normal limits.An EKG ordered was benign with non-specific ST changes and left ventricular voltage hypertrophy.He had a 95% pulse oximetry on room air.I ordered a thoracic spine xray to rule out any acute trauma to that area given the parascapular pain and tenderness.The xrays were read as normal.Based on Mr. Dougherty¿s chief complaint, history, presentation and my evaluation, I believed that he was suffering from a parascapular muscle strain and treated him accordingly.He was treated and released from the emergency department. The complaint was filed on October 29, 1998 and alleged that I failed to timely diagnose a dissecting aorta.I was informed that Mr. Dougherty¿s pain returned three days later (June 10, 1996) and he sought medical attention at another hospital.He was diagnosed with a dissected aorta and underwent surgery. In October 1996 Mr. Doughertydied
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Alleged failure to diagnose an aortic aneurysm
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged undiagnosed aortic aneurysm
Principal Injury Giving Rise To The Claim
Death four months after surgery conducted by another physician
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
10/29/1998CI 98-MP1702
County Suit Filed inDate of Final Disposition
Seminole12/22/2009
Other Defendants Involved in this Claim
The Sterling Healthcare 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 DecisionOther
OtherNotice of Voluntary Dismissal With Prejudice
Arbitration
Claim not subject to Arbitration.
Date of Payment
2/4/2010
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$600,000
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
Review signs and symptoms of an aortic aneurysmOn December 22, 2009 the case was settled out of court for $600,000 by Western Indemnity Insurance Company.There was a long time period resolving this case because Western Indemnity Insurance Company had filed bankruptcy and was in receivership.Hence, I was never allowed to litigate this case.
 
Updates
 
No updates found.

 

 

This page is not displaying certain sensitive information.

Dr. DAVID WOSKA Medical Malpractice Lawsuits - Court Case # CA00213509 W

Indemnity Paid: $600,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200118197
Claim Number :16609-01
Date Submitted :3/1/2007
 
Insurer Information
 
Insurer NameCoverage Type
AMERICAN PHYSICIANS ASSURANCE CORPORATIONPrimary
Insurer FEINProfessional License Number
38-2102867 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualChristine Sampson
Street Address
200 East Gaines Street
CityStateZip
TallahasseeFL32399
PhoneExtFaxE-Mail Address
(850) 413 - 5358 (850) 921 - 8243Christine.Sampson@fldfs.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualDAVID WOSKA
Insurer TypeStreet Address of Practice
Licensed650 N. WYMORE RD, SUITE 101
CityStateZip CodeCounty
WINTER PARKFL32789Orange
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
125405$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME49199Surgery - Cardiovascular Disease80150

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSeminole
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
FLORIDA HOSPITAL - ALTAMONTE120004
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
2/11/20004/26/2000
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
CHEST PAIN
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
ALLEGED FAILURE TO PROPERLY EVALUATE MYOCARDIAL ESCHEMIA RESULTING IN NON-TREATMENT OF SAME, CAUSING DEATH.
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
11/7/2000CA00213509 W
County Suit Filed inDate of Final Disposition
Seminole10/17/2001
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
 
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$600,000
Loss Adjust Expense Paid to Defense Counsel$0
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$600,000
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 CONSULTED WITH DEFENSE COUNSEL AND CLAIMS PERSONEL REGARDING THIS MATTER.
 
Updates
 
 
Date of Change:3/1/2007 1:54:16 PM
Reason for Change:OIR updating Historical Closed Claim data.
 
Field ChangedFormer ValueNew Value
Name of InstitutionFLORIDA HOSPITAL - ALTAMONTE
Location Where InjuredOther LocationHospital Inpatient Facility
Injured Person Address CountyOrange
Insured Last NameWOSKA, MDWOSKA
County Injury Occurred InSeminole
Portal User Nameplcr_migration_dccs plcr_migration_dccsChristine Sampson
Insured License NumberME0049199ME49199
Location of Institutional InjuryPatients' Room

 

 

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

View All Medical Malpractice Cases In Seminole County Florida

Medical Malpractice Lawyers in Seminole county

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Andrew John Jones
John Edward Jones, P.A.
PO Box 181985
Casselberry, FL 32718-1985
407-834-5700
http://www.johnedwardjones.com
Specialty: Medical Malpractice
Eligble to practice in Seminole County Florida: Yes
Benjamin Webster Newman
Benjamin W. Newman, LLC
5415 Lake Howell Rd Ste 313
Winter Park, FL 32792-1033
407-305-8514
Specialty: Medical Malpractice
Eligble to practice in Seminole County Florida: Yes
Brian Alan Coury
The Coury Law Firm, P.A.
PO Box 951763
Lake Mary, FL 32795-1763
407-321-1013
http://courylawfirm.com
Specialty: Medical Malpractice
Eligble to practice in Seminole County Florida: Yes
Deborah Gallagher Warner
Warner & Warner PL
5200 S US Highway 17/92
Casselberry, FL 32707-3845
321-972-1889
http://www.warnerandwarner.com
Specialty: Medical Malpractice
Eligble to practice in Seminole County Florida: Yes
James Gabriel Vickaryous
James G. Vickaryous, P.A.
1515 International Pkwy Ste 2031
Lake Mary, FL 32746-7635
407-333-3332
http://www.yourfloridainjurylawyer.com/
Specialty: Medical Malpractice
Eligble to practice in Seminole County Florida: Yes
Joseph Dayton Foley Jr.
Joseph Dayton Foley, Jr. P.A.
283 Cranes Roost Blvd Ste 111
Altamonte Springs, FL 32701-3437
407-629-6060
Specialty: Medical Malpractice
Eligble to practice in Seminole County Florida: Yes
Paul N Schaefer
Paul N. Schaefer, Attorney at Law
1220 Commerce Park Dr Ste 201
Longwood, FL 32779-5014
407-774-7122
http://www.paulschaeferlaw.com
Specialty: Medical Malpractice
Eligble to practice in Seminole County Florida: Yes
Roger Basil Butcher
Roger B Butcher P A
PO Box 620069
Oviedo, FL 32762-0069
407-321-6635
Specialty: Medical Malpractice
Eligble to practice in Seminole County Florida: Yes
Scot Daniel Warner
Warner & Warner
5200 S US Highway 17/92
Casselberry, FL 32707-3845
321-972-1889
http://www.warnerandwarner.com
Specialty: Medical Malpractice
Eligble to practice in Seminole County Florida: Yes
Tricia Anne Madden
Tricia A. Madden, P.A.
108 Beaufort Dr
Longwood, FL 32779-5701
407-592-5022
Specialty: Medical Malpractice
Eligble to practice in Seminole 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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