Medical Malpractice Cases

Medical Malpractice Cases In St. Johns County Florida

Dr. MICHAEL J BORN Medical Malpractice Lawsuits - Court Case # CA-14-0645

Indemnity Paid: $950,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M202091207
Claim Number : EMC-FL-13-255200
Date Submitted : 1/21/2020
 
Insurer Information
 
Insurer Name Coverage Type
EmCare Holdings, Inc. Primary
Insurer FEIN Professional License Number
75-173235 SI
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
IndividualMICHAELJBORN
Insurer TypeStreet Address of Practice
Self-Insurer19401 ROOSEVELT RD
CityStateZip CodeCounty
SOUTH BENDIN46614Out of state
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HAZ1040025381-11$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME109631Emergency Medicine - Including Major Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
FLAGLER HOSPITAL100090
Location of Institutional InjuryOther Location of Institutional Injury
OtherER
Date of OccurrenceDate Reported to Insurer
3/23/20122/3/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
SEPSIS
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEEN IN ER, EXAMINED AND TRANSFERRED TO FLOOR
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ALLEGED FAILURE TO IMMEDIATELY TRANSFER PATIENT WITH SEPSIS TO TERTIARY CENTER
Principal Injury Giving Rise To The Claim
STEVENS JOHNSON SYNDROME, LEFT KNEE AMPUTATION AND DEBRIDEMENT OF MUSCLES OF RIGHT LEG.
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
5/28/2014CA-14-0645
County Suit Filed inDate of Final Disposition
St. Johns1/21/2020
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
OtherSETTLED BY PARTIES
Arbitration
Claim subject to arbitration, but settlement reached in lieu of award.
Date of Payment
12/12/2019
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$950,000
Loss Adjust Expense Paid to Defense Counsel$261,336
All Other Loss Adjustment Expense Paid$51,906
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.

 

Dr. BARBARA CHASE MCKINNEY Medical Malpractice Lawsuits - Court Case # 16-2000 CA 002671

Indemnity Paid: $750,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200955092
Claim Number :34925-01
Date Submitted :10/8/2009
 
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
IndividualBARBARA CHASE MCKINNEY
Insurer TypeStreet Address of Practice
Licensed1350 13th Avenue South
CityStateZip CodeCounty
Jacksonville BeachFL32250St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
67619$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME67010Family Physicians or General Practitioners - Minor Surgery80143

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSt. Johns
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
1/1/200311/15/2006
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Nasal pharyngeal invasive carcinoma.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured read pathological specimens submitted by surgeon.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Insured misread pathology submitted by surgeon.
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
4/11/200716-2000 CA 002671
County Suit Filed inDate of Final Disposition
St. Johns9/18/2009
Other Defendants Involved in this Claim
Ioannides, M.D., Kryakos
O'Laughlin, M.D., Sabine
Sandler, M.D., E D
Baptist Medical Center-Beaches & Downtown
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/18/2009
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$750,000
Loss Adjust Expense Paid to Defense Counsel$30,966
All Other Loss Adjustment Expense Paid$20,797
Injured Person's Total Non-Economic Loss$750,000
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. PACHAVIT KASEMSAP Medical Malpractice Lawsuits - Court Case # CA-08-1352

Indemnity Paid: $637,963.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201264454
Claim Number :258698
Date Submitted :7/31/2012
 
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 160
CityStateZip
SunriseFL33323
PhoneExtFaxE-Mail Address
(954) 838 - 9988 (866) 636 - 5421alafrance@thedoctors.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualPachavit Kasemsap
Insurer TypeStreet Address of Practice
Licensed2825 North State Road 7, Suite 300
CityStateZip CodeCounty
MargateFL33063Broward
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
345372$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME87867Surgery - General 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Johns
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
FLAGLER HOSPITAL100090
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
12/28/20062/14/2008
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Epigastric pain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Laparoscopic cholecystectomy with intra-operative cholangiogram.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Alleged transection of the patient's common duct and hepatic artery.
Severity Of Injury
Temporary: Slight - Lacerations, contusions, minor scars, rash.No delay.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
7/8/2008CA-08-1352
County Suit Filed inDate of Final Disposition
St. Johns7/27/2012
Other Defendants Involved in this Claim
Surgical Associates of North Florida, LLC
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
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$637,963
Loss Adjust Expense Paid to Defense Counsel$180,000
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$400,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$100,000$0
Wage Loss$0$0
Other Expenses$137,963$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Unknown.
 
Updates
 
No updates found.

 

 

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

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Dr. MICHAEL J BORN Medical Malpractice Lawsuits - Court Case # CA14-0646

Indemnity Paid: $500,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201987979
Claim Number : EMC-FL-13-249568
Date Submitted : 2/22/2019
 
Insurer Information
 
Insurer Name Coverage Type
EmCare Holdings, Inc. Primary
Insurer FEIN Professional License Number
75-173235 SI
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
IndividualMICHAELJBORN
Insurer TypeStreet Address of Practice
Self-Insurer19401 ROOSEVELT RD.
CityStateZip CodeCounty
SOUTH BENDIN46614Out of state
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
HAZ1040025381-11$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME109631Emergency Medicine - No Major Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Emergency Room 
Name of InstitutionCode
FLAGLER HOSPITAL100090
Location of Institutional InjuryOther Location of Institutional Injury
OtherER
Date of OccurrenceDate Reported to Insurer
11/18/201111/21/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
RED SWOLLEN PAINFUL AREA ON THE RIGHT LEG AND THIGH
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
SEE IN ER
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
ALLEGED FAILURE TO TIMELY DIAGNOSE AND TREAT
Principal Injury Giving Rise To The Claim
INFECTION AND NECROTIZING FASCITIS.
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
5/9/2014CA14-0646
County Suit Filed inDate of Final Disposition
St. Johns2/22/2019
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 DecisionOther
No Court Proceedings. 
Arbitration
Claim subject to arbitration, but settlement reached in lieu of award.
Date of Payment
1/24/2019
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$500,000
Loss Adjust Expense Paid to Defense Counsel$70,105
All Other Loss Adjustment Expense Paid$35,294
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.

 

Dr. BRETT W CUTLER Medical Malpractice Lawsuits - Court Case # CA02-2666

Indemnity Paid: $500,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200850702
Claim Number :6301-01
Date Submitted :9/2/2008
 
Insurer Information
 
Insurer NameCoverage Type
PODIATRY INSURANCE COMPANY OF AMERICAPrimary
Insurer FEINProfessional License Number
58-1403235 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKaren Kessler
Street Address
110 Westwood Place
CityStateZip
BrentwoodTN37027
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualBrettWCutler
Insurer TypeStreet Address of Practice
Licensed105 Southpark Blvd.
CityStateZip CodeCounty
St. AugustineFL32086St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1-6596$500,000$1,500,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO2940  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FSt. Johns
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
3/27/20029/7/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Left heel pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
X-ray of left heel
Diagnostic Code :726.71
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
This is not a claim for malpractice.While getting an x-ray of the heel and repositioning her foot, the patient apparently lost her balance and fell.It appears that insured acted properly, notifying EMS, evaluating patient?s vitals, checking for obvious injury and keeping the patient mostly still until the arrival of EMS, at which time patient had no complaints other than some mild back tenderness and refused treatment.She was sent for an MRI, which shows she had a mild fracture that may have been a pathologic fracture from osteoporosis.Our expert questioned the nature of the injury and is of the opinion that patient and her husband were looking for gain.
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
12/16/2002CA02-2666
County Suit Filed inDate of Final Disposition
St. Johns8/20/2008
Other Defendants Involved in this Claim
PEARCE, BETH S
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
8/21/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$500,000
Loss Adjust Expense Paid to Defense Counsel$50,615
All Other Loss Adjustment Expense Paid$5,751
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
None - specialty code #80993
 
Updates
 
No updates found.

 

 

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

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Dr. DEREK D MUEHRCKE Medical Malpractice Lawsuits - Court Case # 08-CA-858

Indemnity Paid: $400,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200850375
Claim Number :25795/26616
Date Submitted :8/4/2008
 
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
IndividualDerekdMuehrcke
Insurer TypeStreet Address of Practice
Licensed1820 Barrs Street, Suite 701
CityStateZip CodeCounty
JacksonvilleFL32204Duval
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600689 06$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME70163Surgery - Cardiac1601

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
FLAGLER HOSPITAL100090
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
6/26/20076/28/2007
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Coronary artery disease
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Left carotid endarterectomy
Diagnostic Code :429.2
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to perform surgery on correct side
Principal Injury Giving Rise To The Claim
Wrong side surgery
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
4/18/200808-CA-858
County Suit Filed inDate of Final Disposition
St. Johns7/23/2008
Other Defendants Involved in this Claim
Cardiothoracic and Vascular Surgical Assoc.
Stage of Legal System at which Settlement was Reached or Award Made
Within 90 days of suit being filed.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
7/11/2008
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$400,000
Loss Adjust Expense Paid to Defense Counsel$4,194
All Other Loss Adjustment Expense Paid$7,030
Injured Person's Total Non-Economic Loss$400,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$1,000$0
Wage Loss$20,800$0
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. MARC A WARMUTH Medical Malpractice Lawsuits - Court Case # CA06-40

Indemnity Paid: $400,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200747776
Claim Number :21597
Date Submitted :1/30/2008
 
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
IndividualMarcAWarmuth
Insurer TypeStreet Address of Practice
Licensed67 South Dixie Highway
CityStateZip CodeCounty
St. AugustineFL32174Volusia
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600149 03$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME73421Neoplastic Diseases - No Surgery4814

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
  
Location of Institutional InjuryOther Location of Institutional Injury
Special Procedure Room 
Date of OccurrenceDate Reported to Insurer
7/28/200310/10/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Breast Cancer
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Administration of chemotherapy
Diagnostic Code :233.0
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to recognize unresolved medical contraindications
Principal Injury Giving Rise To The Claim
ARDS
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/2/2006CA06-40
County Suit Filed inDate of Final Disposition
St. Johns12/14/2007
Other Defendants Involved in this Claim
North Florida Cancer 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
11/28/2007
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$400,000
Loss Adjust Expense Paid to Defense Counsel$31,195
All Other Loss Adjustment Expense Paid$25,078
Injured Person's Total Non-Economic Loss$400,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$10,000$0
Wage Loss$0$0
Other Expenses$16,525$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Risk management has counseled insured
 
Updates
 
 
Date of Change:1/30/2008 12:21:52 PM
Reason for Change:Report updated to reflect Court Document final disposition date of 12/14/07
 
Field ChangedFormer ValueNew Value
Date of Final Disposition14-NOV-0714-DEC-07

 

 

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Dr. RICHARD CAPUTO Medical Malpractice Lawsuits - Court Case # CA-2013-0851

Indemnity Paid: $350,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201469582
Claim Number :FP4374301
Date Submitted :1/30/2014
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKelly Andrews
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(904) 360 - 3038  kandrews@thedoctors.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualRichard Caputo
Insurer TypeStreet Address of Practice
Licensed301 Health Park Blvd., Suite 214
CityStateZip CodeCounty
St. AugustineFL32086St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
IN009562$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME26849Nephrology - Minor Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSt. Johns
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
FLAGLER HOSPITAL100090
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
7/9/201111/6/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
ESRD patient presented to ED with chest pain.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Nephrology Consultation.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Disputed allegations of failing to timely diagnose and treat the patients underlying sepsis and pericardial effusion.
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
5/31/2013CA-2013-0851
County Suit Filed inDate of Final Disposition
St. Johns1/23/2014
Other Defendants Involved in this Claim
Flagler Hospital
Kiekover, Brian
Mesri, Janet
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$350,000
Loss Adjust Expense Paid to Defense Counsel$18,697
All Other Loss Adjustment Expense Paid$7,889
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. KRISHNA M SIKARIA Medical Malpractice Lawsuits - Court Case # CA12-2388

Indemnity Paid: $300,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201573692
Claim Number : 42174
Date Submitted : 3/6/2015
 
Insurer Information
 
Insurer Name Coverage Type
MAG MUTUAL INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
58-1449198  
Insurer Contact Information
Type Entity Name
Entity MAG MUTUAL INSURANCE COMPANY
Street Address
8427 South Park Circle Suite 130
City State Zip
Orlando FL 32819
Phone Ext Fax E-Mail Address
(407) 370 - 3813   (407) 370 - 2247 ctschanz@magmutual.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKrishnaMSikaria
Insurer TypeStreet Address of Practice
Licensed301 Health Park Blvd., Ste. 329
CityStateZip CodeCounty
Saint AugustineFL32086St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
PSL 1600759 10$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME64435Cardiovascular Disease - Minor Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FFlagler
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
FLAGLER HOSPITAL100219
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
4/14/20116/14/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Nausea, vomiting, and severe abdominal pain; UTI'; history of cardiomyopathy
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
No iatrogenic injury
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to refer patient to tertiary care center for heart transplantation
Principal Injury Giving Rise To The Claim
Respiratory arrest and hypotension
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/6/2012CA12-2388
County Suit Filed inDate of Final Disposition
St. Johns2/27/2015
Other Defendants Involved in this Claim
Amin, MD, Mohammad B
Smith, MD, Mark A
Flagler Hospital
JH Gatewood Emergency Services
Emcare
Heart Center of St. Augustine
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
2/27/2015
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$300,000
Loss Adjust Expense Paid to Defense Counsel$78,978
All Other Loss Adjustment Expense Paid$19,741
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$922,927
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. JAMES GRIMES Medical Malpractice Lawsuits - Court Case # CA14-256

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201472714
Claim Number : 13-12-70271-A
Date Submitted : 11/19/2014
 
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 William S Bliss
Street Address
245 Riverside Avenue
City State Zip
Jacksonville FL 32202
Phone Ext Fax E-Mail Address
(904) 482 - 4068   (904) 354 - 4813 saunders@mymedmal.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualJames Grimes
Insurer TypeStreet Address of Practice
LicensedOne Orthopedic Place
CityStateZip CodeCounty
St. AugustineFL32086St. Johns
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FL707111$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME68197Surgery - Orthopedic 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSt. Johns
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
FLAGLER HOSPITAL100090
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
3/13/201212/2/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Knee replacement.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Knee replacement.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged failure to treat MRSA infection.
Principal Injury Giving Rise To The Claim
MRSA infection.
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
4/21/2014CA14-256
County Suit Filed inDate of Final Disposition
St. Johns10/21/2014
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
10/21/2014
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$250,000
Loss Adjust Expense Paid to Defense Counsel$35,575
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
Company personnel consulted with insured.
 
Updates
 
No updates found.

 

 

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View All Medical Malpractice Cases In St. Johns County Florida

Search For Medical Malpractice Cases By ZipCode in St. Johns County

3208032081320823208432085320863209232095321143225032256322593278033213

Medical Malpractice Lawyers in St. Johns county

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Albert Heinz Lechner
Morgan & Morgan, PA
2601 N Ponce De Leon Blvd
St Augustine, FL 32084-2642
904-417-4170
http://www.forthepeople.com
Specialty: Medical Malpractice
Eligble to practice in St. Johns County Florida: Yes
Chelsey Hirsch Grife
Grife Law Office PLLC & Footlaw.com
450 State Road 13 Ste 106 # 316
Jacksonville, FL 32259-3863
904-230-0025
http://www.footlaw.com
Specialty: Medical Malpractice
Eligble to practice in St. Johns County Florida: Yes
Daniel Aaron Mowrey
Mowrey Law Firm PLLC
2801 N 3rd St
St Augustine, FL 32084-1858
904-824-7799
http://www.mowreylaw.com
Specialty: Medical Malpractice
Eligble to practice in St. Johns County Florida: Yes
David D Naples Jr.
Naples & Spence, Attorneys at Law, PLLC
2807 N 10th St Ste 7
Saint Augustine, FL 32084-1871
904-657-7117
http://www.naplesandspencelaw.com
Specialty: Medical Malpractice
Eligble to practice in St. Johns County Florida: Yes
Jay S Grife
Grife Law Office PLLC & Footlaw.com
450 State Road 13 Ste 106 # 316
Saint Johns, FL 32259-3863
904-230-0025
http://www.footlaw.com
Specialty: Medical Malpractice
Eligble to practice in St. Johns County Florida: Yes
Joshua August Woolsey
Woolsey Morcom
203 Fort Wade Rd Unit 105
Ponte Vedra, FL 32081-5159
904-638-4235
http://www.woolseymorcom.com
Specialty: Medical Malpractice
Eligble to practice in St. Johns County Florida: Yes
Joshua Richard Saxon
Mowrey Law Firm, PLLC
2801 N 3rd St
St Augustine, FL 32084-1858
904-824-7799
http://www.mowreylaw.com
Specialty: Medical Malpractice
Eligble to practice in St. Johns County Florida: Yes
Paul Edward Risner
Paul E. Risner, P.A.
PO Box 600931
Jacksonville, FL 32260-0931
904-477-9000
Specialty: Medical Malpractice
Eligble to practice in St. Johns 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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