Medical Malpractice Cases

Medical Malpractice Cases In Sumter County Florida

Dr. RICHARD ROACH Medical Malpractice Lawsuits - Court Case # 2019-CA-517

Indemnity Paid: $500,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M202093269
Claim Number : 388352
Date Submitted : 8/13/2020
 
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
IndividualRICHARD ROACH
Insurer TypeStreet Address of Practice
Licensed12109 CR 103
CityStateZip CodeCounty
OXFORDFL34484Sumter
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1633213$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME117782Urology - 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
 MSumter
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Hospital/InstitutionADVANCED UROLOGY INSTITUTE (LEESBURG)
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherPhysician's Office
Date of OccurrenceDate Reported to Insurer
9/21/20178/13/2019
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Renal calculus. (kidney stones)
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Left ESWL.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Alleged improper management of anti-coagulant pre-operatively resulting in stroke and neurologic injury.
Severity Of Injury
Permanent: Major - Paraplegia, blindness, loss of two limbs, brain damage.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
1/17/20202019-CA-517
County Suit Filed inDate of Final Disposition
Sumter8/10/2020
Other Defendants Involved in this Claim
Advanced Urology Institute
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
8/10/2020
 
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$14,415
All Other Loss Adjustment Expense Paid$15,633
Injured Person's Total Non-Economic Loss$468,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$32,000$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
The case was discussed with the insured and medical experts.
 
Updates
 
No updates found.

 

Dr. CESAR A EURIBE Medical Malpractice Lawsuits - Court Case # 2018-CA-000193

Indemnity Paid: $250,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M202092802
Claim Number : 1038385-01
Date Submitted : 6/23/2020
 
Insurer Information
 
Insurer Name Coverage Type
MEDICAL PROTECTIVE COMPANY (THE) Primary
Insurer FEIN Professional License Number
35-0506406  
Insurer Contact Information
Type First Name MI Last Name
Individual Lynn Louthan
Street Address
5814 Reed Road
City State Zip
Ft Wayne IN 46835
Phone Ext Fax E-Mail Address
(260) 486 - 0778     reportaclaim@medpro.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualCesarAEuribe
Insurer TypeStreet Address of Practice
Licensed2300 S Pine Ave Ste C
CityStateZip CodeCounty
OcalaFL34471Sumter
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
801542$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME45785Anesthesiology - Pain Management 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSumter
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
10/17/201611/10/2016
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Severe neck and left upper extremity pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Cervical translaminar epidural steroid injection
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
improper performance of steroid injections
Principal Injury Giving Rise To The Claim
Cardiopulmonary arrest and death
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
6/8/20182018-CA-000193
County Suit Filed inDate of Final Disposition
Sumter6/9/2020
Other Defendants Involved in this Claim
Florida Pain & Rehabilitation Associates Inc
dba Central Florida Pain Management
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
6/8/2020
 
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$17,287
All Other Loss Adjustment Expense Paid$8,659
Injured Person's Total Non-Economic Loss$125,000
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
n/a
 
Updates
 
No updates found.

 

Dr. HIGINIO B SERRA Medical Malpractice Lawsuits - Court Case # 2004-CA-000308

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200744138
Claim Number :29388-01
Date Submitted :1/26/2007
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCheriMMontague
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423043(904) 358 - 6728montague@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualHiginioBSerra
Insurer TypeStreet Address of Practice
Licensed303 E Dade Avenue
CityStateZip CodeCounty
BushnellFL33513Sumter
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
15550$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME20974Family Physicians or General Practitioners - No Surgery80242

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSumter
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
1/6/20039/15/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient initially presented with complaints of neck pain and raised areas of skin.Patient subsequently diagnosed with neurological deficits due to spider bite.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
None.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Alleged delay in diagnosis and treatment for spider bite.
Principal Injury Giving Rise To The Claim
Quadriplegia.
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
4/5/20042004-CA-000308
County Suit Filed inDate of Final Disposition
Sumter1/5/2007
Other Defendants Involved in this Claim
Farmer, Sheriff of Sumter Cnty, William O
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
1/5/2007
 
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$45,401
All Other Loss Adjustment Expense Paid$27,794
Injured Person's Total Non-Economic Loss$250,000
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. MARIVIC VILLA Medical Malpractice Lawsuits - Court Case # 2012CA000883

Indemnity Paid: $200,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201367388
Claim Number :10-0260-A-10
Date Submitted :12/10/2013
 
Insurer Information
 
Insurer NameCoverage Type
FD INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
20-3704679 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualMelodee Dixon
Street Address
4655 Salisbury Road
CityStateZip
JacksonvilleFL32256
PhoneExtFaxE-Mail Address
(904) 296 - 2887209(904) 296 - 1013mdixon@fldic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMARIVIC VILLA
Insurer TypeStreet Address of Practice
Licensed1507 Buenos Aires Blvd.
CityStateZip CodeCounty
The VillagesFL32159Sumter
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
12010$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME68756Internal Medicine - No Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSumter
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
6/23/201011/9/2010
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient presented to insured with a persistent cough, producing phlegm which cultured pseudomonas.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Prescription of Gentamycin.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
None made.
Principal Injury Giving Rise To The Claim
Alleged overdose of Gentamycin was given to the patient by a medical assistant, resulting in a balance and gait disorder.
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
6/8/20122012CA000883
County Suit Filed inDate of Final Disposition
Sumter5/17/2013
Other Defendants Involved in this Claim
Tri-County Pulmonary & Multi-Speciality Group, P.A.
Edwards, CNA, PamelaE
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
5/17/2013
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$200,000
Loss Adjust Expense Paid to Defense Counsel$48,922
All Other Loss Adjustment Expense Paid$0
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Circumstances of this case have been discussed with the insured and Risk Management was notified.
 
Updates
 
 
Date of Change:12/10/2013 9:18:15 AM
Reason for Change:Additional ALAE received.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel4271348922

 

 

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Dr. SAMMY VAUGHT Medical Malpractice Lawsuits - Court Case # 2003 CA 000329

Indemnity Paid: $195,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200432197
Claim Number :01-0286
Date Submitted :7/28/2004
 
Insurer Information
 
Insurer NameCoverage Type
CLARENDON NATIONAL INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
52-0266645 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualNancy  Thomas
Street Address
2000 West Sam Houston Parkway South, 19th Floor; One Briarlake Plaza
CityStateZip
HoustonTX77042-361
PhoneExtFaxE-Mail Address
(713) 935 - 8868 (713) 461 - 8130nancy_thomas@ajg.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualSammy Vaught
Insurer TypeStreet Address of Practice
Licensed601 E DIXIE AVE STE 901
CityStateZip CodeCounty
LEESBURGFL34748Lake
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
CMP0006661$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME76023Otorhinolaryngology - Minor Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSumter
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
LEESBURG REGIONAL MEDICAL CENTER100084
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
4/11/20012/14/2002
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Nasal obstructions
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Surgery to remove sinus polyps
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
N/A
Principal Injury Giving Rise To The Claim
Alleged negligent performance of nasal surgery wherein there was penetration through the bone, resulting in alleged hemorrhage and neurological damage
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
3/26/20032003 CA 000329
County Suit Filed inDate of Final Disposition
Sumter6/22/2004
Other Defendants Involved in this Claim
Hardy, Milstead, Vaught & Madonna, P.A.
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
6/27/2004
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$195,000
Loss Adjust Expense Paid to Defense Counsel$25,692
All Other Loss Adjustment Expense Paid$11,723
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Unknown
 
Updates
 
No updates found.

 

 

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Dr. MARIVIC VILLA Medical Malpractice Lawsuits - Court Case # 05CA186

Indemnity Paid: $137,500.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200536527
Claim Number :59118501
Date Submitted :10/11/2005
 
Insurer Information
 
Insurer NameCoverage Type
PHYSICIANS INSURANCE COMPANYPrimary
Insurer FEINProfessional License Number
13-4235490 
Insurer Contact Information
TypeFirst NameMILast Name
Individuals j
Street Address
3200 ne 14th street
CityStateZip
pompano beachFL33062
PhoneExtFaxE-Mail Address
(954) 788 - 5473  claims@picinsurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMARIVIC VILLA
Insurer TypeStreet Address of Practice
Licensed1501 US Hwy 441 North, Ste 1706
CityStateZip CodeCounty
The VillagesFL32159Sumter
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
131817$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME68756Internal Medicine - Minor Surgery 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MSumter
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
10/22/20029/29/2004
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Adenocarcinoma of the Colon
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Primary Care screening of colon cancer
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
This case involves an allegation from a 74 y/o married male patient that our insured failed to discuss or implement the appropriate screening for colon cancer which resulted in a 15 month delay in diagnosis of moderately differentiated adenocarcinoma of the colon.The pathology at the time of diagnosis (3/24/04) was classified as stage 111 with 2 out of 5 mesenteric lymph nodes positive.
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
2/1/200505CA186
County Suit Filed inDate of Final Disposition
Sumter8/8/2005
Other Defendants Involved in this Claim
Khanna, M.D., Diresh
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
9/6/2005
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$137,500
Loss Adjust Expense Paid to Defense Counsel$34,057
All Other Loss Adjustment Expense Paid$12,183
Injured Person's Total Non-Economic Loss$137,500
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 been consulted by defense counsel & claims management regarding the alleged issues in this matter.
 
Updates
 
 
Date of Change:10/11/2005 10:23:30 AM
Reason for Change:put in corrected claim number, previous was incorrect.
 
Field ChangedFormer ValueNew Value
Claim Number5911130159118501

 

 

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

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Dr. HARRY HUNTT Medical Malpractice Lawsuits - Court Case # 2013A001496

Indemnity Paid: $20,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201470242
Claim Number :303387
Date Submitted :3/25/2014
 
Insurer Information
 
Insurer NameCoverage Type
DOCTORS COMPANY, AN INTERINSURANCE EXCHANGE (THE)Primary
Insurer FEINProfessional License Number
95-3014772 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualTiffanyDTaylor
Street Address
13450 West Sunrise Blvd
CityStateZip
SunriseFL33323
PhoneExtFaxE-Mail Address
(877) 320 - 0748  TTaylor@thedoctors.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualHARRY HUNTT
Insurer TypeStreet Address of Practice
Licensed600 North Blvd West Suite C
CityStateZip CodeCounty
LeesburgFL34748Lake
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
0918337$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME30669Surgery - Orthopedic 

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FLake
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Outpatient Facility 
Name of InstitutionCode
LEESBURG REGIONAL MEDICAL CENTER100084
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
2/8/20132/15/2013
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Patient was scheduled to undergo a left trigger thumb release surgery.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Patient underwent a carpal tunnel release surgery.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Wrong surgery performed.
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
9/17/20132013A001496
County Suit Filed inDate of Final Disposition
Sumter3/25/2014
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
3/20/2014
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$20,000
Loss Adjust Expense Paid to Defense Counsel$5,226
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
Unknown
 
Updates
 
No updates found.

 

 

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

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Dr. CARLOS F JOHARY Medical Malpractice Lawsuits - Court Case # 2012-CA-000887

Indemnity Paid: $3,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201677790
Claim Number : 1009884-01
Date Submitted : 8/9/2016
 
Insurer Information
 
Insurer Name Coverage Type
FLORIDA MEDICAL MALPRACTICE JUA Primary
Insurer FEIN Professional License Number
59-1625412  
Insurer Contact Information
Type First Name MI Last Name
Individual SUSAN   SPIELMAN
Street Address
5814 Reed Street
City State Zip
Fort Wayne IN 46835
Phone Ext Fax E-Mail Address
(260) 486 - 0340   (260) 486 - 0782 SUSAN.SPIELMAN@MEDPRO.COM
 
Insured Information
 
TypeFirst NameMILast Name
IndividualCarlosFJohary
Insurer TypeStreet Address of Practice
Licensed11905 US Highway 301 North
CityStateZip CodeCounty
OxfordFL34484Sumter
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
FL010621$250,000$750,000
Profession or BusinessOther Profession or Business
Dentistry 
License NumberSpecialty Code & ClassificationCertification Number
DN13227Dentists - N.O.C. 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FLake
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Physician's Office 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
  
Date of OccurrenceDate Reported to Insurer
11/3/20118/22/2012
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Dental pain
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Implant
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Improper treatment
Principal Injury Giving Rise To The Claim
Failure of implant; pain and suffering, dental expense
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
6/11/20122012-CA-000887
County Suit Filed inDate of Final Disposition
Sumter3/28/2016
Other Defendants Involved in this Claim
Oxford Dental Care LLC
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
3/25/2016
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$3,000
Loss Adjust Expense Paid to Defense Counsel$15,615
All Other Loss Adjustment Expense Paid$1,753
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
N/A
 
Updates
 
 
Date of Change:4/1/2016 2:16:42 PM
Reason for Change:Corrected city, state, zip - insured's address
 
Field ChangedFormer ValueNew Value
Insured Zip Code3215934484
Insured Address CityThe VillagesOxford
 
Date of Change:8/9/2016 2:30:47 PM
Reason for Change:ALE UPDATED 8/9/2016
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid11491753
Amount of Loss Adjustment Expense Paid to Defense Counsel1374615615

 

 

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View All Medical Malpractice Cases In Sumter County Florida

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Medical Malpractice Lawyers in Sumter county

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Frequently Asked Questions

Who can file a medical malpractice lawsuit in Florida?

Typically an attorney who specializes in medical malpractice and is licensed in the state of Florida.

Can you file a medical malpractice lawsuit without a lawyer?

Yes you can, however it is highly advised not to as the medical malpractice case law is very complex

What kind of attorney do I need to sue a doctor?

You should look for an attorney who specializes in medical malpractice, you can also search for tort lawyer.

What percentage do malpractice lawyers get?

Most medical malpractice attorneys charge at least a 40% contingency fee.

How long do you have to sue for medical malpractice in Florida?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

Is there a cap on medical malpractice in Florida?

With respect to a cause of action for personal injury or wrongful death arising from medical negligence of practitioners, regardless of the number of such practitioner defendants, noneconomic damages shall not exceed $500,000 per claimant. No practitioner shall be liable for more than $500,000 in noneconomic damages, regardless of the number of claimants. see http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.118.html

Do doctors in Florida have to have malpractice insurance?

Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. However, certain part-time physicians who meet state requirements are exempt from the financial responsibility law. see http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0458/Sections/0458.320.html

Is there a time limit to file a medical malpractice suit?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

What is considered medical malpractice in Florida?

Medical Malpractice in Florida is defined as significant harm. This means that the injury must be serious enough to have resulted in significant healthcare expenses, missed work and caused ongoing pain and suffering.

What is the statute of limitations for legal malpractice in Florida?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

Who can file a wrongful death suit in Florida?

Florida law requires a representative of the deceased person's estate to file the wrongful death claim. The representative may be named in the will or estate plan. The court will appoint a representative if there is no will or estate plan

What is the statute of limitations for wrongful death in Florida?

Under the 2019 Florida statutes, the statute of limitations for wrongful death is within two years of the date of death for most cases.

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