Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
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Department File Number : | M202092133 |
Claim Number : | 61604 |
Date Submitted : | 4/6/2020 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
MAG MUTUAL INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
58-1449198 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Markavia | Martin | |||
Street Address | |||||
3535 Piedmont RD Building 14 Suite 1000 | |||||
City | State | Zip | |||
Atlanta | GA | 30305 | |||
Phone | Ext | Fax | E-Mail Address | ||
(404) 842 - 5600 | mmartin@magmutual.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | ROBERT | STROBLE | |||
Insurer Type | Street Address of Practice | ||||
Licensed | 66 Redfish Circle | ||||
City | State | Zip Code | County | ||
Santa Rosa Beach | FL | 32459 | Okaloosa | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
PSL 1601549 14 | $1,000,000 | $3,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME117350 | Radiology - interventional |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Okaloosa | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Other Location | Not in inpatient facility | ||||
Name of Institution | Code | ||||
N/A | 000000 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Radiology, Emergency Room | |||||
Date of Occurrence | Date Reported to Insurer | ||||
6/3/2016 | 3/31/2017 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
Back injury | |||||
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 diagnose spinal stenosis resulted in cauda equina | |||||
Principal Injury Giving Rise To The Claim | |||||
Spinal stenosis | |||||
Severity Of Injury | |||||
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
11/13/2018 | 2018-CA-00032 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Walton | 3/11/2020 | ||||
Other Defendants Involved in this Claim | |||||
Bogle, sSarah Lysack, Glenn Van, Chinh Destin Regional Imaging Center Sacred Heart Health System White Wilson Medical Center Eppley, Kurt | |||||
Stage of Legal System at which Settlement was Reached or Award Made | |||||
Within the pre-suit period as set forth in 766.106 (more than 90 days before suit is filed). | |||||
Final Method of Claim Disposition | |||||
Settled by parties | |||||
Court Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
2/28/2020 |
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 | $59,529 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $2,144 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
Risk Management has counseled insured |
Updates | |
No updates found. |
Department File Number : | M201677369 |
Claim Number : | SM270738 |
Date Submitted : | 2/29/2016 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
EVANSTON INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
36-2950161 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | CRYSTAL | L | ALSTONBAYTON | ||
Street Address | |||||
4600 COX ROAD | |||||
City | State | Zip | |||
GLEN ALLEN | VA | 23060 | |||
Phone | Ext | Fax | E-Mail Address | ||
(804) 864 - 3731 | (855) 662 - 7535 | CALSTONBAYTON@MARKELCORP.COM |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | ALFREDO | CARTAYA | |||
Insurer Type | Street Address of Practice | ||||
Licensed | 6150 AZALEA ROAD | ||||
City | State | Zip Code | County | ||
PENSACOLA | FL | 32504 | Escambia | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
SM895691 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME20546 | Emergency Medicine - No Major Surgery |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Walton | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Other Outpatient Facility | HEALTHMARK EMERGENCY DEPT | ||||
Name of Institution | Code | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Patients' Room | |||||
Date of Occurrence | Date Reported to Insurer | ||||
6/8/2013 | 4/25/2014 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
ON JUNE 8, 2013 CLMT PRESENTED TO HEALTHMARK EMERGENCY DEPARTMENT WITH FACIAL DROOPING, WEAKNESS AND WHAT WAS ALLEGED TO BE SIGNS OF A SLIGHT STROKE, AND THE ER PHYSICIAN TREATED HER FOR ¿EARLY BELLS PALSY¿. HOWEVER, ON JUNE 16, 2013 CLMT SUFFERED AN ISCHEMIC CVA THAT CAUSED PERMANENT DISFIGUREMENT, DISABILITY AND THE NEED FOR CONTINUING CARE. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
CLMT PRESENTED TO HEALTHMARK ED WITH HISTORY OF HYPERTENSION AND ON BIRTH CONTROL. SHE HAD DROOPING FACE FOR ONE DAY PRIOR AND THIS WAS STILL PRESENT. EXAM FOUND MILD FACIAL WEAKNESS WITH NO FRONTALIS PALSY. EXTRA OCULAR MOTIONS AND SPEECH WERE NORMAL. LEFT UPPER EXTREMITY STRENTH 2/5 AND LEFT LOWER 4/5. RIGHT UPPER EXTREMITY AND RIGHT LOWER STRENGTH WAS 5/5. INSD DR DIAGNOSED CLMT WITH EARLY BELLS PALSY, INSTRUCTED HER TO FOLLOW UP WITH PCP IN SEVERAL DAYS, AVOID EXTREME TEMPS IN THE FACE AND PUT CLMT ON FERROUS SULFATE AND PREDNISONE ALONG WITH ZOVARAX. CLMT DID NOT SEE PCP, INSTEAD WENT TO HOSPITAL EIGHT DAYS LATER ON JUNE 16, 2013 WITH COMPLAINT OF WEAKNESS. THERE WAS TINGLING AND WEAKNESS IN LEFT ARM AND LEG AND NOTED SLURRED SPEECH SINCE THE PRIOR WEEK. CLMT ALSO NOTED LEFT FACIAL DROOP AND NUMBNESS IN FOREHEAD AND HEADACHE. CLMT NOTED GAIT CHANGES, PARALYSIS, PARESTHESIA, SENSORY CHANGES AND SPEECH CHANGES. EXAM SHOWED LEFT UPPER EXTREMITY SENSATION 2/5, SPEECH SLURRED AND HER MOTOR EXAM SHOWED 4/5 STRENGTH ON LEFT WITH EXAM NORMAL ON RIGHT AT 5/5. LEFT UPPER EXTREMITY WAS 2/5. MILD ATAXIA WITH DRIFT TO THE LEFT. CT SHOWED HYPODENSITY ON THE RIGHT PUTAMEN CONCERNING FOR CVA. DIAGNOSIS WAS PRIMARY STROKE, CEREBRAL ARTERY OCCLUSION WITH CEREBRAL INFARCT. ALSO NOTED IN THE ER TO HAVE PTOSIS OF THE LEFT EYE, FACIAL NUMBNESS TO THE LEFT SIDE OF THE FACE, PARESTHESIA DESCRIBED AS TINGLING TO THE LEFT SIDE OF THE FOREHEAD AND HER HAND GRASPS WERE UNEQUAL WITH RIGHT STRONGER THAN LEFT. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
CLAIMANT TREATED FOR EARLY BELLS PALSY INSTEAD OF BEING TREATED FOR STROKE | |||||
Principal Injury Giving Rise To The Claim | |||||
ALLEGED THAT DR CARATAYA AND HEALTHMARK EMPLOYEES OR STAFF FAILED TO PROPERLY CARE FOR CLMT WHEN SHE PRESENTED TO HEALTHMARK ED ON JUNE 8, 2013 WITH SIGNS OF A SLIGHT STROKE. THE ER PHYSICIAN TREATED THE CLMT FOR EARLY BELLS PALSY ; HOWEVER, ON JUNE 16, 2013, CLMT SUFFERED AN ISCHEMIC CVA THAT CAUSED PERMANENT DISFIGUREMENT, DISABILITY, AND THE NEED FOR CONTINUING CARE. | |||||
Severity Of Injury | |||||
Permanent: Minor - Loss of fingers, loss or damage to organs. Includes non-disabling injuries. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
8/12/2014 | 662014CA000489CAAXMX | ||||
County Suit Filed in | Date of Final Disposition | ||||
Walton | 6/10/2015 | ||||
Other Defendants Involved in this Claim | |||||
HEALTHMARK OF WALTON, 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 Decision | Other | ||||
Other | ORDER OF DISMISSAL WITH PREJUDICE | ||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
5/19/2015 |
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 | $21,949 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $15,000 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
NONE |
Updates | |
No updates found. |
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Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
*NR:Prior to 04/28/1999 this field was not required in submitted claims. This page is not displaying certain sensitive information. |
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
This page is not displaying certain sensitive information. |
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
This page is not displaying certain sensitive information. |
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
This page is not displaying certain sensitive information. |
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
This page is not displaying certain sensitive information. |
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
This page is not displaying certain sensitive information. |
Department File Number : | M201783656 |
Claim Number : | 335900 |
Date Submitted : | 11/17/2017 |
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 | |||||
Type | First Name | MI | Last Name | ||
Individual | Christopher | J | Bacani | ||
Insurer Type | Street Address of Practice | ||||
Licensed | 4901 Grande Drive | ||||
City | State | Zip Code | County | ||
Pensacola | FL | 32504 | Escambia | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
0951458 | $1,000,000 | $3,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME96365 | Anesthesiology - All Other |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
F | Escambia | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
SACRED HEART HOSPITAL (PENSACOLA) | 100025 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Operating Suite | |||||
Date of Occurrence | Date Reported to Insurer | ||||
6/12/2014 | 11/10/2015 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
Chronic pelvic pain with failed medical management. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
General anesthesia administration for planned diagnostic laparoscopy. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
Disputed allegations of incorrect timing and administration of Robinol and Neostigmine resulting in bradycardia with cardiac arrest. | |||||
Principal Injury Giving Rise To The Claim | |||||
Patient suffered intraoperative cardiac arrest and was successfully resuscitated. She now claims to suffer from anxiety with tremors and rapid heartbeat; all pre-existing conditions. | |||||
Severity Of Injury | |||||
Emotional Only - Fright, no physical damage |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
2/26/2016 | 2016-CA-62 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Walton | 11/6/2017 | ||||
Other Defendants Involved in this Claim | |||||
Panhandle Anesthesiology Associates, PA | |||||
Stage of Legal System at which Settlement was Reached or Award Made | |||||
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference. | |||||
Final Method of Claim Disposition | |||||
Settled by parties | |||||
Court Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
11/6/2017 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $75,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $12,508 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $3,045 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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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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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.