PLCR

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M2023102520
Claim Number : 20-45051
Date Submitted : 4/6/2023
 
Insurer Information
 
Insurer Name Coverage Type
THE HEALTHCARE UNDERWRITING COMPANY, A RISK RETENTION GROUP Primary
Insurer FEIN Professional License Number
20-2837805  
Insurer Contact Information
Type First Name MI Last Name
Individual Ashley B Cole-Tyson
Street Address
14201 DALLAS PARKWAY
City State Zip
Dallas TX 75254
Phone Ext Fax E-Mail Address
(305) 962 - 8904     ashley.coletyson@tenethealth.com
 
Insured Information
 
Type First Name MI Last Name
Individual FERNANDO   BAYRON-VELEZ
Insurer Type Street Address of Practice
Licensed 4900 West Oakland Park Boulevard, North Building, Suite 101
City State Zip Code County
Lauderdale Lakes FL 33313 Broward
Policy Number Per Claim Policy Limits Aggregate Policy Limits
RRG-2019/20-1 FL $250,000 $750,000
Profession or Business Other Profession or Business
Medical Doctor  
License Number Specialty Code & Classification Certification Number
ME93401 Surgery - General  

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First Name MI Last Name Date of Birth
       
Street Address Gender County where Injury Occurred
  M Broward
City State Zip Code
     
Location where injury occured Other location where injury occured
Hospital Inpatient Facility  
Name of Institution Code
FLORIDA MEDICAL CENTER 100210
Location of Institutional Injury Other Location of Institutional Injury
Operating Suite  
Date of Occurrence Date Reported to Insurer
7/26/2018 4/8/2020
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The patient was diagnosed with an inguinal hernia and presented to Dr. Bayron for robotic hernia repair.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Dr. Bayron performed robotic bilateral hernia repairs with placement of mesh. Plaintiffs allege that the patient suffered a bowel perforation and that Dr. Bayron should have taken him back to surgery urgently. Dr. Bayron acknowledged the bowel perforation and took the conservative approach to drain the abscess thereby allowing the inflammation of the abdomen to decrease and provide the patient with the best outcome.
Diagnostic Code :  
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No misdiagnosis at issue.
Principal Injury Giving Rise To The Claim
After discharge, the patient developed abdominal pain, infection, intra-abdominal abscess and complications with drains while Dr. Bayron opted to wait three months for repair while a drain remained in place. On October 16, 2018, he addressed a fistula at the cecum and resected, performing an anastomosis.
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 Suit Circuit Court Case Number
9/25/2020 CACE 20015650
County Suit Filed in Date of Final Disposition
Broward 3/30/2023
Other Defendants Involved in this Claim
Vasudevan, M.D., Vanitha
Joseph, M.D., Romane
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
2/28/2023
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff? Yes
Indemnity Paid by Insurer on behalf of Insured $540,000
Loss Adjust Expense Paid to Defense Counsel $0
All Other Loss Adjustment Expense Paid $0
Injured Person's Total Non-Economic Loss $0
Deductible $0
Injured Person's Total Economic Loss
  Incurred to Date Anticipated
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 known.
 
Updates
 
No updates found.

 

 

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