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Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Department File Number :	M2025113936
Claim Number :	2025-09-200-004
Date Submitted :	12/4/2025

 

Insurer Information
Insurer Name				Coverage Type
LEXINGTON INSURANCE COMPANY				Primary
Insurer FEIN		Professional License Number
25-1149494
Insurer Contact Information
Type	First Name		MI	Last Name
Individual	Laura			Scalzi
Street Address
2985 Drew Street
City				State	Zip
Clearwater				FL	33759
Phone	Ext	Fax	E-Mail Address
(727) 315 - 5839		(727) 519 - 1276	laura.scalzi@baycare.org

 

Insured Information
Type	First Name		MI	Last Name
Individual	Daniel		S	Diaco
Insurer Type		Street Address of Practice
Licensed		300 S. Hyde Park Ave, Suite 100
City		State	Zip Code	County
Tampa		FL	33606	Hillsborough
Policy Number		Per Claim Policy Limits		Aggregate Policy Limits
120-73-194		$250,000		$750,000
Profession or Business			Other Profession or Business
Medical Doctor
License Number		Specialty Code & Classification		Certification Number
ME69878		Surgery - Plastic

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	Hillsborough
City				State	Zip Code
Location where injury occured			Other location where injury occured
Physician's Office
Name of Institution			Code
N/A			000000
Location of Institutional Injury			Other Location of Institutional Injury
Operating Suite
Date of Occurrence			Date Reported to Insurer
4/1/2025			4/24/2025

 

Diagnostic Information
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
On 4/1/25, Dr. Diaco was preparing to do a hair transplant procedure on 60-year-old female. The patient was in the prone position and was given multiple local injections of 1% Lidocaine with epinephrine totaling 60 ml, and ¼% Marcaine with epinephrine for a total dose of 40 ml. The patient received a total of 100 ml of local anesthetic within the relevant timeframe. During one of the injections, the patient reacted in pain, and she was rolled over so that she was face up and he removed the mouthpiece that was used to inhale the ProNox (50% Nitrous Oxide and 50% oxygen). She became unresponsive and then had a seizure. They started doing chest compressions and called 911. It took approximately 11 minutes for EMS to arrive. About 1-2 minutes prior to arrival of EMS, the patient stopped breathing. EMS took the patient to the hospital, where she was later determined to be brain dead, and the husband made the decision to remove from life support. She expired on 4/7/25.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Injection of lidocaine, epinephrine and Marcaine in the scalp in preparation for the hair transplant.
Diagnostic Code :
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Death.
Severity Of Injury
Permanent: Death.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
Date of Suit			Circuit Court Case Number
			*NR
County Suit Filed in			Date of Final Disposition
*NR			12/1/2025
Other Defendants Involved in this Claim
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
12/1/2025

 

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					$19,543
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
Any risk issues have been addressed.

 

Updates

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

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