California: Malpractice Payment of $17,500 for Injury to a Male Patient in his 80s (2022)

In 2022, a non-insurance malpractice payment was made on behalf of a physician (MD) in California for approximately* $17,500. Payment was made in response to a claim of medical malpractice claim involving what was described as a "major temporary injury" to a male patient between 80 and 90 years old. The nature of the claim is broadly described as: "surgery related." The payment report submitted by a self-insured entity described two separate allegations of "Surgical or Other Foreign Body Retained."

* The payment amount is approximate because the National Practitioner Data Bank codes payments as a range value. The report's description of $17,500 corresponds to a malpractice payment somewhere between $15,001 and $20,000.

Claim at a Glance

Year of Payment: 2022

Location: California

First Allegation: Surgical or Other Foreign Body Retained

Second Allegation: Surgical or Other Foreign Body Retained

Act or Omission: 2020

Second Act or Omission: 2020

Payment Range: Between $15,001 and $20,000

Nature of Claim: Surgery Related

Payer: Self-Insured Organization

Type of Care: Both Inpatient and Outpatient Care

Reporter: A Self-insured Entity

Claim Insights

With respect to any medical malpractice payment, there are three major components of any claim. First, there is the act or omission that gave rise to an injury and whether the provider departed from an accepted standard of practice. Second, there is the nature of the injury itself, which includes several factors like its severity, duration, the impact on the patient’s life, the age and general health of the patient, along with many other elements. Third, there needs to be a causal connection between the negligent act or omission by the provider and the injury itself. Even with a showing of negligence, a medical provider is not legally responsible for an outcome that was not caused by the negligence.

With this in mind, the Data Bank does have some information that can give context to the medical malpractice payments, including the patient’s age, gender, whether it was inpatient or outpatient care, the type of malpractice or medical mistake that was alleged, and the ultimate outcome to the patient.

The information has significant limitations, however, that everyone should keep in mind. For one thing, the information is usually self-reported by the healthcare provider and his or her representatives. When reviewing this information, you should consider whether the patient would have described his or her injury as “minor” or “temporary” or “emotional only.” Further, there are important aspects of any claim valuation that simply cannot work in a database. Flagrant negligence might be coded the same way as what could be described as a smaller error, and one would have no way of knowing from these data. But even with these limitations and even where some required information is missing from any particular report, each of the payment reports in the database have enough to provide some insightful information that can help evaluate medical malpractice claims going forward.

This Provider Has Five Malpractice Payments in the Database

A medical provider's malpractice history can be extremely insightful. A long history of malpractice claims and discipline can certainly affect whether a matter is resolved and for how much. One of the most important goals of the National Practitioner Data Bank is to track providers' disciplinary and malpractice payment history throughout interstate moves or new employment situations.

In addition to this particular malpractice payment, this provider has another report on record. Specifically, this provider has a total of five malpractice payments in the database. To put this number in perspective, throughout over 200,000 payment records, approximately 55% of them are associated with providers with multiple payments. This provider's total of five malpractice payments is more than 94% of all providers in the database, which is limited to providers with malpractice payment history.

Provider Detail

Alerts 5

California

Physician (MD)

Age: Between 60 and 70 Years Old in 2020 When Allegations Arose

Education Completed: Between 1980 and 1990

Malpractice Payments 5
There are other payments in the database associated with this provider:
YearStateAmountAllegation
2005California$27,500Improper Performance
2018California$47,500Improper Management
2022California$17,500Surgical or Other Foreign Body Retained
Payments

Similar Claims

Here are other claims involving an allegation of Surgical or Other Foreign Body Retained and an outcome of what was described as a "major temporary injury" to a patient between 80 and 90 years old.
YearStateAmountAllegation
2023New York$165,000Surgical or Other Foreign Body Retained
2022California$17,500Surgical or Other Foreign Body Retained
2021Tennessee$115,000Surgical or Other Foreign Body Retained
2020Massachusetts$72,500Surgical or Other Foreign Body Retained
2019Nevada$125,000Surgical or Other Foreign Body Retained
2018Louisiana$72,500Surgical or Other Foreign Body Retained
2018Louisiana$115,000Surgical or Other Foreign Body Retained
2018Massachusetts$67,500Surgical or Other Foreign Body Retained
2016Florida$47,500Surgical or Other Foreign Body Retained
2016New York$225,000Surgical or Other Foreign Body Retained