Petitioner: CARMEN BOMBALIER AND GEORGE BOMBALIER
Respondent: LIFEMARK HOSPITALS OF FLORIDA, INC., D/B/A PALMETTO GENERAL HOSPITAL
Judges: LINDA M. RIGOT
Agency: Medical Arbitration
Locations: Miami, Florida
Filed: Jan. 04, 1996
Status: Closed
DOAH Final Order on Thursday, September 5, 1996.
Latest Update: Oct. 04, 1996
Summary: Unanimous arbitration award for the portion of the medical malpractice claim submitted to arbitration involving stillbirth of one twin.
96-0002STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CARMEN BOMBALIER and GEORGE )
BOMBALIER, her husband, )
)
Claimants, )
)
vs. ) CASE NO. 96-0002MA
) LIFEMARK HOSPITAL OF FLORIDA, INC., ) d/b/a PALMETTO GENERAL HOSPITAL, )
)
Defendant. )
)
ARBITRATION AWARD
The final arbitration hearing in this case was held before Linda M. Rigot, the assigned Chief Arbitrator of the Division of Administrative Hearings; Mark Alan Leibowitz, Arbitrator; and Lewis N. Jack, Jr., Arbitrator, on July 18, 1996, in Miami, Florida.
APPEARANCES
For Claimants: Keith Chasin, Esquire
Raul Montaner, Esquire
9130 South Dadeland Boulevard Suite 1515
Two Datran Center Miami, Florida 33156
For Defendant: Gail Leverett Parenti, Esquire
Armando Cortina, Esquire Glen Falk, Esquire
Parenti, Falk, Waas and Frazier
113 Almeria Avenue
Coral Gables, Florida 33134
AWARD
At the conclusion of the arbitration hearing, the following award was agreed to by all three arbitrators and announced on the record pursuant to Section 766.207, Florida Statutes:
Non-economic damages-Carmen | $50,000.00 |
Non-economic damages-George | $5,000.00 |
Economic damages Wages |
$440.00 |
Medical Expenses | 0.00 |
Claimants' attorney's fees and costs $8,316.00 Total award: $63,756.00
The amount awarded for medical expenses was based on the understanding of all three arbitrators that Claimants have had no out-of-pocket medical expenses, that Humana has no right to reimbursement and is not seeking reimbursement, and that no medical provider is seeking additional payment from the Claimants or from the Defendant.
Defendant Lifemark Hospital of Florida, Inc., d/b/a Palmetto General Hospital shall also pay the costs of the arbitration proceedings, including the fees for Arbitrator Leibowitz and Arbitrator Jack. By agreement of the parties, Arbitrators Leibowitz and Jack shall each be paid the sum of $1,000.00, for a total amount of $2,000.00.
DONE and ENTERED this 29th day of August, 1996, in Miami, Dade County, Florida.
MARK ALAN LEIBOWITZ, Arbitrator Wolpe, Leibowitz, et al.
Two Datran Center, Suite 1515 9130 South Dadeland Boulevard Miami, Florida 33156
(305) 670-1833
DONE and ENTERED this 6th day of August, 1996, in Coral Gables, Dade County, Florida.
LEWIS N. JACK, JR., Arbitrator 1493 Sunset Drive
Coral Gables, Florida (305) 447-6500
DONE and ENTERED this 5th day of September, 1996, in Tallahassee, Leon County, Florida.
LINDA M. RIGOT, Chief Arbitrator Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675 SC 278-9675
Filed with the Clerk of the Division of Administrative Hearings this 5th day of September, 1996.
Copies Furnished:
Keith Chasin, Esquire
9130 South Dadeland Boulevard Suite 1515
Two Datran Center Miami, Florida 33156
Gail Leverett Parenti, Esquire Parenti, Falk, Waas and Frazier
113 Almeria Avenue
Coral Gables, Florida 33134
Mark Alan Leibowitz, Esquire Wolpe, Leibowitz, et al.
19 West Flagler Street Suite 520
Miami, Florida 33130-4403
Lewis N. Jack, Jr., Esquire 1493 Sunset Drive
Coral Gables, Florida 33114-5118
Docket for Case No: 96-000002MA
| Issue Date |
Proceedings |
|
Oct. 04, 1996 |
(Lifemark) Notice of Filing; Satisfaction of Arbitration Award filed. |
|
Sep. 05, 1996 |
CASE CLOSED. Arbitration Award sent out. Hearing held 07/18/96.
|
|
Aug. 16, 1996 |
(Mark Leibowitz) Arbitration Award (for HO signature); Cover Letter filed. |
|
Aug. 09, 1996 |
(Original) Arbitration Award Signed by L. Jack ; Cover Letter to Judge Rigot from L. Jack filed. |
|
Jul. 25, 1996 |
Letter to Parties of Record from Judge Rigot (& enclosed Arbitration Award for Signature from Parties) sent out. |
|
Jul. 18, 1996 |
CASE STATUS: Hearing Held. |
|
Jul. 15, 1996 |
(Petitioner) Notice of Filing Additional Deposition Testimony; cc: Deposition of Rolando Gonzalez, M.D. filed. |
|
Jul. 15, 1996 |
(Petitioner) Notice of Filing Additional Supplemental Authority filed. |
|
Jul. 15, 1996 |
Palmetto General Hospital`s Notice of Filing Supplement to Its` Witness and Exhibit Disclosure; Defendant`s Supplemental Notice of Service of Exhibits filed. |
|
Jul. 15, 1996 |
Defendant`s Notice of Filing Deposition Excerpts; Deposition Excerpts ; Notice of Filing Supplemental Authority filed. |
|
Jul. 12, 1996 |
Defendant`s Supplemental Notice of Service of Exhibit filed. |
|
Jul. 12, 1996 |
Palmetto General Hospital`s Notice of Filing Supplement to Its` Witness and Exhibit Disclosure; Defendant`s Supplemental Notice of Service of Exhibits; Defendant`s Exhibit #19 (a),(b),(c) & Defendant`s Exhibit #18 filed. |
|
Jul. 10, 1996 |
Defendant`s Notice of Service of Exhibits filed. |
|
Jul. 10, 1996 |
Defendant`s Supplemental Notice of Service of Exhibit; Videotape Dr. Charles Kalstone filed. |
|
Jul. 09, 1996 |
Defendant`s Notice of Service of Exhibits; Exhibits filed. |
|
Jul. 08, 1996 |
(From K. Chasin) Cross Notice of Taking Deposition; Notice of Filing List of Exhibits to Be Utilized at the Arbitration filed. |
|
Jul. 08, 1996 |
(Respondent) Notice of Conflict filed. |
|
Jul. 05, 1996 |
Claimants` Affidavit of Costs; Affidavit of Keith Chastin; Attorney`s Fee Affidavit filed. |
|
Jul. 03, 1996 |
(Claimants) Notice of Filing Excerpts of Depositions filed. |
|
Jul. 03, 1996 |
(Claimants) Notice of Filing; Claimants` Proposed Findings of Fact and Conclusions of Law on The Merits; Proposed Order (for HO signature); Claimants` Memorandum Addressing Unusual Points of Law filed. |
|
Jul. 03, 1996 |
(Keith Chasin) Notice of Filing Excepts of Depositions filed. |
|
Jul. 02, 1996 |
Defendant`s Notice of Filing Proposed Findings of Fact and Conclusions of Law; (Proposed) Findings of Fact and Conclusions of Law; CC: Case Sites filed. |
|
Jul. 02, 1996 |
Claimants' Pre-Hearing Catalog filed. |
|
Jul. 02, 1996 |
Palmetto General Hospital`s Notice of Filing Supplement to Its` Witness and Exhibit Disclosure filed. |
|
Jul. 01, 1996 |
Claimants` Pre-Hearing Catalog; Palmetto General Hospital`s Notice of Filing Proposed Arbitration Award; (Proposed) Arbitration Award; Defendant`s Notice of Filing Proposed Findings of Fact and Conclusions of Law; (Proposed) Findings of Fact and Conclusio |
|
Jul. 01, 1996 |
Joint Prehearing Stipulation filed. |
|
Jun. 24, 1996 |
(9) Subpoena Duces Tecum (from G. Parenti); Affidavit of Service filed. |
|
Jun. 13, 1996 |
(From K. Chasin) Cross Notice of Taking Deposition filed. |
|
Jun. 13, 1996 |
(From K. Chasin) Cross Notice of Taking Deposition filed. |
|
Jun. 10, 1996 |
(2) Subpoena Duces Tecum (from G. Parenti); (2) Affidavit of Service filed. |
|
Jun. 07, 1996 |
Claimants` Notice of Filing Answers to Supplemental Interrogatories filed. |
|
Jun. 04, 1996 |
Claimant`s Response to Request for Production filed. |
|
May 28, 1996 |
Subpoena Duces Tecum For Videotape Deposition for Use at Trial (from G. Parenti); Notice of Taking Videotape Deposition for Use at Trial; Return of Service Affidavit filed. |
|
May 20, 1996 |
(Respondent) Request for Production filed. |
|
May 13, 1996 |
(Keith Chasin) Cross Notice of Taking Deposition filed. |
|
May 08, 1996 |
Claimants` Notice of Filing Answers to Expert Interrogatories; Expert Interrogatories filed. |
|
May 06, 1996 |
CC: Letter to Keith Chasin from Armando Cortina (RE: available dates for deposition) filed. |
|
May 06, 1996 |
Defendant, Lifemark Hospital of Florida d/b/a Palmetto General Hospital`s, Notice of Service of Interrogatories on Plaintiffs filed. |
|
Apr. 30, 1996 |
Claimants` Notice of Filing Better Answers to Interrogatories filed. |
|
Apr. 30, 1996 |
(Claimants) Notice of Filing Disclosure Pursuant to Rule 60Q-3.021, F.A.C.; Claimants Form Disclosure; Disclosure Pursuant to Rule 60Q-3.021, F.A.C. filed. |
|
Apr. 29, 1996 |
Subpoena Duces Tecum (From G. Parenti); Return of Serving Affidavit filed. |
|
Apr. 29, 1996 |
Defendant`s Notice of Filing Disclosure Pursuant to Rule 60Q-3.021, F.A.C; Defendant`s Form Disclosure filed. |
|
Apr. 25, 1996 |
Defendant`s Notice of Filing Answers to Expert Witness Interrogatories Dated March 26, 1996; Notice of Taking Deposition filed. |
|
Apr. 22, 1996 |
Order sent out. (Motion to Compel better answers to interrogatories is granted) |
|
Apr. 05, 1996 |
Subpoena Duces Tecum; Return of Service Affidavit (From G. Parenti) filed. |
|
Apr. 05, 1996 |
(From K. Chasin) Request for Copies filed. |
|
Mar. 28, 1996 |
(From K. Chasin) Notice of Serving Expert Interrogatories; Expert Witness Interrogatories filed. |
|
Mar. 27, 1996 |
(Defendant) Cross-Notice of Taking Deposition; Notice of Intent to Serve Subpoena for Production of Documents or Things Under F.R.C.P. 1.351; Subpoena Duces Tecum (Records may be mailed instead of appearance) filed. |
|
Mar. 25, 1996 |
(Respondent) Cross-Notice of Taking Deposition filed. |
|
Mar. 25, 1996 |
(Respondent) Motion to Compel Better Answers to Interrogatories filed. |
|
Mar. 19, 1996 |
Order sent out. (claimants` Motion for clarification is denied) |
|
Mar. 08, 1996 |
Claimants` Notice that Answers to Interrogatories Have Been Filed filed. |
|
Mar. 08, 1996 |
Claimants` Response to Request for Production; (Joint) Compliance With Order Concerning Assessment Arbitration Entered on February 20, 1996; Letter to HO from K. Chasin Re: Motion for Protective Order filed. |
|
Mar. 08, 1996 |
Claimants` Motion for Clarification filed. |
|
Mar. 07, 1996 |
Notice of Arbitration Hearing sent out. (hearing set for July 18-19,1996; 9:30am; Miami) |
|
Mar. 04, 1996 |
(From A. Cortina) Compliance With Order Concerning Assessment Arbitration Entered on February 20, 1996 filed. |
|
Mar. 01, 1996 |
(Petitioner) Notice of Compliance filed. |
|
Feb. 29, 1996 |
Order sent out. (claimants` Motion for protective Order is denied) |
|
Feb. 26, 1996 |
(Respondent) Response to Claimants Motion for Protective Order filed. |
|
Feb. 20, 1996 |
Order Confirming Arbitrators sent out. |
|
Feb. 20, 1996 |
Order Concerning Assessment Arbitration sent out. |
|
Feb. 20, 1996 |
Claimants Motion for Protective Order filed. |
|
Feb. 13, 1996 |
(Keith Chasin) Notice of Designation of Arbitrator; Certificate of Arbitrator filed. |
|
Feb. 12, 1996 |
(Keith Chasin) Notice of Designation of Arbitrator filed. |
|
Feb. 08, 1996 |
Defendant's Selection of Arbitrator filed. |
|
Jan. 19, 1996 |
Notice of Applicable Rules and Order Concerning Service of Pleadings sent out. |
|
Jan. 19, 1996 |
Certificate of Chief Arbitrator sent out. |
|
Jan. 19, 1996 |
Order Appointing Chief Arbitrator sent out. |
|
Jan. 17, 1996 |
(Petitioner) Notice of Filing; Exhibits 1 & 2 filed. |
|
Jan. 16, 1996 |
(Respondent) Notice of Lifting of Stay of Proceedings filed. |
|
Jan. 04, 1996 |
(Respondent) Notice of Stay of Proceedings; Joint Request for Arbitration (w/exhibit A-G) filed. |
Orders for Case No: 96-000002MA
| Issue Date |
Document |
Summary |
|
Sep. 25, 1996 |
Other
|
|
|
Sep. 05, 1996 |
DOAH Final Order
|
Unanimous arbitration award for the portion of the medical malpractice claim submitted to arbitration involving stillbirth of one twin.
|
