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District Court Judge Throws Out Inmate’s Medical Malpractice Suit

Posted by Guy DiMartino | Nov 28, 2012 | 0 Comments

Prison malpractice lawyer, Guy S. DiMartino, DC, JD, discusses why a District Court Judge threw out an inmate's medical malpractice case.

The Trib-Live recently reported that a federal court judge in Pennsylvania recently dismissed an inmate's medical malpractice claim because the claim was not properly filed within the two-year statute of limitations.

Facts of the Case

The inmate suffered a hand injury after he was shot in the hand during his arrest.  He was treated a local hospital and then placed in custody.  The inmate complained that he did not get the proper treatment when he was in custody and filed a lawsuit in July 2011, more than 24 months after the alleged malpractice.  The court found that the case was not timely filed and dismissed the claim.

Florida Medical Malpractice Statute of Limitations

Like, Pennsylvania, Florida has a two-year statute of limitations for medical malpractice claim.  If an inmate claims that he/she is a victim of malpractice, the claim must be filed within  two years of the alleged malpractice or when a reasonable person knew or should have know that malpractice occurred.  If a claim is not filed within the appropriate time limit, the inmate's claim will be barred forever.

If you have any questions about the statute of limitations for a Florida prison medical malpractice claim, call Guy S. DiMartino, DC, JD at (352) 267-9168 or fill out the internet consultation form on the right side of the screen.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+

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