Should you Accept the Insurance Company's First Offer?

Malpractice in Florida Jail or Prison

Posted by Guy DiMartino | Sep 07, 2015 | 0 Comments

Many incarcerated individuals get crappy medical care and want to make a medical malpractice claim, however, there is one thing that you must understand about medical malpractice claims in the jail and/or prison system.

Medical malpractice claims are difficult outside of the prison or jail system because of a number of jury biases. For incarcerated individuals, bias that jurors have against you is real. And because of this bias, we need to show two things to be successful in these claims:

  1. Even though you are incarcerated you are a good person that made a mistake.  A juror is going to treat a guy who was locked up because of a drug issue different than a sex offender or rapist. This is just the way it is. You have to understand this fact.
  2. The facts surrounding your medical care must be bad enough to get a jury angry. If the doctor just made a mistake, you're not going to be able find a lawyer to help you. On the other hand, if the medical staff just ignored your pleas for assistance, you may have something.

The lesson is this. If you are going to search out a lawyer to help you with a prison or jail malpractice claim, be sure to prepare a timeline of events for his or her review. Make sure that you document dates, times and exactly what happened because the facts are important.

If you have any questions about a prison malpractice claim, you can give me a call (352) 267-9168.

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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