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Medical Malpractice in the Florida Prison Setting

Posted by Guy DiMartino | Nov 29, 2012 | 0 Comments

Florida medical malpractice lawyer discussed medical malpractice in the Florida prison setting.

A recent report in the San Francisco Chronicle explained that the California Court of Appeals overturned a prisoner's family medical malpractice award of 1.7 million because the Department of Corrections was immune from suit.

In this case, a prisoner died of penile cancer because the condition went untreated for over a year.  The medical records and evidence showed that the prisoner had lesions on his penis and other signs and symptoms that suggested cancer. A biopsy was ordered and not carried out.  The court of appeals found that the state was immune because it could only be held liable if the healthcare provider failed to take reasonable action to summon medical care.  In this case, the healthcare provider summoned a medical test; the test just wasn't carried out.

Florida's State of Immunity

Healthcare providers who are employees of the Florida Department of Corrections are also covered under sovereign immunity.  However, it is not as drastic as California's because it is capped at $100,000.  If the facts of the case are bad enough to meet the deliberate indifference to a serious medical need standard, then the prisoner or his/her family does not have to worry about the sovereign immunity caps.  Further, a number of private healthcare companies like GeoGroup, Prison Health Services (PHS) and Wexford have provided medical care in the Florida prison system.  These private medical provider groups are not covered under sovereign immunity.

What do you think about the situation in California?

If you have any questions about a Florida prison medical malpractice or deliberate indifference claim, give me a call at (352) 267-9168 our 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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