Should you Accept the Insurance Company's First Offer?


Posted by Guy DiMartino | Apr 30, 2013 | 0 Comments

Stuart-Port St. Lucie, Florida medical malpractice lawyer discusses the two things that should never happen to a patient during surgery.

In medicine there are two things that should never happen in surgery: (1) leaving a foreign object in the patient, whether it be a sponge, towel, gauze or instrument; and (2) wrong site surgery, which means performing the wrong procedure or performing a procedure on the wrong side of the body.


Johns Hopkins University Researchers recently published an article in the medical journal Surgery that outlined the following:

  • 39 times a week a surgeon leaves a foreign object in a patient
  • 20 times a week a surgeon performs the wrong surgical procedure
  • 20 times a week a surgeon performs surgery on the wrong body part
  • Between 1990 & 2010 there were 80,000 of these so-called “never events” in US Hospitals

One of the researchers acknowledged that there are medical events that cannot be prevented; however, leaving a foreign object in a patient, performing the wrong surgical procedure or performing surgery on the wrong side of the body or wrong site are totally preventable.  NO EXCUSES.   Any way you slice it – this is medical malpractice.


I believe these events are under-reported.  Most of the time, the problem comes to the surface because of an acute infection or something else; however, there are many patients that leave the hospital with a foreign body in them and feel unwell for months or years before the problem is found.  These events are just not reported.

If you have any questions about a claim because a surgeon has left a foreign body in you or performed a wrong site surgery, give me a call at (352) 267-9168 or fill out the Internet consultation form on the right.

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+


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What makes me Unique?

What distinguishes my firm from the many injury firms throughout the state is my background as a chiropractic physician treating injured patients for 17 years. This gives you the benefit of having someone fighting for you that understands the nature and extent of your injuries and your road to recovery.

We are Partners

If you are my client, we are partners in your road to recovery. You will always have direct access to me to have your questions answered.

Copyright © 2017 Guy S. DiMartino DC, JD, PA

Areas That We Serve: Hammond, IN | Highland , IN | St. John, IN | Schererville, IN | Griffith, IN | Merrillville, IN | Hobart, IN | Portage, IN | Burns Harbor, IN | Ogden Dunes, IN | Gary, IN | South Haven, IN | Valparaiso, IN | Kouts, IN | Knox, IN | Hebron, IN | DeMotte, IN | Cedar Lake, IN | Crown Point, IN | Dyer, IN | Lowell, IN | Michigan City, IN | LaPorte, IN | Wanatah, IN | Westville, IN | Winamac, IN | South Bend, IN | Plymouth, IN | Elkhart, IN | Whiting, IN | Rolling Prairie, IN