Should you Accept the Insurance Company's First Offer?

What is the number one factor when evaluating a Leesburg medical malpractice claim?

Posted by Guy DiMartino | Jul 11, 2015 | 0 Comments

Throughout the course of any given week, I receive multiple phone calls from potential clients who often convey stories of medical malpractice. When these folks are on the phone, they start to recite everything that happened them with such passion and conviction. A lot of times because of their passion, I have to interrupt the conversation, and I ask how are you doing? Often, I hear that I'm better. I had to undergo a series of operations and I was hospitalized for a period of time but now, I'm okay. This response usually ends our conversation and I will explain why.

The medical malpractice legal system is not set up to compensate patients who have temporary injuries. Bringing a medical malpractice claim is quite expensive, and because of the high cost and contentious nature of the litigation, Leesburg medical malpractice lawyers cannot accept cases where there is not severe permanent injury or death. I always tell folks, “What is good for a medical malpractice case is not good for you”

When I explain the truth about these claims to a potential medical malpractice client, he or she responds, “So the doctor gets away with murder?” The truth is in some situations that is true because of the way Florida's wrongful death statute is written. If a patient is killed because of medical negligence and he doesn't have a surviving spouse or child 24 or under, there is no claim, so in essence the negligent doctor or hospital did get away with murder.

The other thing an aggrieved patient needs to know is that civil litigation is not the only way to hold a healthcare provider responsible for poor medical care. They are free to file a complaint with the healthcare providers licensing Board through the Department of Health Complaint Procedure.

Many potential clients are unhappy with this advice, but you know what, practicing medical malpractice law is not easy and a medical malpractice lawyer's job is appropriate case selection. We can only assist folks who have suffered severe and permanent injury or the families of folks who have passed away because of medical errors.

If you have any questions about a Leesburg medical malpractice claim, 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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