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Indiana Medical Malpractice Lawyer Discusses Recent $12 Million Settlement

Posted by Guy DiMartino | Nov 04, 2014 | 0 Comments

A Lowell, Indiana family, on behalf of her child, recently received a $12 million settlement through the hard work and dedication of my friend and colleague, Timothy Schafer, of Merrillville, Indiana. According to the Post-Tribune, the child was born with quadrapresis (weakness of arms & legs) that resulted from a lack of oxygen during the birthing process.

One might look at the amount of the settlement and say that lawsuit settlements are out of hand; however, this child needs constant attendant care and will live most of her life in a bed or wheelchair. Additionally, because of her condition she will have a number of healthcare issues throughout her lifetime that will require expensive medical care.

It is not a blessing that this child was injured because of medical malpractice; however, it is a blessing that it occurred in Illinois instead of Indiana. If this incident had occurred 30 miles away, say in Dyer, the family would never see enough money to provide adequate care for their child. You see in Indiana, medical malpractice awards are capped at $1.25 million by statute with the healthcare provider's insurance company paying $250,000 and the Indiana Patient Compensation Fund paying $1 million.

I can almost guarantee it that if this child was injured in Indiana, she would have to be on state and/or federal assistance for her medical care as the years went on. In severe injury medical malpractice cases, the Indiana cap just isn't enough to compensate the victim for their economic needs in the future.

Again, Kudos to Tim for bringing justice to this child and her family.

If you have any questions about a potential Indiana medical malpractice claim, call our Michigan City medical malpractice lawyer at  (219) 874-4878 or fill out the contact form on the this page.

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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