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Michigan City medical malpractice lawyer |Kentucky Jury Gets Penis Amputation Verdict Right

Posted by Guy DiMartino | Oct 31, 2014 | 0 Comments

Michigan City Indiana medical malpractice lawyer discusses penis amputation medical malpractice case.

  •  The plaintiff saw his family doctor for burning and pain at the end of his penis and the doctor prescribed a cream.
  • When the symptoms didn't go away, the plaintiff was referred to a urologist.
  • The urologist recommended a circumcision.
  • When the urologist was in surgery, he saw that the head of the penis looked like cauliflower, which is a sign of cancer.
  • The urologist removed about an inch of the penis while the plaintiff was still under without waking the guy up and getting additional informed consent.
  • The remainder of the man's penis was taken off by another doctor at a later date because of cancer.

The gist of the plaintiff's case was that the doctor should have stopped the procedure, waited for him to wake-up, and go through the informed consent procedure before removing the piece of penis. Although, the plaintiff was technically right, the doctor allegedly saved the guys life.

Lessons Learned

There are two big lessons that we can all learn from this case. First, medical malpractice cases in Northwest Indiana and throughout the nation are difficult enough.   Even though, a doctor, nurse, hospital, may have done something technically wrong, it is the spirit of the law – not the letter of the law that matters.  Second, in order to be successful in a medical malpractice claim, the patient must have a riveting story of betrayal.  There was nothing compelling about the patient's story in this case.

I screen dozens and dozens of potential cases before accepting one Northwest Indiana medical malpractice case.  In many of the cases that I screen, the doctor, nurse or hospital may have done something wrong, but in order to be successful in a medical malpractice case, the victim has to show much more than a technical wrong.   The victim's story has to be compelling enough to show that the medical system failed the patient and be moving enough for a jury to render a verdict in favor of the victim.

Based on the limited facts reported in the Insurance Journal, I don't know how in the world I could have stood up before six jurors and argued that this doctor did something wrong, when the guy's penis was covered with cancer, the guy ended up having his entire penis amputated, and the guy is still alive.   I'm sure the defense attorney in this medical malpractice case made his defendant doctor look like a hero – not a villain.

Indiana Medical Malpractice law is complex.   If you have any questions about a Northwest Indiana medical malpractice claim, call our office at  (219) 874-4878  or request a free copy of my book explaining the medical malpractice claims process.

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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