Medical Malpractice Attorney NYC
Legally, medical malpractice is negligence by a doctor. Just as any person can be liable for negligence (for example, by driving through a red light), the law considers that a doctor commits malpractice if he or she does something a “reasonable” doctor would not have. Failing to do what a reasonable doctor would have done is also malpractice, a negligent omission.
In a malpractice case, as in any case for negligence, the plaintiff has legally “proved” its case so long as it is shown more likely than not that the physician acted “unreasonably.”
Put another way, if the plaintiff shows it is 51% likely there was malpractice, then the plaintiff has proved his or her case according to the required legal standard. The malpractice plaintiff is not required to prove “beyond a reasonable doubt,” a much higher burden of proof reserved for criminal cases.
North & Deutsch has deep expertise and a network of world-class experts to help us determine whether your case does, in fact, demonstrate malpractice.
That is a starting point. In many ways, the most important responsibility of your attorney is to prove the harms that resulted from malpractice in a way that is clear to the jury.
Jurors are smart. We have learned through decades of practice that most jurors are intelligent people who take their obligations to their community seriously, making significant sacrifice to serve on a jury trial. They sincerely want to get to the bottom of things and know what harms resulted from malpractice.
Presenting the real world harms of malpractice can’t just be limited to a dry recitation of the facts or the technical testimony of an expert witness. Jurors still need to understand in human terms how a person with a serious injury has had to change his or her life, how what he or she used to do is now more limited, or how once-routine activities are now a true struggle.
North & Deutsch has a long history not only of understanding and presenting medical evidence successfully, but also of understanding and presenting the real-world impact of medical malpractice on the life of an affected person and his or her family.
Please review our case results, and if you have sustained a significant injury due to what you believe is true malpractice, please contact us to see how we can help you.
Wrongful Death Cases
Representing a grieving family is the most serious obligation an attorney can undertake, and that obligation is always top of mind for us. We devote all the time, energy and resources required to give our clients, who have placed their trust in us, the best opportunity for legal redress.
Compensation in a wrongful death claim
While every wrongful death involves a unique individual with unique circumstances, there are some general principles with regard to compensation that may help you understand your own situation.
Compensation is provided for loss of income or other support such as loss of a husband, wife, or parent. Children are entitled to be compensated for loss of a parent's guidance, which is often more significant than the loss of a parent’s material support.
The law also recognizes the intrinsic worth of the elderly and others who do not actually provide income to others. The Estate of such a person may bring a suit for the physical suffering he or she endured prior to death, even if financial support were not part of the equation.
If you question whether your loss was unnecessary...
If you have lost a loved one and believe the loss was unnecessary, we encourage you to contact us online or at 212-861-5000.