Understanding Medical Malpractice

The number of deaths caused by AIDS, car accidents, and breast cancer combined do not reach the number of fatalities attributable each year to medical negligence. A Bronx medical malpractice attorney can help with taking the necessary legal steps that follow the accident to ensure a maximum and just settlement.

Medical negligence or malpractice is simply when a healthcare provider unnecessarily exposes their patient to needless harm, and harm to the patient then occurs.

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The Danger of Train Accidents

The Hudson line Metro North accident was a tragic accident that left 4 dead and numerous people injured, if you or someone you know has been injured in a train related accident, contact a professional New York Train and Subway Accident Lawyer to help with moving forward with the legal steps necessary to ensuring fair and just compensation for your injuries.

Details Involving the Accident

In the early morning hours of Sunday December 1, 2013, a Hudson line Metro North Train coming from the Poughkeepsie station, derailed in the Bronx. An officer on the scene noted that although the train wreck killed 4 and injured over 67 people, it could have been a lot worse.  This crash took place at time with fewer than usual people on board.  Normally this particular train line transports around 18 million people per year, and on an average workweek could transport over a thousand people in a day.

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JUROR’S DOING JUSTICE

Whether it is a Slip and Fall or Auto Accident, if you sustained injuries due to another person’s negligence, contact a trusted New York Personal Injury Attorney to fight for you in court in order to reach a settlement you deserve.

A jury is the conscience of the community, our guardians of safety and the great equalizer.  A jury is so powerful that repressive and undemocratic countries have sought to abolish them.  A jury composed of members of our community knows that justice is important even for the least of us, and injustice anywhere is a threat to justice everywhere.

One of the most important jobs a citizen in this country has is jury service.  Jury duty is the keystone of participatory democracy: members of a community gathering to decide how to dispense justice to other members of their community.

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I was in an Accident – What do I do?

When you are injured in an accident and are in pain, it is hard to think clearly about what you should do.  You will probably be scared, shaken and confused. If you’ve been in an accident that was caused by someone else’s recklessness or carelessness, contact a Bronx Accident Lawyer who can dispense advice specific to your situation.

When you have been injured, health comes first. Call “911” for an ambulance and police.  It is better to be safe than sorry.

No one wants to be hurt.  We all hope that we will be better soon. No one wants to go to the hospital or to a doctor.  We worry what will happen to our car or our jobs or our families.  The body’s natural response to injury is release endorphins and adrenaline, so frequently we do not realize the severity of our injuries.  Many of do not want to make a “big deal” out of an accident or we are embarrassed or ashamed.   Do NOT let your wishful thinking and hopes for good health get in the way of the reality of your injuries.  Remember, the best way to get healthy faster is to get treated as soon as possible.

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Metro North Train Derailment: An Avoidable Accident

On December 1, 2013, a Metro North Train derailed in the Bronx. The train wreck killed 4 and injured 68 people. If you or someone you love was involved in this or a similar accident with the NYC transportation system, a Notice of Claim is required to be filed within 90 days of the crash, and you should speak to a New York Train and Subway Accident Lawyer.

Metro North Train Wreck

Picture Credit to ABC News

Was the Accident a Result of Negligence?

The cause of the wreck is under investigation, but the train was speeding [according to the NHTSA, 82 mph in a 30 mph zone], and this was a reason for the derailment. The train was speeding in a location with prior accidents.

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Negligence and Standards of Care

When people are injured or harmed, a question that is frequently asked of a personal injury or medical malpractice lawyer is, “was there negligence” or “what is negligence”?

Negligence is a failure to use that degree of care that a reasonably prudent person would have used under the same circumstances.

Ordinary care is the level of care that the normally careful person uses in situations with a given level of danger.

Negligence is NOT what ordinary people do. Negligence is what ordinarily a reasonably prudent person would do.  Reasonably prudent people never unnecessarily expose others to needless harm.

A normally careful person or company – an ordinarily careful person or company – does not allow needless danger.

Safety is always prudent.  Making the safest choice is prudent.  Not doing something the safest way is choosing to unnecessarily expose others to needless harm.

Needlessly exposing others to unnecessary harm is negligence.

This is also known as the “Standard of Care”.

Long ago Judge Learned Hand, one of the smartest judges ever to live in the US, put it this way:

The required level of care is that which helps keep the community safe, not merely that which the average person might want to exercise.  United States v. Carroll Towing Co., 59 F.2d 169 (2d Cir. 1947).

The best way to think of negligence and the standard of care is “The Golden Rule” – treat others how you want to be treated.

Causation of Harm

In order to have a personal injury from an accident or malpractice compensated, the negligence must be a proximate cause of harm.  What does this mean?

An act or omission is a cause of an injury or occurrence if it was a substantial factor in bringing it about.  There may be more than one cause of an injury or occurrence, and a cause is substantial even if a relatively small percentage is assigned to it, as long as it is not trivial or slight.

In other words, the negligence does not have to be the cause or the sole cause of injury in order to a proximate cause or a substantial factor in causing harm in order for the defendant to be liable for the occurrence.

Burden of Proof

What proof is necessary to win a claim?

The burden of proof in a civil case is on the party making the claim.  So a plaintiff must offer evidence that shows it is more likely than not that the defendant used less than reasonable care and that this negligence was a substantial factor in causing harm.

We call this the preponderance of the evidence.  When the fair preponderance of the credible evidence, meaning the testimony or exhibits that are worthy of belief, tilts the scales of justice ever so slightly in favor of the plaintiff on any issue, the plaintiff wins this issue.

Preponderance means the greater part of the evidence; it does NOT mean the greater number of witnesses or time spent.  The evidence that supports the plaintiff’s claims must appeal to the jury as more nearly representing what happened than the evidence opposed to it.

It does not matter if a jury has doubts or even reasonable doubts; if the evidence shows that more likely than not the plaintiff, the injured party is right, then the plaintiff wins.

Bronx Personal Injury Lawyers

At Sonin & Genis, we believe that a negligent defendant should be held liable and responsible for all of the harms and losses it needlessly causes, and it should not be allowed to evade and avoid its obligations and pass the buck and make the rest of our community pay the costs of its negligence.

When you or a loved one is harmed in an accident or by medical malpractice, you need a skilled and experienced lawyer that knows and understands the law and how to prove your case.  The lawyers at Sonin & Genis have the resources to prove your case and obtain full and just compensation for all of the harms and losses sustained: the pain and suffering – the loss of self-respect, dignity, independence, and the humiliation and embarrassment that accompanies injury, as well as the loss income and bills to pay for all care that should be given.

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