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Law Practice Area: Medical Malpractice

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Merson Law’s team of medical malpractice lawyers: the best in New York City.

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Founder Jordan Merson of Merson Law has built a stellar reputation representing medical malpractice clients who have suffered catastrophic injuries. The medical malpractice lawyers at Merson Law have extensive experience litigating medical malpractice cases valued in excess of $1 million and much of their background includes prosecuting cases that have resolved for more than $10 million.

Here are some of the medical malpractice cases litigated by Jordan Merson of Merson Law*:

  • $17 million for failure to timely perform c-section on baby
  • $14.8 million for baby brain damaged when c-section was delayed
  • $14.4 million for Queens family whose child suffered brain damage
  • $12 million for burn victim
  • $11.3 million jury verdict for brain damage child
  • $11 million for Brooklyn woman who had untreated post-delivery bleeding
  • $9.5 million for paraplegic due to failure to timely perform spine surgery

*Please note that past results do not guarantee similar outcome

Mr. Merson was honored to be included in New York Law Journal’s first ever “Hall of Fame” for medical malpractice verdicts and settlements.

When New York Magazine published its top verdicts in 2014, Mr. Merson was included on that list as well.

In fact, Mr. Merson has had the largest single-plaintiff medical malpractice verdict in Westchester County for at least a five year period and he had the largest verdict in Westchester County for any type of case in 2014 — an $11.3 million verdict after the defendant that proceeded to trial refused to offer any money to settle the case.

Mr. Merson was also named in Super Lawyers and he has been quoted by the national and local media, including USA Today, the New York Law Journal and the Daily News.

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Legal Definition of Medical Malpractice

What is Medical Malpractice? Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.

Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts.

Medical malpractice lawsuits are a relatively common occurrence in the United States. The legal system is designed to encourage extensive discovery and negotiations between adversarial parties with the goal of resolving the dispute without going to jury trial.

Medical malpractice is a specific subset of tort law that deals with professional negligence.

“Tort” is the Norman word for “wrong,” and tort law is a body of law that creates and provides remedies for civil wrongs that are distinct from contractual duties or criminal wrongs [24].

“Negligence” is generally defined as conduct that falls short of a standard; the most commonly used standard in tort law is that of a so-called “reasonable person.”

The reasonable person standard is a legal fiction, created so the law can have a reference standard of reasoned conduct that a person in similar circumstances would do, or not do, in order to protect another person from a foreseeable risk of harm.

What To Do If You’ve Been Hurt

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Our medical malpractice lawyers must show that the physician acted negligently in rendering your care, and that such negligence resulted in injury.

To do so, four legal elements must be proven:

  1. A professional duty owed to the patient
  2. Breach of such duty
  3. Injury caused by the breach
  4. Resulting damages: money damages, if awarded, typically take into account both actual economic loss and non-economic loss, such as pain and suffering.

We provide a 100% free initial case evaluation that is done by our team of medical malpractice lawyers and a fully licensed doctor.

Have your medical malpractice case reviewed by our doctor, free of charge, today.

The the medical malpractice lawyers at Merson Law will litigate your case aggressively and comprehensively to achieve complete vindication for the harm that you have suffered.

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