Blog Category:

Negligence Cases

6/14/2010
Gerry Oginski
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How Does a Hospital ‘Lose’ a Patient?

Have you ever heard of a hospital not being able to find a patient? How about when a patient wanders off and the hospital staff have no idea where he went? Maybe you heard about the patient who went for a walk and wound up dead from hypothermia on a hospital roof? Read the blog post to learn more.

6/6/2010
Gerry Oginski
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Groin-Punch “Game” Harms More Boys

The old adage “boys will be boys” is taking on a new meaning. A recent study indicates that teen boys are engaging in a game referred to as “sack-tapping” in which they slap or punch each other in the groin. Popularized by the television show “South Park,” this game can result in traumatic and permanent injury. Trauma to the groin in young men can result in testicular torsion.

3/1/2010
Gerry Oginski
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Man dies after 10 calls to 911

Ambulance personnel in Pittsburgh Pennsylvania failed to show up despite ten 911 calls for emergency medical assistance.

2/23/2010
Gerry Oginski
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I Can't Believe I Slipped On Ice!

Over the years I have written many articles about slip and falls on snow and ice here in New York. I've had my share of slipping on ice. Today in New York it's a rainy 35° and the ground is covered in certain parts with melting ice. Parking my car in the back of my office building left me on a large patch of ice. Feeling brave and fearless, I eagerly got out of my car and began the short walk to the front door of my building. My black leather shoes had zero traction despite my heel being made of rubber. Unfortunately, the day that I decided to park on a large patch of ice it figures that I was not wearing my snow boots.

1/28/2010
Gerry Oginski
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New York Personal Injury Law Firm Sanctioned $6,000 For "Spiteful" Lawsuit

This falls under the "Stupid is as Stupid does" Forrest Gump category. It was inevitable. A woman hired New York personal injury law firm Morelli Ratner to represent her in a medical malpractice case. Shortly thereafter her case was dismissed and the woman brought a lawsuit for legal malpractice against her lawyers. Morelli Rattner then brought a lawsuit against the woman (their former client) seeking to recover $6,000 in expenses that they had incurred to prosecute her medical malpractice matter.

1/10/2010
Gerry Oginski
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Ambulance Chasers

Do you still think that personal injury attorneys are "Ambulance Chasers?" Personal injury and medical malpractice lawyers earn a living by helping injured victims recover compensation. Read the blog post to see what might happen if there were no trial lawyers around to help someone injured by another person's carelessness.

11/14/2009
Gerry Oginski
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How to Choose a New York Lawyer From the Yellow Pages

You've been injured and run to the yellow pages to find a lawyer. You see tons of full page ads all saying the same thing. How do you, as a legal consumer, distinguish one law firm from the other? Read the article to find out.

10/3/2009
Gerry Oginski
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Apartment Building Fire Results In Significant Property Damage-Tenant Settles for $150,000

My clients owned a condominium in Queens. Their condo was in a large development which was undergoing repairs to the roof. The roofers were using hot tar to put down the new commercial-grade roof. Because of high winds, the tar overflowed causing a massive fire. My clients' condo suffered extensive water damage, and during the course of repair it was learned that their apartment, along with everybody else on the floor had its best those articles throughout the apartment. This required asbestos abatement, and force them to discard all of their remaining possessions that survived the massive water damage from the original fire.

 The management company and the condo association refused to compensate my clients for the damage to their condo. They were willing to make only minor and modest repairs to get their unit functioning again. They would not consider replacing any of the items or contents in their unit. that prompted them to seek my legal services.

Approximately 9 different people and companies filed lawsuits against the management company, the condo association and the roofers who caused the fire. These lawsuits were brought in different counties here in the state of New York. Because all of these cases arose out of the same incident, all nine cases were consolidated into one case that was being handled by one judge in Queens County.

After 4 1/2 years of litigating this case I'm pleased to say that we were able to successfully resolve this case to my client's satisfaction for the sum of $150,000.

9/19/2009
Gerry Oginski
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Lawsuit Lottery Jackpot! -Part 1

lottery

“Step right up. Just sign your name we’ll enter you into the lawsuit lottery jackpot. Injured in a car accident? Step right up. Injured during surgery? Step right up? Killed by a stray bullet? Step right in. Did you fall and break your leg? No problem, just step right in to our lawsuit lottery jackpot where you’ll have a chance to win millions and live on easy street for the rest of your life. That’s right folks. You too can be a winner in the lawsuit lottery jackpot.” (Carnival music is playing in the background).

“What do I have to do to enter?” asked a curious onlooker.

“Simple,” said the man in front of the tent. “First you have to stand in the street and get hit by that Mack truck over there. Then, you have to make sure the tires run over your legs. Oh yes, make sure the truck is loaded with equipment so the total weight of the truck is about 40,000 pounds. Then, when the truck has finished running over you, make sure you’re still conscious so you feel the excruciating pain of having your legs crushed to a pulp. Then, when you’re bleeding to death, make sure you go into cardiac arrest and are revived by the paramedics.”

“I forgot to tell you...when you get to the hospital, make sure that the trauma surgeons amputate your legs from below your waist because there is no usable skin, bones, veins or arteries to use to reconstruct your legs.

Remember, they were in a pulp, and are now useless to you.”

The onlooker stood there gawking with his mouth wide open but no sound coming out.

“But wait!” said the man, continuing his talk.

CONTINUED IN PART 2...


9/19/2009
Gerry Oginski
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Lawsuit Lottery Jackpot! -Part 2

CONTINUED FROM PART 1...

“After the surgeons cut off both of your legs, you must remain in the hospital for two months recuperating, then learning how to get around on a wheelchair, which we’ll give you, absolutely free, for the rest of your life.”

“But what about all the activities I could do before, like play baseball, swimming, skiing and riding my bicycle?” asked the onlooker.

“Ah that,” said the man with some hesitation. “You see, all those activities, you have to give them all up. You’re now officially a ‘permanently disabled cripple’. You can’t go around doing those great activities that you used to do once we’ve labeled you a cripple. I mean, what would your neighbors think if we said you’re a handicapped man and they saw you playing basketball or changing a tire on your car? Sorry, that just wouldn’t work."

The onlooker was white as a ghost. He didn’t know what to say.

“Hey kid, not to worry, if you win this jackpot, you’ll be on easy street forever!” said the knowledgeable man with the handlebar mustache and the straw hat and the organ music playing in the background.

“But, how do I get that jackpot?” asked the young man with some trepidation.

“Simple. Just find a lawyer who handles these types of cases. Then file a lawsuit in New York...but you’ll have to hurry because you don’t want to have your case thrown out if it’s not timely. Did you know that you don’t even have to pay a single penny to start your lawsuit? How great is that? Your lawyer does that for you. Isn’t our justice system great?

Well, anyway, as I was saying, all you have to do is talk to your lawyer and after about six months, you’ll go into his office and talk to some other stuffy lawyers who will ask you lots of questions about what happened to you and what you can’t do now. That’s it. You don’t have to show up again until trial.”

“Trial?” asked the young man. “Why trial?”

“Well, without going to trial you can’t get an outrageous verdict that will blow the lid off all other verdicts in the past. Otherwise, your lawyer might just settle your case early to get you chump change,” said the hawker with a straight face.

“How will going to trial get me into the lawsuit lottery jackpot?” the onlooker asked with some interest.

The reply was amazing.

“That’s how you actually enter the drawing contest. See...going to trial is a crapshoot. Even if you have a good case a jury may send you home with little or no money. Why? Who knows- it’s a total crapshoot. But if you have a really good attorney who inflames the jury and shows them gory, bloody pictures of you at the accident scene, they’ll get really angry with the truck driver and his company and want to sock it to them hard.

That’s the part of the crapshoot that gets you your millions. Well, almost,” the man said.

“Tell me more,” said the onlooker.

“If the jury really hates the trucker who caused your accident, they award you millions and millions of dollars.”

“And that’s it? You mean I leave the court house with buckets full of money?” asked the eager onlooker, getting that hungry look in his eye.

“Ah, no, not exactly,” came the reply.

“You see, the defense will argue to the trial judge that the award was outrageous and must be reduced. Even if the trial judge agrees and reduces your award, the defense will still not be happy. Then, they’ll argue to a higher court that the award is so outrageous that it shocks the conscious of the court.”

“Then do I get the buckets of money you told me about?” asked the oblivious onlooker.

“Ah, no, not exactly,” came the reply.

“The higher court can do one of four things:

They can throw out your verdict,

They can reduce it,

They can increase it, or

They can send you back for a new trial.

You see, that’s also part of the crapshoot. You just never know what you’re going to wind up with.”

“I’ll still take my chances,” said the dazed onlooker.

“In that case,” the straw man replied, “you should know that there’s a chance you’ll get nothing.”

“How can I live on easy street with my injuries if I get nothing?” he asked incredulously.

“Well, you can’t. You’d have to go on welfare and on disability, and you’d probably be homeless, but hey, you gave it your best shot. That’s what a lottery is all about, most will lose and only a few will win. You’ll still have your free wheelchair!”

“Thanks for stopping by,” said the man with the handlebar mustache. “If you want more information, just step right in...”

 



7/26/2009
Gerry Oginski
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How Much Does It Cost To Hire a NY Medical Malpractice or Accident Attorney?

All attorneys who handle cases involving accident or medical malpractice in New York handle them on "Contingency." What does this mean?

It means that the lawyer receives a fee only if he is successful in getting you compensation for your injuries. His fee is 'contingent' upon you getting money. If the lawyer is unsuccessful and you receive nothing, the lawyer also receives no fee.

FOR AN ACCIDENT CASE IN NEW YORK:

The attorney's fee is 1/3 of the amount you recover, after the attorney's expenses have been paid back to his law firm. What this means is that the lawyer pays all litigation expenses and really provides you with an interest-free loan during the time your case is in litigation. At the end of the case, if you are successful, the lawyer's gets repaid for his expenses.

FOR A MEDICAL MALPRACTICE CASE IN NEW YORK:

The attorney's fee is LESS THAN an accident case. This has been true since 1985. The fee is based on a sliding scale, which means that the more you recover, the more you get to keep.

$1-$250,000, the attorney's fee is only 30%.
$250,001-$500,000, the attorney's fee is only 25% for that segment.
As the amount increases, the attorney's fee decreases, until you reach $1.25 million. Anything above $1.25 million, the attorney's fee is only 10% for that segment.

Remember, at the end of the case, if you are successful, the lawyer's gets repaid for his expenses. From the remaining amount, his fee is calculated, and then you receive the remaining amount.

CONCLUSION:
The purpose of having a contingency fee is so that people who could not afford an attorney's hourly rate would be able to hire an experienced lawyer without having to worry whether they could pay.

You win your case; the attorney gets paid. You lose your case; your lawyer gets nothing. That's a significant incentive for your lawyer to work hard to get you the most compensation you are legally entitled to.

6/13/2009
Gerry Oginski
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Jurors in NY Should Be Allowed to Twitter

Find out why Gerry Oginski, an experienced New York medical malpractice and personal injury trial attorney believes that jurors in NY should be allowed to twitter during a trial. Currently, jurors are not allowed to talk to each other about the case until after they have received legal instructions from the judge.

Likewise, attorneys and the litigants are also prohibited from talking to the jurors. Twitter allows us to see what a juror is thinking about the testimony. Watch the video to learn more.

For answers to your legal questions, call Gerry personally at 516-487-8207 or by email at lawmed10@yahoo.com. He welcomes your call.

4/16/2009
Gerry Oginski
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A Lawsuit For Every Calamity-NY Trial Lawyer Explains

You can't avoid reading about different lawsuits every day. Open any newspaper across the country and you'll see many stories about people suing cities, hospitals, negligent drivers, incompetent police, employers for sexual harassment, the church, manufacturers and the list goes on and on.

Break a finger opening a jelly jar; sue the manufacturer for a defective product.
A lawn mower blade slips and slices off your leg. Sue the manufacturer.
A doctor perforates your colon and you need emergency surgery; sue the doctor and hospital.
A radiologist misreads your chest x-ray and fails to diagnose your lung cancer; start the lawsuit.
You have a fender bender in a parking lot and bring a lawsuit for soft tissue injuries; start a case and watch it get thrown out of court.

Is every injury worthy of money compensation?
The answer is no.

Our system of justice requires that a wrongdoer who causes injury pay money compensation to the injured victim. The wrongdoer is supposed to make their victim "whole" again. This is impossible when the injured victim suffered significant physical injury.

When a wrongdoer causes physical harm, he incurs a debt that must be repaid. The only way our justice system in New York allows that debt to be repaid is with money. Money to pay the victims' medical bills in the past; the future, money to pay for lost earnings and for future lost earnings, and money to pay for the victims' pain and the suffering he caused.

3/21/2009
Gerry Oginski
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Ambulance Chasing

How many times have we heard the term ambulance chasing and thought of lawyers who were unscrupulous and had no ethics?

Just yesterday I critiqued an attorney video where a lawyer was seeking accident victims while shooting her video in an operating room. What made the video even more unusual is that there appeared to be a real patient on the operating room table, a physician operating, and a nurse attending to the patient. Unlike a video that depicts a hospital in the background, this medical malpractice attorney was clearly and visibly located within the operating room itself. Whether the people in the operating room were actors or not I could not tell.

However, this brief video did nothing to educate an injured victim who was searching for an attorney online. It is this type of advertising that gave rise to the term of ambulance chaser for negligence and medical malpractice attorneys years ago. Typically, lawyers had a very limited means in which to educate consumers about which lawyer was the right one for them. Traditional forms of advertising consisted of television advertisements lasting no more than 30 seconds, and a Yellow Pages ad that contained very little useful information.

Comedians routinely spoofed lawyer advertisements and movies portrayed negligence lawyers hanging out in funeral homes, (The Verdict with Paul Newman), as being the only way they could find cases. Other lawyers were shown hanging out in emergency rooms seeking to sign up every available accident victim.

Although every spoof has a hint of truth to it, it is highly unusual for attorneys nowadays to be found lurking in hospital emergency rooms or chasing ambulances to track down injured victims. 

The other day while in court I ran into a defense attorney I worked with on a number of cases. He was on my mailing list to receive my monthly newsletter. I hadn't seen him in a few years, but the first thing he said to me when we saw each other was "I still get your newsletter." The comment he made after that prompted me to write this blog post. He said, "Your newsletter appears to be a bit of ambulance chasing, doesn't it?" I asked him what he meant by that.

He said, "I recognize that attorneys have to have their shtick as a way of getting potential clients." I replied that my newsletter was not only informative, but helped educate potential clients, friends, colleagues and injured victims about how the legal process works. Importantly, I told him that there are people who have not received my newsletter on time who call me up wanting to know why their newsletters are late because they enjoy it so much.

Contained within my informative newsletter I have a trivia game, interesting news items, one or two stories about law, and in many cases an ongoing story called "Gerry's Never Ending (fictional) Story."  When I returned back to my office later that day, I removed this defense attorney from my mailing list recognizing that he truly didn't understand the purpose of the newsletter. Clearly, I never want to send my newsletter to someone who doesn't want it. I will tell you that in all the years I've publish my newsletter, this is only the second person I've removed my mailing list.

3/2/2009
Gerry Oginski
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Twtitter & Facebook Comments-Can They Be Used Against You in a New York Negligence Trial?

You've brought a lawsuit in New York for injuries you received in a car accident. You've just given a deposition (a question and answer session) under oath where you explained in detail how your injuries prevent you from playing sports and doing many of your life's daily activities.

A few weeks later you are on Facebook telling your friends how you just went skiing and had no problem speeding down the double diamond slopes on an amazing mountain. While on Twitter, you posted a few quick comments about how you spend your day working part-time for a carpenter as a helper carrying heavy items in and out of the job site.

A bright defense attorney decides to check out your Facebook profile while he prepares his report to the insurance company. He also does a Google search of you to see where your name pops up. He finds your Facebook comment about your skiing adventure as well as your Twitter posts saying that you're working part-time.

What does this mean for your lawsuit in New York? 

The short version is that you're in trouble. The longer version is that you have created contradictions between the injuries that you claim to have suffered versus information that you have put out for public consumption on at least two social network sites.

Many people using Facebook and Twitter fail to recognize that by using and posting on these sites they generally have no expectation of privacy. It's not like having a private face-to-face conversation with one person. When you post to Facebook and Twitter, you are talking to the world. 

Will a trial judge allow a defense attorney to cross-examine you with the statements that you made on Facebook? Will your contradictions show that you were less than truthful under oath? In my opinion, a trial judge in New York will allow this information in.

What do you think will happen to your credibility once you are portrayed to have lied? A jury will no longer believe what you have to say. I'm not even going into the possibility of fraud or an intention to lie.

So what's the take home message? Remember, that when you post comments on Facebook, Twitter and other social networking sites, the entire world can see them. Contradict yourself at your own peril.

3/2/2009
Gerry Oginski
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New York Negligence Cases-Facebook & Twitter Jury Instructions?


In negligence lawsuits in New York, attorneys must pick impartial jurors to sit in judgment and determine whether the injured victims' version of what happened is more likely right than wrong. As the trial gets underway, the trial judge typically gives the jury preliminary instructions about what they can and cannot do as jurors.

One of the most common instructions in New York is that jurors should not discuss the case with either their fellow jurors, or with anyone outside the court room. They are often told not to go to the library to research the issues in the case. With today's prevalence of social networking sites like Facebook and Twitter and Google as the king of search engines it becomes hard for a juror not to have the curiosity to find out more information about the lawyers in their case, the litigants, and even the judge.

Can you imagine jurors going home after hearing testimony and then going online to Google, Facebook and Twitter to see what the lawyers and parties to the lawsuit have posted? Do you think comments posted online by litigants in their "private" lives might have any impact on a juror? Put aside for the moment the juror's disregard for the Courts' stern warning to do no research online about the case or the people involved.

Should pre-trial instructions to jurors in New York now include specific warnings that they should not do a search on Facebook or Twitter for the parties to the lawsuit? Should they be told not to Google the lawyers? Is the judge immune from having his decisions exposed by inquisitive and internet savvy jurors?

In my opinion, most of today's jurors who come into Court in Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau & Suffolk are smart enough to know about Google, Facebook, MySpace and Twitter. The question that always arises is: Even though jurors are told not to do any outside independent research on the issues in the case, and told not to investigate the parties, how do you really know whether they listen?

The difficulty with our system is that you don't. As an attorney, I must rely on a juror's statements and assurances that they will uphold the law that the trial judge gives them. Having said that, I still believe that jurors should be reminded not to go online and research the issues, the litigants, the parties or even the judge.

2/21/2009
Gerry Oginski
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Attention PI & Med Mal Attorneys! Your Clients May Be Looking for a New Attorney

Not a day goes by without getting a call from a disgruntled client asking if I would be willing to take over their case from another attorney.

One of the first questions I ask this person is "Why do you want to switch attorneys?"

The response is usually one of two possible reasons:
1. The original lawyer has withdrawn from their case or
2. The client is unhappy with what the lawyer is doing, or in some cases, not doing.

When a lawyer withdraws from a case in New York, he must get permission from the Court to withdraw as the attorney. The Court will then give the client ample time in which to try and find another attorney to continue the case.

Clients may not realize it, but when an attorney withdraws from a medical malpractice or a negligence case, the defense knows that there must be some problem either with the merits of the case, or a conflict between the attorney and client that cannot be resolved. In either situation, it sheds a cloud over the case. A new attorney taking over the case has many intangible obstacles to overcome.

Just this week a potential client asked me to take over her case telling me that she had an "excellent case." Her attorney had withdrawn and now she had all the records to give to the next attorney.

When I asked why he withdrew, the response was "Well...he and I didn't get along."
"He didn't want to do what I asked him to do..."
"He wasn't really doing anything on my case..."

I informed this woman that it is my policy that I do not take over a case when another attorney has withdrawn. I do not need to inherit a whole host of someone else's problems. Her response was "There are no problems with my case. Only with my attorney."

What type of client do you think this person would be?

When the client is unhappy with what the lawyer is doing, it's usually because there is a lack of communication. I will always suggest that the client sit down with their attorney and have a straight-forward conversation about their concerns. An open line of communication with the attorney is vital. Stay in the loop, keep informed, and ask your attorney for regular updates.

1/21/2009
Gerry Oginski
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NY Accidents & Injuries- "Why Isn't The Store Responsible For My Injuries?"

I was asked this question today by a very educated man. He knew someone who had walked into a store, gotten hurt while taking something off a shelf, and assumed that the store was totally responsible for the other man's injuries.

I asked "Did the store know about the dangerous condition before this man pulled the object off a shelf?" "Why is that important?" asked this intelligent young man.

It's important because in the legal world, in New York, I must be able to prove that the store had "Notice" about a dangerous condition and that the store failed to time act to correct the problem before someone got hurt. This man felt strongly that the store should be held accountable for any injury or accident that takes place within its' premises. An encouraging thought for an injured victim, however, that is not what the law says.

In order to hold a store responsible for an accident that causes injury in New York, the employees of the store had to know about the dangerous condition and fail to timely fix the problem. If the people who worked in the store did not know about a dangerous problem, how then can they be held accountable for any injuries that happen while in the store?

There is another instance where a store will be found responsible for injuries arising out of an accident. Let's say that a dangerous condition existed for a lengthy period of time, so that "everybody" who went by that area of the store knew there was a problem, yet nobody fixed it.

Where the defect is present for such a long period of time, the law says that the store, or its' employees are deemed to have "Constructive Notice" of the defect, and they should have fixed it long ago.

Here's a good example: You're in the produce section of your supermarket. A shopper immediately in front of you accidentally drops a few grapes, and seconds later you step on it. You fall and fracture your leg. Is the store responsible? In New York, the answer likely is no. Why not? Because the people who worked in the store didn't know, and didn't have enough time to know of the dangerous condition. Therefore, there was no way they could have cleaned up the grapes before the accident happened.

Ok, here's another example: What if a shopper accidentally knocks a jar of tomato sauce to the ground, causing the jar to shatter and tomato sauce to splatter all over the aisle. Suppose that ten shoppers reported the damaged jar with sauce on the floor, and after ten minutes nobody has cleaned up the mess. Along comes some oblivious shopper, mindful of only herself and her grocery list.

You know what's going to happen, right? She slips, falls, and fractures her hip. Is the store responsible? As long as we could prove that the store had a policy of cleaning up their messes within minutes of being notified, then a gap of ten minutes without a clean-up might be construed as showing they had sufficient time to clean up the problem and failed to do so.

The bottom line is that when an accident happens in a store, you must notify the management immediately; have them complete a written report, and you should immediately go to the hospital for treatment if needed.

11/26/2008
Gerry Oginski
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Negligence in New York - How to Recognize It - NY Personal Injury Lawyer Explains

Negligence is a lack of ordinary care. Here are some examples of negligence:

1. A woman in a car drops her cell phone while driving 50 miles per hour on the highway. Inexplicably, she reaches down to search for the ringing cellphone and takes her eyes off the road. You can guess what happens next.

2. A boy walking by his local pizza place is fascinated by a construction crew working on a building next door. The big equipment; the cranes, the bulldozers, the dump trucks are just waiting for him to run in and play with these "toys." The gate to the construction site is left unlocked and the front door is open. This is known in the legal field as "An attractive nuisance." The boy's curiosity encourages him to walk into the empty construction site with all these big pieces of construction machinery. What do you think can happen to a young boy playing with heavy machinery at an empty construction site?

Who do you think might have been negligent in securing the doors to the construction site? When the boy is crushed between a forklift that moved and a wall, do you think there has been a lack of reasonable care for the owner of the site and construction crew to protect the site from trespassers?

3. A company makes a ping pong table and the bolts holding the table together were not properly heat-treated, causing the bolts to have stress fractures. While playing ping pong, the table collapses and 200 lbs. worth of ping pong table crushes the leg of a young girl with aspirations of becoming a gymnast. Do you think the manufacturer of the ping pong table owed a duty of reasonable care to the consumer who knows nothing of the manufacturing process?

4. A mechanic fixes your brakes on your 2005 Ford Taurus. He charges you four hundred dollars and tells you the brakes are good as new. What he doesn't tell you is that he only learned how to fix brakes last week, and forgot to test drive them before allowing you to drive home. You get in the car to go home and when you approach a red light, you naturally put your foot on the brake. Can you guess what happens? There is no brake. Putting your foot on the brake does nothing and the resulting crash puts you in the hospital for three weeks, and the driver of the car in front of you is in surgery as we speak.

Is it reasonable for the owner of the car repair shop to have looked into the credentials and experience of the mechanic before hiring him?

5. You are a pedestrian crossing the street with a "Walk" sign, in the crosswalk, when you are hit by a car that went through a red light. Is it reasonable to assume that a driver will recognize that a red traffic light means "STOP" and not "GO"?

6. You are an avid bicycle rider, riding in the street in the same direction of traffic. A man in a parked car decides at that moment to fling open his driver-side door to exit his car. Unfortunately for you, you were about to pass his car but were thrust into moving traffic by a 50 lb car door that destroyed your femur and caused the car behind you to drive over your legs and your bike. Do you think this person who flung open the door was careless for not looking behind him to see if there was any oncoming traffic?

These examples of negligence are seen every day by an experienced New York personal injury trial lawyer. When you've been a victim of negligence there are important steps you need to take in order to protect your legal rights. Knowing these rights will help you in deciding what your options are.

About Gerry

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

For more information, call Gerry personally at 516-487-8207 for answers to your legal questions.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on New York Medical Malpractice, Wrongful Death & Accident law.



11/26/2008
Gerry Oginski
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Injured Accident Victim Says "I Want You to Call the Insurance Company NOW!"

The prospective client walked into your office and tells you that she has all the records from her case. She spoon-feeds you which records she has: The police report, the ambulance report, part of the emergency room record and one physical therapy note. "Where are the rest of the records?" you ask. "Oh those, they're not important...anyway, my prior lawyer said this was enough to start a lawsuit in New York," says the eager-to-sign prospective client.

By now, two red warning flags should have gone up.

1. That this potential client had a prior attorney, and 
2. That this potential client has only some of the records, and she feels, based on someone else's advice, that this is sufficient to proceed with a personal injury lawsuit in New York.

Now, having a prior attorney is fine. The question any attorney will want to know is: Why did you leave your prior attorney? The answer to that question will tell volumes. The second issue is why is the potential client feeding you certain records and not providing you with all of the records?

The nice woman sitting in your office chair tells you that under no circumstance are you to request records from her treating primary care doctor because "I left on bad terms, and I want nothing to do with him." She also tells you that she refuses to go for a physical examination by a doctor of the defense lawyer's choosing because "my medical condition is private and nobody is going to poke and prod me in my body when I'm complaining about an injury to my head and arm."

Can you guess how this conversation is going to go?

She next tells you that "I want you to get on the phone with the insurance company immediately, because the insurance company must surely know your excellent reputation and tell them they have to come up with a lot of money to settle my case, otherwise we'll take them to trial."

If you haven't guessed by now, this potential client is very demanding. The warning flags went up the moment she started telling the lawyer what SHE wanted done.

The bottom line is that when the client starts telling the lawyer how to handle her New York personal injury matter, there will be many problems. It is the lawyer's obligation to provide advice based upon his or her experience and knowledge. When the potential client simply will not listen or does not want to listen to the attorney's advice and directs how the case is to proceed, then you can easily envision significant problems down the road.

About Gerry:

Gerry Oginski is an experienced medical malpractice & personal injury trial lawyer practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau, Suffolk & Long Island and has been in practice since 1988.

He is a graduate of Touro College, Jacob Fuchsberg College of Law in Huntington, NY and he is admitted to practice law in New York and Connecticut. He started his legal career working for a defense firm on Wall Street representing doctors, hospitals and businesses who were sued. Four years later he felt the gravitational pull to represent injured victims of medical negligence and accidents. After doing defense work, he joined a personal injury law firm in Brooklyn, NY representing injured victims, and then four years later, joined forces with a large law firm in Queens, NY. While there, he was in charge of the medical malpractice department, and in 2002 opened his own office for the practice of law. His main office is located in Great Neck, Long Island, and he has affiliate offices in Brooklyn and Staten Island.

Gerry prides himself on knowing all the details of each case he handles. Cases are not handed off to associates. When a client calls, he doesn't need to check a file to determine what happened last on the client's case. He knows what happened, since he was the one who handled the matter.

Gerry has become a prolific writer and publishes a monthly newsletter full of legal news, fun trivia games, and a never-ending fictional story that has won him accolades with all who read his newsletter. In addition to his newsletter, he has produced and created an entire video library of instructional videos that help consumers learn about medical malpractice and accident law in New York.

Gerry welcomes all calls about any accident or injury from a doctor or hospital in the State of New York. He promises to give you a straightforward and honest answer about every question you ask. Take a look at his website, where he has over 200 FAQ's, free reports about medical malpractice, wrongful death and accident cases, actual testimony of doctors in cases he's handled, and an entire video library you really should see.

If that's not enough, take a look at his blog where he offers free information about medical malpractice and accident law and when you've finished reading his blog at http://www.nymedicalmalpracticeblog.com, jump over to his video blog where he has most of his videos posted at http://medicalmalpracticetutorial.blogspot.com - you'll be glad you did.



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