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BREAKING NEWS-Gerry Oginski gets $1.5 million verdict in Westchester
Posted on 7/23/2010
Gerry's Video Made The New York Times Blog!
Posted on 2/22/2010
Nyack doctor fined $150,000 by state
Posted on 1/3/2010
Gerry Oginski gives Lecture on Medical Malpractice for Continuing Legal Education Course
Posted on 12/14/2009
Charleston attorney helps win record medical malpractice case in Tennessee
Posted on 7/18/2009
An Open Letter to President Obama on Medical Malpractice in New York
Posted on 6/16/2009
Our Website Comes Up #1 for 'NY Medical Malpractice Attorney' Out of 2.1 Million websites
Posted on 6/13/2009
Bicycle Accidents In New York City-An experienced NY Negligence Attorney Explains
Posted on 4/18/2009
Gerry's Videos Watched over 76,000 times
Posted on 4/14/2009
Twitter, Facebook & Internet Lead to Mistrials
Posted on 3/18/2009

HOW LAWSUITS WORK

You’ve just won a large verdict in your New York medical malpractice case. What happens next?

Medical Malpractice

Untimely C-Section and Developmental Delays

Testicular Torsion- New York Medical Malpractice Attorney Explains

Gynecology Errors and Mistakes

Anesthesia Overdose in New York

How Does a Hospital Fail To Diagnose a Heart Attack?

Dental Malpractice Nightmare- Learn why my client was willing to give me a written testimonial to post on my website.

Practical Advice for New Yorkers

Actual Deposition Testimony of Doctors in Malpractice Cases

New York Injury Times- our new newsletter

Medical Malpractice

8/8/2010
Gerry Oginski
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“New Heart, New Problems” Organ transplants are a medical advancement that has saved countless lives. For people on an organ transplant list, waiting to receive a heart, kidney, lung, etc. can be one of the most anxious periods in one's life. After all, successfully receiving an organ often means life itself. But even after an organ becomes available, there are still risks involved in the procedure, and even after the procedure, in post-op care. Despite these inherent risks, patients almost always opt for the chance at a healthy life rather than the certainty of death.

Labels: attack attorney death heart improper lawsuit lawyer medical malpractice transplant wrongful

7/26/2010
Gerry Oginski
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Residents Performing Unsupervised Operations

What happens when doctors-in-training perform surgery unsupervised? Think it doesn't happen? Think again. As more hospitals cut back on expenses, training and personnel, who do you think suffers the most? The nurses? The technicians? The doctors? Wrong. The patient suffers. Read the article to learn why.

Labels: "medical malpractice" "new york" accident attorney bronx brooklyn death error lawsuit lawyer manhattan misdiagnosis mistake nassau queens

7/3/2010
Gerry Oginski
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NY Medical Malpractice lawyer has solution for medical malpractice

Have you ever wondered why there's so much friction between lawyers and doctors? Doctors don't like lawyers, believing that we are evil and only look to sue undeserving doctors. Lawyers believe there are doctors in practice who are truly harming patients. The friction can be palpable. One smart lawyer has the answer that will solve the problem...

Labels: attorney death doctor error hospital lawyer malpractice medical malpractice misdiagnosis mistake new york ny untimely wrongful

2/7/2010
Gerry Oginski
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$2.9 Million Settlement for Death of 6 Year Old While in MRI

In a horribly tragic case in Westchester, New York, a 6 year old boy was killed while undergoing an MRI in 2001. A technician had been walking by with an oxygen cannister that should never have been in the area because of the powerful magnet being used. The cannister became a missile and struck and killed the little boy.

Labels: death john hochfelder kramer diloff livingston moore matt gaier medical malpractice negligence new york ny tom moore trial westchester wrongful

1/22/2010
Gerry Oginski
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"Almost" Doesn't Count

I often get calls from potential clients telling me that because of some doctor's wrongdoing they "almost" died. Luckily for them, "almost" doesn't count. Some callers say they almost suffered permanent harm from carelessness of a doctor or nurse. Again, "almost" doesn't count.

Labels: attorney bronx brooklyn cancer death doctor error hospital lawyer manhattan medical malpractice misdiagnosis mistake nassau new york ny nyc queens suffolk surgery

12/21/2009
Gerry Oginski
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NY Medical Malpractice-How To Find an Attorney

It's holiday time. You're sitting around the table listening to family members discuss the tragedy that has befallen on someone close to you. You hear these questions: "How did this happen?" "Why did this happen?" "Why didn't the doctor speak to us after it happened?" "What if..." Read the article to learn more...

11/17/2009
Gerry Oginski
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"Please Take Over My Medical Malpractice Trial...NOW" pleads woman in middle of a trial

I received a call late tonight from a woman who was in the middle of a medical malpractice trial here in New York. She asked whether I would like to take over her case since she was unhappy with how her attorney was representing her. I told her that it would be impossible since the trial judge would not suspend her trial just to get a new attorney. Nor would the judge give her a 'do-over' because she didn't like the way the testimony was going in to the jury. The middle of a trial is not the time to realize that you don't like your attorney.

Labels: "medical malpractice" "new york" accident attorney auto bicycle bike brain damage brooklyn bus accident car accident cause of death death misdiagnosis negligence ny

4/20/2009
Gerry Oginski
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Doctors Gone Wild

Gerry's new book, DOCTORS GONE WILD, is an insider's view of medical malpractice cases here in New York. Reading this book you’ll learn 10 Reasons Why You Shouldn't Sue Your Doctor. You'll learn about a Urology Disaster, a Dental Implant Nightmare, a botched breast reduction surgery. Find out whether a doctor who perforates your colon during colonoscopy is responsible for your injuries. Learn about a failure to diagnose ectopic pregnancy, failure to diagnose lung cancer, emergency room mistakes and much much more. If you live in New York, and want to learn about medical malpractice cases in New York, you can download the book immediately, for FREE! Just click here and enter your information.

Labels: accident attorney cancer cases death doctor error gerry oginski lawyer medical malpractice misdiagnosis mistake negligence new york ny untimely wrongful

Surgical mistakes

4/4/2010
Gerry Oginski
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Death From A Ruptured Shunt-NY Medical Malpractice Lawyer Explains

Today's video tip is is about a man who bled to death after undergoing dialysis. This man had been receiving dialysis for about a year or two. And in the week before the fateful day he had been complaining to the nurse and the technician who set up the dialysis equipment that he was having pain in his arm where the equipment would be attached. Dialysis patients have something called an AV shunt, which is a connection between the artery and the vein that resides in the arm. And the nurse or the technician attaches the needle into that shunt in order to filter the patient's blood.

Labels: attorney bronx brooklyn death dialysis kidney lawyer medical malpractice negligence new york ny nyc queens rupture shunt wrongful death

Emergency Room Errors

8/10/2010
Gerry Oginski
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Sepsis Misdiagnosis

Most patients do not have any background in medicine and even one’s that do, usually blindly rely on a doctor’s diagnosis and suggested treatment when confronted with a medical problem. But what happens when the doctors get it wrong? What happens when they miss a diagnosis and fail to provide necessary treatment?

Labels: bronx brooklyn death error failure to diagnose medical malpractice misdiagnosis new york ny sepsis septic shock

Wrongful Death Cases

8/4/2009
Gerry Oginski
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Driver in Wrong-Way Crash on Taconic highway That Killed 8 Was Drunk

The New York Times reported today that the horrific crash involving a woman who drove the wrong way on the Taconic highway in Westchester, New York, kill herself, her two year old daughter and three nieces, together with three men who were driving the correct way, was caused because this woman was drunk at the time of the accident.

Reading this article, you can't help but wonder how someone could do this to her kids, her brother's kids and to unsuspecting drivers going about their business. It's just shocking and absolutely stunning. The autopsy reported a blood alcohol level of 0.19 and that it was fresh, with some alcohol still remaining in her stomach.

Investigators couldn't figure out what would have caused this woman to cause such a tragedy. Now, we know that it was her own decision to drink and drive causing the needless deaths of seven people and herself.

Negligence is carelessness. The facts, as reported in Newsday and the New York Times would clearly suggest that these deaths were caused by this woman's carelessness. What a tragedy. My heart goes out to their families.

Read the full article here.

11/29/2008
Gerry Oginski
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Wal-Mart Stampede in New York-Who's At Fault?

Early morning shoppers on Black Firday, at a Walmart in Valley Stream, NY turned their desire for discounted price shopping into a deadly stampede.

The crowd rushed through the Walmart doors without regard for human life or safety. A 34 year old man, Jdimytai Damour was crushed to death in the massive stampede.

Importantly, Newsday reported today, November 29, 2008 that Walmart defended their security at the store claiming that they had hired extra security staff as well as hired additional store employees and placed barricades.

Even before the young man was buried, finger pointing started. The president of the Nassau County Police Benevolent Association was quoted in Newsday saying that the Nassau County Police Department should have planned better and should have assigned more officers to patrol high-traffic shopping areas. Countering that statement was the NCPD spokesman who clearly stated that it is the stores' responsibility to provide store security. Compounding the finger pointing, the president of Union Local 1500, Bruce Both of the United Food and Commercial Workers Union is quoted by CNN.com as saying "Where were the safety barriers? Where was security? How did store management not see dangerous numbers of customers barreling down on the store in such an unsafe manner? This is not just tragic; it rises to a level of blatant irresponsibility by Wal-Mart."

OK, so here's the crucial question:

Who's at fault for this horrible display of greed causing total disregard for human life?
Is it Walmart?
Is it the extra security hired by Walmart?
Is it the Nassau County Police Department?

The answers may not be clear-cut and here's why.

(1) In New York, negligence is defined as lack of ordinary care. Was Walmart at fault for not anticipating large and rowdy crowds at their 5:00 a.m. opening on the day after Thanksgiving? According to another report in Newsday, Walmart is quoted as saying that they did expect large crowds and appropriately hired additional staff to deal with the crowds. Another story in Newsday by reporter Ellen Yan stated that "Several major chains have adopted crowd management, which can range from barricades to bargain information." A security expert, Lou Palumbo was quoted as saying that "You don't wait until [the crowds] are at your door. You push out your perimeters and start to orderly allow people onto your property."

(2) Did Walmart hire these additional security personnel as independent contractors from an employment or security agency or were they considered Walmart employees. The distinction is important for determining whether Walmart is legally responsible for the actions of their employees.

(3) Was the security in place at Walmart sufficient to allow for the orderly processing of shoppers into the store? The answer appears to be an obvious "No," based on the facts as reported in the newspapers.

(4) There is also a report coming out of news reports that a Walmart employee seems to have antagonized the crowd by telling them that the store would open before 5:00 a.m., and then immediately telling them that it was a joke and would not open before 5:00 a.m. It is not yet clear whether this was a root cause for the pushing that led to this disaster.

(5) Is the police department responsible? Well, we know that the stores are responsible for store security, however, these lines and barricades are taking place outside the store. The other question is whether the owner of the property bears any responsibility for this disaster in failing to properly plan and execute security and control for the stores on its' property.

(6) Were the additional security staff properly trained for dealing with such large and unruly crowds? Only a lawsuit and discovery of what these people knew will give us the answers to that question. If they were 'rent-a-cops' hired to temporarily staff the parking lot and store for this day only, an argument could be made that their training was totally insufficient to deal with the tragedy that took place on Friday.

Let's assume that negligence can be proven against at least one of the groups listed above. The next important question is what is the value of this young man's life?

DAMAGES

The value of human life is incapable of an exact number. If you ask a mother what the value of her son is, her reply will be that he was "Priceless." If you ask an economist the value of human life, he will look at what that man was earning, whether he was supporting a family, what his personal yearly expenses were, what benefits he was receiving from work, including health insurance and a pension plan. The economist will come up with a range of numbers taking into account inflation. Inflation is a change in the amount of money you have today compared to the value of that money years from today.

In New York, when a family brings a negligence lawsuit for someone's untimely death, this is known as a "Wrongful death" lawsuit. Typically, the damages in a negligence and wrongful death lawsuit include (1) pain and suffering from the time of the incident until his untimely death; (2) pecuniary loss-which is a fancy term for "economic loss" to the victims' family; and (3) the loss of a parent or child.

In cases where the victim was not working, then it is impossible to claim that the victims' family suffered financial loss as a result of their loved ones' death.

In this case, it is also not clear yet what the precise cause of death was, as the medical examiner has not yet completed an autopsy. However, if it can be shown that the victim experienced seconds or even minutes of pain and suffering before his death, also known as fear of impending doom, then a claim for pain and suffering can usually survive an attempt by defense lawyers to dismiss that claim prior to trial.

THE BOTTOM LINE

If in fact this tragedy was preventable and could have been avoided, then Mr. Damour's family is entitled to be compensated for the horror that their son suffered. When trying to find an attorney to handle this type of wrongful death case make sure you find an experienced personal injury and accident lawyer that handles negligence cases and wrongful death lawsuits in the State Of New York.

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.

Bicycle Accidents

11/17/2008
Gerry Oginski
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Queens Bicycle Rider Hit By Car at a T Intersection-New York Accident Attorney Explains

My client was out riding his bicycle on a beautiful sunny Spring day this year, on a quiet stretch of road in Queens. He was approaching an intersection where cars were coming off of the Grand Central Parkway exit ramp. As a driver coming from the Grand Central heads down the exit ramp, he is left with one of two choices as he approaches the T intersection: Either turn left, or turn right. If you are going to make a left turn, you must get into the left-hand turning lane. There is a stop sign at that T intersection for cars just getting off the GCP exit. In this case, a driver coming off the Grand Central Parkway exit ramp got into the left-hand turning lane and proceeded to stop at the Stop sign. A good thing he did.

However, instead of looking to his left, which is where he was intending to turn, to check for oncoming traffic, he looked to his right and removed his foot from the brake and applied the gas. As he did so, he proceeded to hit my bike-riding client-who by the way was in the middle of the intersection, on the right side of his body, throwing him to the pavement. A trip to the emergency room revealed a fractured finger, that days later required surgery to correct. An MRI of the knee revealed damage to a tendon, which required arthroscopic surgery to fix.

In addition, my client suffered a significant shoulder injury requiring extensive physical therapy. This young man, who was wearing his helmet at the time of impact, was a computer programmer and because of the injury to his finger and surgery, had great difficulty typing and performing his job duties. Recuperation and physical therapy has helped him regain function to his finger and hand, and he performs strengthening exercises each day.

This accident was preventable. The careless and negligent driver had only to look to his left to see what he should have seen. Had he merely looked to his left, he would have seen my client riding his bike peacefully on a beautiful Saturday morning. Instead, through the negligence of this driver, my client's day was turned upside down.

Negligence Cases

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.

Labels: 911 accident ambulance curtis mitchell death emergency medical medical malpractice neglect negligence new york ny nyc Pennsylvania Pittsburgh services

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.

Car Accidents

4/3/2009
Gerry Oginski
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Is It Ethical For a Lawyer To Send a Letter to a Car Accident Victim?

Q: My mother was in a car accident last week, and already she's gotten letters from lawyers

asking if she's ok, and if she wants a lawyer? Is it ethical for a lawyer to send such a letter?

A: First, I hope she is feeling better. Second, in limited circumstances in New York, it may be

'acceptable' for an attorney to send such a letter to a victim of an accident. However, new ethical rules

say that a lawyer may not send an unsolicited letter to a victim's family within the first 30 days of the

incident.

In any event, the majority of lawyers feel such a letter to a victims' home is demeaning and degrading.

Some lawyers feel this is nothing but a solicitation, which is clearly not permitted in New York. Other

attorneys (the ones who send these letters) feel that it may be their only chance to entice the injured

victim to come to them as a client.

The letter is supposed to only offer them legal assistance and guidance- should they want it. Again, how

do you choose which attorney to use when you're inundated with a flood of letters from different

lawyers promising to help you with your accident claim?

The answer is simpler than you think. Ask yourself why an attorney would even bother to send such a

letter. Are they really that desperate to need to send such a letter? How did they get your name anyway?

I'll tell you how- maybe it came from the tow truck operator who took your car away. Maybe it was

from an ambulance technician. Maybe it was from a police blotter at the police station. (That's public

information that many investigators working for lawyers troll for in various police stations).

Ask yourself another question. Do you let a stranger into your house simply because he says he saw you

need a paint job, and amazingly, he's a painter who is willing to paint your house for a great price? Did

you call him? No. Did you seek out other customers of his to determine if he's reliable and professional?

No. He just showed up while trolling through the neighborhood. Is this the type of painter you want

working on and in your house? I don't think so.

The same rationale holds true for a lawyer that sends you an unsolicited letter following an accident.

What do you know about that lawyer? Probably nothing. Does that mean that he (or she) isn't a good

lawyer? No. But, again, think who you want for your attorney. Does it help knowing that your lawyer

gets many cases this way, by sending out unsolicited lawyer letters hoping that a few unknowing people

will answer the letter? The choice, as always is yours. Make an informed choice.

Labels: "gerry oginski" "new york" accident accident report ambulance attorney bicycle bike bronx brooklyn bus car death fracture lawyer long island nassau negligence negligence cases

11/26/2008
Gerry Oginski
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NY NEGLIGENCE LAWYER-The Large Law Firm Trap

You suffered a terrible accident. You have been in the hospital for weeks now. Your family is angry that you are now physically disabled. You wonder when, if ever, you'll be able to return to work. Physical therapy is not helping much. Your treating doctors are not that encouraging. You fall into a state of despair. You know you want to sue the driver of the car that hit you and caused all these ailments, but you do not know a New York accident attorney. Nor do you have any friends who know a good attorney they could recommend.

General

7/22/2009
Gerry Oginski
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DREAMS-An Inspiration

Your dreams are gifts that set you in motion.

On the tides of time where life is an ocean.

Your sails are filled with the winds of desire, to surge through the wake of muck and mire.

And when you awaken with your goal at hand, you see your true destination was the voyage, not the land!

(Comment: I read this many years ago, and found it to be very inspiring. I would love to credit the author, but do not know who it is.)

Labels: attorney death dreams gerry oginski injury inspiration lawsuit lawyer medical malpractice negligence new york

3/14/2009
Gerry Oginski
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Are You The Perfect Client?

Every person who calls my office thinks that they are the perfect client.
Every person truly believes they have a valid case.
Every caller believes their injuries are worth more than the national treasury.

From an attorney's perspective, just who is the perfect client?

A perfect client is one who is willing to listen.
A perfect client is one who is willing to learn.
A perfect client is one who is willing to go on a stressful journey with someone they trust as their legal guide.
A perfect client it one who communicates with me.
A perfect client is one who does not demand, yell, scream or give ultimatums.
A perfect client is one who, after listening to my lawyerly advice, makes an intelligent decision about how to proceed, regardless of whether they agree with my advice or not.
A perfect client is one who responds to my letters, emails and phone calls.
A perfect client is one who is helpful and assists me when I prosecute their case.

A perfect client respects me, my time and my secretary.

Does every client have to be the perfect client? No. But having a perfect client makes the attorney-client relationship that much more enjoyable.