The Law Office Of Gerald Oginski, LLC

Practice Areas

Blog

New York Medical Malpractice Video Blog

NY Medical Malpractice and Accidents

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

12/23/2009
Gerry Oginski
Comments (0)

EMTs Accused of Ignoring Dying Woman Get Suspended, Investigated

Two New York Emergency Medical Technician's employed by the New York Fire Department were suspended yesterday for failing to help a pregnant woman after she had collapsed. Instead, according to reports, they directed people to call 911. How's that for cold comfort?

Both mother and baby died. Results of the autopsy are pending.
Read the article here at Gothamist for a chilling account of indifference by people who are paid to help injured victims.

Labels: ambulance attorney emt emts lawsuit lawyer medical malpractice new york new york city notice of claim ny nyc nyfd nypd time to file claim wrongful death

1/16/2009
Gerry Oginski
Comments (0)

Neurosurgery Delay Results in Pre-trial Settlement

A woman who had spinal surgery was sent home shortly after undergoing successful spine surgery.

Two days later, she was unable to move her legs and had difficulty urinating. A call to the surgeon's office revealed that the surgeon was unavailable, and he would get back to the family shortly. A repeat phone call to the doctor's office resulted in being told to wait for an available hospital bed, and that they would be called as soon as a bed opened up.

The family decided they could not wait at home as the patient's symptoms were getting progressively worse. The doctor's office had told them to go directly to the admitting office where they would wait until a bed was available. Unfortunately, this patient waited about five hours in the admitting office for a bed. During this time, she was never examined or treated by any physician.

Once the patient was admitted to the hospital, the wrong diagnostic imaging test was performed. The imaging test turned out to be inconclusive, and it wasn't until a full day later that the "gold standard" imaging test was done. This conclusively showed there was a fluid collection in the area of her prior surgery that was compressing her spine.

The reason she had neurological symptoms was because the buildup of fluid compressed the spine. In spite of these findings, surgery was not performed immediately to remove the fluid and relieve the pressure on the spine. It was not until many hours later when surgery was finally performed and the fluid evacuated.

The patient required hospitalization and then a transfer to a rehabilitation facility. She had difficulty walking and ambulating. After a few weeks in physical rehab, she was finally sent home to recuperate.

Shortly before we were scheduled to begin jury selection on this case, all sides were able to reach a mutually agreeable pre-trial settlement. Because the terms of the settlement require confidentiality, I am unable to disclose the amount of the settlement, the people involved or where within New York this took place.

Emergency Room Errors

6/10/2009
Gerry Oginski
Comments (0)

New York Medical Malpractice Insurer Has One Foot in Bankruptcy The Other on a Banana Peel

This comment is brought to you straight from White Coat's Callroom, a blog from Inside the Emergency Department.

"Physician’s Reciprocal Insurers, a med mal carrier that insures 25% of New York’s physicians has one foot in bankruptcy court and the other foot on a banana peel. State mandated insurance premium rate freezes appear to be partly to blame. How could this happen if insurers are raking in the money and are really responsible for the medical malpractice crisis."

He raises an excellent question. Why aren't more physicians asking the same question?

Labels: "gerry oginski" "medical malpractice" "new york" accident ambulance attorney lawyer manhattan negligence ny nyc

Bicycle Accidents

11/17/2008
Gerry Oginski
Comments (0)

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
Comments (0)

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

1/10/2010
Gerry Oginski
Comments (1)

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.

Labels: accident ambulance ambulance chasers attorney bronx brooklyn chaser chasers lawsuit lawyer manhattan medical malpractice nassau new york ny nyc queens shark suffolk victim

1/21/2009
Gerry Oginski
Comments (0)

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.

Car Accidents

4/23/2010
Gerry Oginski
Comments (0)

Physical Therapy You Can Expect to Receive After a Car Accident

An automobile accident is a traumatic experience, one that brings on various mixed feelings. On the one hand you’re grateful to be alive, but on the other you’re wondering how you’re going to cope with the injuries the mishap has left you with. Different accidents give rise to different kinds of mishaps, so your treatment needs tend to vary accordingly. In general, if you suffer broken bones and sprained muscles, you may need surgical care first before moving on to physiotherapy.

Labels: accident ambulance attorney broken bones car accident fracture hospital injury lawsuit lawyer motor vehicle new york ny physical physiotherapy therapy

4/3/2009
Gerry Oginski
Comments (0)

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
Comments (0)

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.

11/17/2008
Gerry Oginski
Comments (0)

NEW YORK CAR ACCIDENTS-6 REASONS TO SUE THE DRIVER WHO HIT YOUR CAR

You were on your way to work that morning, and never saw him blow past the stop sign without ever slowing down. 1. You can’t believe he destroyed your car. 2. You can’t believe you had to be removed from your car with the “Jaws of Life” that the fire department uses to open crushed cars. After being taken out on a backboard and having your head, neck and body strapped to the board and placed onto a stretcher in the ambulance, you still can’t believe you had to go to the emergency room.

General

7/6/2009
Gerry Oginski
Comments (3)

Great Neck Firefighter Saves Cardiac Arrest Victim in Fort Myers, Florida

July 4, 2009

At 7 PM on July 4, in Fort Myers airport, Florida my family and I were walking toward the boarding gate of our JetBlue flight 138 heading back home to New York. As we approached the boarding gate, we saw a gate attendant kneeling on the floor next to an elderly man who was clearly unresponsive. The gate attendant had his finger on the man’s carotid artery, checking for a pulse. My son immediately dropped his laptop ran over to the man on the floor, announced that he was a first responder and a firefighter and also checked for a pulse. Having found no pulse and that he was not breathing, my son directed that they immediately begin CPR and advised the gate attendant to begin chest compressions.

A few moments later, a Port Authority policeman arrived and my son requested a mask to ventilate his lungs.

Together, the gate attendant and my son worked as a team to perform CPR on this cardiac arrest victim. If you’ve ever performed CPR it is physically taxing. Your adrenaline is pumping and you’re focused on reviving the patient.

Chest compressions and ventilation continued for minutes until the pilot of our plane and another Port Authority police officer arrived with an automatic external defibrillator. Two large electrodes strips were placed on this man’s body and the defibrilator was activated.

If you’ve never seen an automatic defibrillator in action, it’s fascinating to watch and to hear. It announces that it is evaluating the patient’s heart rate and once it has finished assessing heart rate, it immediately recommends action and whether or not to shock the patient in an attempt to restore the normal heart rhythm.

After the first assessment was made by the automatic defibrilator, it recommended that the patient be shocked immediately. Once you press the button to administer the shock, the automatic defibrilator advises that everyone should stand back away from the patient. If you’ve ever seen someone shocked using defibrillator paddles on TV, it is the same as watching it in real life. A tremendous jolt of electricity is sent throughout the patient’s body to try and restore the heart rhythm or to get the heart rhythm reverted back to normal.

In this case, after the shock had been administered, my son and the gate attendant continued CPR until the automatic defibrilator advised to momentarily stop so it could check for a heart rate. At this point, there was still no heart rate or respirations. The defibrillator again recommended shocking the patient, and after the patient was shocked for the second time, the patient regained a pulse and respirations. My son together with an EMS attendant and the gate attendant turned the patient onto his side in order to prevent him from inhaling any fluids into his lungs (known as aspiration), now that he was breathing again.

By this time, two other emergency medical crews arrived and took over where my son had left off.

My son is 17 years old and is a volunteer firefighter with the Vigilant Fire Department here in Great Neck. Watching my son take control of this medical emergency and selflessly run to help this man in distress gave me the greatest feeling I could ever have as a parent. All of his training with the fire department effortlessly kicked into gear and I’m proud to say that my son helped save a life on July 4, 2009, Independence Day.

On the plane ride home to New York, my son told me this was his 15th time performing CPR. Looking at him, I could see the sparkle in his eye knowing that he did something good for someone else. Even though we were unaware of this man’s fate, I couldn’t help but think what a great person my son turned out to be.