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Blog Category:

Medical Malpractice

8/15/2009
Gerry Oginski
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MEDICAL MALPRACTICE IN NEW YORK: 3 WAYS TO IMPROVE YOUR CHANCES OF BEING INVITED INTO AN ATTORNEY’S OFFICE

1. Be clear and concise when telling your lawyer what your legal problem is. 

There is nothing worse than having a potential client call and literally ramble endlessly without a defined purpose. I understand that when you make that big leap and call an attorney, you want to explain every detail that caused you to call an attorney. 

However, the purpose of talking to you on the phone is only to get a brief summary. I personally use the call as a screening tool to determine if your case is one that I’d be interested in looking into. I also use our call to find out what you think was done wrong that caused you permanent harm.

2. Be able to tell your lawyer what permanent injuries or disability you or your family member suffered as a result of wrongdoing.

Any attorney who handles medical malpractice cases in New York needs to know what injury or permanent disability you suffered. If you have no injury, or your injury is minor then most experienced attorneys in New York (myself included) would not accept such a case.

3. Have specific documents in one central place.

It helps greatly if you can locate and put into a folder documents such as health insurance explanation of benefits; marriage certificate; income tax records (if you are claiming lost earnings or lost future earnings); medicare or medicaid card, health insurance card; any medical records you may have; as well as a list of all doctors you have seen over the last 3 years.

CONCLUSION: 

By having this information when you call an attorney’s office you stand a much better chance of not only impressing the attorney with your knowledge, but being invited to meet with the attorney in person to evaluate your case.



3/4/2009
Gerry Oginski
Comments (1)

Doctors Want Patients To Waive Their Right to Comment Online!

I thought I'd heard everything by now. I was wrong.

A North Carolina neurosurgeon has created a company that provides doctors with a written waiver (for a fee) that basically says, I agree not to post negative reviews about my doctor online.

Wow. The premise is that patients have the ability to comment anonymously online about a doctor. This neurosurgeon, Dr. Jeffrey Segal hopes this will nip the negative criticism's in the bud. 

Here's how it works. When you walk into a doctor's office, you are required to fill out lots of forms. One form that this doctor advocates having patients sign is a "Waiver." This means that the patient gives up their right to post opinions about the doctor online. The article does not mention what has happened if a patient refuses to sign such a waiver, or whether the patient will still be seen and treated.

This waiver appears to be nothing more than an attempt by doctors to limit the negative opinions that patients may truly have. Sounds like a restriction of freedom of speech to me. 

2/14/2009
Gerry Oginski
Comments (0)

New York Medical Malpractice-Unnecessary Gyn Surgery

Just uploaded a new informative video about a young woman who had a hysterectomy and didn't need one. Find out what the doctor told this young woman would happen if she didn't have her uterus surgically removed. Learn what the pathologist found after the surgery was over. Click here to watch the video.

Emergency Room Errors

6/10/2009
Gerry Oginski
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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?

 




Negligence Cases

2/21/2009
Gerry Oginski
Comments (0)

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
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.



New York Medical Malpractice Video Blog

    Did you know that a deposition is nothing more than a question and answer session in your lawyer's office? It's true. The only difference is that it's sworn testimony, as if you are testifying at trial. Watch the video to learn more. This is the 5th video, in a series of videos that explain how medical malpractice cases work in New York.
    Learn what an "Answer" is. Find out what "Affirmative Defenses" are and how defense attorneys use them. Watch the video to learn more. This is the 4th video, in a series of videos that explain how medical malpractice cases work in New York.
    You believe you have a valid medical malpractice case. Find out what documents actually start your lawsuit and learn who actually delivers the papers to begin your New York medical malpractice case. Watch the video to learn more. This is the 3rd video, in a series of videos, that helps you understand how medical malpractice cases work in New York.
    Did you know that in order to start a medical malpractice lawsuit in New York, we must have confirmation from a medical expert? It's true. Watch the video to learn more. This is the 2nd video in a series of videos about how medical malpractice cases work in New York.
    How does an attorney get copies of your medical records in order to evaluate your possible case. Watch the video to learn how. This is the first video, in a series of videos, that help you learn how medical malpractice cases work in the state of New York.

NY Medical Malpractice and Accidents

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