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Erbs Palsy and Klumpke's Palsy

11/27/2009
Gerry Oginski
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Failure to Diagnose Aneurysm

What is an aneurysm? How does someone fail to diagnose an aneurysm? What are the ramifications of missing a bleeding or rupturing aneurysm? Read the blog post to find out.

Negligence Cases

3/21/2009
Gerry Oginski
Comments (1)

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.

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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