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Medical Malpractice

5/8/2009
Gerry Oginski
Comments (2)

Enclosed Is Your Check For $1 Million Dollars

Here's a letter I received:

"Dear Mr. Oginski, 

Enclosed is your check for $1,000,000. This represents the full and final settlement of this action."

Looking at this remarkable check, I couldn't help but think how useful this will be for my client who suffered permanent and irreversible injury due to medical wrongdoing. So often we read about injured victims who abuse the legal process for their own financial gain, as well as lawyers looking to make a quick buck at the expense of their clients. However, little is written about the seriously injured victim who goes quietly into the night after settling their case with a "no publicity" clause.

In New York, many insurance companies demand that the attorney and injured victim agree not to publicize the terms of the settlement. The injured victim is often left without much choice should they wish to settle their case for the number being offered by the insurance company. Obviously, if the settlement offer is unacceptable and the case goes to a verdict, the winner is free to publicize that verdict in any way they choose.

There are some people who think that a $1 million settlement is a windfall. There are others who look at it as a winning lottery ticket. Yet there are similarly injured victims who look at it as insufficient compensation for the horrible and irreversible injuries this person suffered through no fault of their own.

So, when I saw the check addressed to my client and my law firm telling me "Here's your $1 million dollar settlement, I couldn't help but think about the injuries, the suffering, and the turmoil my client endured to justify obtaining a $1 million settlement on his case.

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2 Comments to "Enclosed Is Your Check For $1 Million Dollars"

Gerry, you are a remarkable lawyer.You work hard for your clients and you get good results. Congratulations!
Posted by Joe / Atlanta, Ga on May 29, 2009 at 08:52 PM
It is too bad that many of these cases are settled. Too bad because of the "no publicity" clause means that these doctors, hospitals or nursing homes will be free to continue doing what caused them to be sued in the first place.

I understand that most if not all who sue need the money for their physical loss, loss of income, etc. but it is sad not being able to tell the world what they did wrong.

I would hate to settle if only because I would be free to shout out to the world what they did.
Posted by Carmen Flores on May 29, 2009 at 05:56 PM

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