This blog is designed to educate and inform you about interesting things in the world of medicine and law and how they intersect. I offer news items, commentary and opinion on my blog. I welcome your comments and thoughts. To learn more about how medical malpractice, accident cases and wrongful death cases work in New York, I encourage you to explore my popular website here, http://www.oginski-law.com. As always, if you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by email at lawmed10@yahoo.com. I welcome your call!
We can empathize with someone who is in pain. We “feel” for them. We can feel compassion. We can feel sympathy. We can recognize that they have pain we do not.
Take a look at some comments about Gerry's lecture to lawyers about medical malpractice law in NY. Every lawyer is required to keep abreast of continuing
The New York Post is reporting this week on an analysis of New York City comptroller records, which tell of $6 billion that the city managed to pay out
Traditionally, court systems have been slow to adopt new technology. Using video in the courtroom was a big stumbling block here in New York. Committees had to
It was inevitable. A surgeon had recently watched about six or seven of my videos on YouTube and began leaving comments on each one of them. Some of those
A juror has been charged with juror misconduct in a Long Beach medical malpractice case this week. Deonarine Persaud, 53, solicited a bribe from the plaintiff
It's your first visit to an attorney's office. You may be worried about what will happen.
* "What do I wear?"
* "Who will I meet with?"
* "What do I have to bring?"
* "I'm worried I might say something wrong..."
All of these concerns are valid especially if you've never been to an attorney before. Let me put your mind to rest right now. When you come into my office to discuss your legal questions, we're going to chat for about an hour. We're going to have a conversation about what happened and what injuries you suffered because of that wrongdoing. I'll ask lots of questions. If you don't know the answer to any question, just tell me. That's ok.
I was on trial in Brooklyn Supreme Court (Kings County) last week in an orthopedic malpractice case. The defendant doctor was a physiatrist (a physical medicine and rehabilitation doctor) who evaluated and treated my client.
During the discovery phase of the lawsuit I learned during the doctor's question and answer session, also known as a deposition, that it took him 5 years to graduate medical school instead of the usual 4 years. He had a memory lapse when I asked type of research he did in a year following medical school.
I lost a trial yesterday in Brooklyn Supreme Court. But the most amazing thing happened today. My client called me today to thank me for what I did for her. She thought I was amazing. Her praise was so wonderful and unexpected that I asked her to put her feelings in an e-mail to me so I could put it on my website for others to see. She happily agreed. Although disappointed with the result of her case, she felt that my representation of her was outstanding.
You might be asking why I would tell a story involving a case I lost at trial. I’ll tell you why.
When you bring a civil lawsuit in New York, the burden of proof is on us to prove your case at a trial. What exactly is the “burden of proof?” It is that level of proof that is known as the “preponderance of evidence.”
Well what exactly does that mean?
Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.