Practice Areas
News
- Judge finds Georgia's malpractice caps unconstitutional
- NY Sen. Schneiderman Votes for Us, Against “Harvey’s Law”-Watch the Video
- Sign or go elsewhere litigation-wary doctor's demand
- Lawyer held in criminal contempt
- Staten Island jury holds Ford liable in fatal crash, awards $6.5M
- After lawsuit, doc OK'd to work
- 6-Year-Old Dies Following Tragic Pool Accident
- $21 Million Awarded in Queens for Car Crash Death
- $19 Million Awarded in Brain Damaged Baby Case
- San Diego Woman Awarded $82.6 million award by Appeals Court
Library
Medical Malpractice
- Profiteers of Fear: The Not-So-Secret Agenda of the Health Insurance Industry
- Medical Malpractice Deposition Techniques and Strategies
- Medical Malpractice- Special Report - Why Most Medical Malpractice Victims Won't Recover A Dime
- Learn what top 5 items will get your medical malpractice case rejected by a New York Medical Malpractice Attorney
- Learn the top 10 things you need to know when choosing a medical malpractice and personal injury attorney
Wrongful Death Cases
- In Case of Death learn what steps to take to see if you have a case
- Autopsies- What are they & why do we need them?
- In Case of Death...Part 1
- In Case of Death...Part 2
- In Case of Death...Part 3
Bicycle Accidents
- How not to get hit by cars- 10 Ways not to get hit by a car
- Ten ways to avoid getting hit by cars while bicycle riding
- Common questions about bicycle and pedestrian traffic laws in the State of New York
- Bicycle and Pedestrian laws in the State of New York
- My Bicycle Accident - A Detailed Account Of a Woman Who Didn't Care
Negligence Cases
- Accidents: 10 Most Important Things You Need To Know If You Slip & Fall in New York
- Accidents: Slip & Fall on Snow & Ice- Can you get $$ for your injuries?
- Frivolous Lawsuits- Are They Fair Topics When Picking a Jury?
- How To Get Compensated For Your Injuries Without Hiring a NY Lawyer
Car Accidents
- The 10 most hazardous street corners in New York City for Pedestrians
- 5 Deadly Sins That Can Wreck Your Injury Claim- Read This Special Report
- 5 REASONS WHY YOU DON'T NEED AN ATTORNEY
- Car Accidents - You're Driving Through An Intersection, And All You Remember Is A Loud Crash
- Car Accidents- 5 Reasons To Sue Your Parents
Legal Advice for New Yorkers
- 10 Things You Absolutely Need to Know to Start a Lawsuit
- How New Yorkers should decide on an Injury Attorney
- 10 Things Your New York Medical Malpractice And Personal Injury Lawyer May Not Tell You
- Gerry's 2007 Updated Law Guide for New Yorkers
Actual Deposition Testimony of Doctors in Malpractice Cases
- Actual Testimony by another doctor in a Failure to Diagnose Pneumonia Case
- Actual Testimony by a Doctor in a Failure to Diagnose Brain Tumor Case
- Actual Testimony of a Pediatric ICU doctor in an unrecognized pneumonia case
- Actual Testimony by an ICU doctor in an unrecognized pneumonia case
- Actual Testimony by a Surgeon in a failure to diagnose colon cancer case.
New York Injury Times- our new newsletter
- Oginski Newsletter - Spring 2004
- Oginski Newsletter - Summer 2004
- Special Election Edition Newsletter!
- Holiday edition 2004 newsletter
- New York Injury Times- Feb. 2005 Newsletter- Attorney Advertising in this issue!
General
Frequently Asked Questions
Below are some initial questions many clients have when they first contact The Law Office Of Gerald Oginski, LLC. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.
Medical Malpractice
- What are the 3 things I need to prove to show I have a valid case?
- My treating doctor says I have a valid lawsuit and he's willing to testify. Isn't this enough to start a case?
- What is a pain journal?
- If a chiropractor caused nerve damage during their treatment, do I have a case?
- How common is dental malpractice?
- I went to my podiatrist to have a bunion removed. He did surgery to correct the problem, and now I can't walk well. Do I have a case?
- I was pregnant and had a stillbirth when I was five months pregnant. I think it's because of something the nurse midwife did in the clinic when she examined me. I feel terrible. Do I have a case?
- Do you handle Vioxx, Bextra or Celebrex cases?
- If I bring a lawsuit against my doctor, is he going to lose his license to practice medicine?
- I don't understand why you rejected my case. Can you re-evaluate my case again?
- What is medical malpractice?
- Why would I want to file a complaint against a doctor or a hospital with the NY State Dept. of Health?
- Are my out of pocket medical expenses repaid to me if I go all the way to trial?
- How do I prove future medical expenses?
- I've heard the phrase 'loss of enjoyment of life' - what does it mean?
- What does it mean when a lawyer is suing for 'damages'?
- What is erb's palsy?
- My pediatrician told me that my baby has cerebral palsy. What is cerebral palsy, and how did my baby get it?
- I just had a breast implants put in and I don't like the way they came out. Can I bring a lawsuit against my plastic surgeon if he won't fix them for free?
- In a medical malpractice case, why aren't there only doctors who sit on the jury?
- What do your former clients have to say about the quality of your work?
- What is hypoxia?
- What is anoxia?
- What is 'vicarious liability'?
- What are the most common types of malpractices cases you see?
- If a doctor has been disciplined by the Office of Professional Medical Conduct, why can he still continue to practice medicine?
- I just read that a doctor in New York had 13 lawsuits pending against him. If I bring a case against him too, does this mean I'd automatically win?
- Medical error or malpractice?
- 5 Secret Tips a Good Malpractice Lawyer Uses To Screen Your Case
- 5 Holiday Tips To Keep You From Being an Emergency Room Malpractice Victim
- Five Reasons Why Your Malpractice Case Won't Be Accepted By A New York Malpractice Lawyer
- Why don't more attorneys offer free reports like you do, explaining how lawsuits work?
- Why Shouldn't I Let My Family Lawyer Handle My New York Medical Malpractice Case?
- 7 Ways You Know You Survived Medical Malpractice in 2006
- What Exactly Does A Personal Injury and Medical Malpractice Lawyer Do?
- Telephone Hotline for Hospital Gripes in New York
- "I'm telling you they did wrong by my mother. They should be held to pay for her injuries."
"What do you mean that I have to prove that the wrongdoing caused her injuries?" - The NY State Department of Health criticized the care my mother received from the hospital. Why would I need to go to trial if an independent State agency already investigated and found in my favor?
- If I have a valid case that has been confirmed by a medical expert, is there any way to avoid litigation to get compensated?
- What is shoulder dystocia, erbs palsy, klumpke's palsy, and brachial plexus palsy?
- Breast Cancer Survivors-Do you really think your doctor misdiagnosed your cancer?
- How does a doctor "fail to diagnose a heart attack?"
- 6 Secret Tips To Fingding a NY Injury Lawyer Online
- What 2 Questions Every New York Malpractice Lawyer Needs To Ask
- NY Medical Malpractice: Injured in a City Hospital- How Much Time Do I Have To File A Claim?
- Dental Malpractice: My NY Dentist Hurt Me. Do I have a case?
- Medical Malpractice - Injured in a NYC Hospital - How Much Time Do I Have To File A Claim?
- Dental Malpractice - Pain During Treatment - Do I Have a Case?
- In a malpractice case, why do we need an expert to review my case?
- What happens if a doctor or a hospital removes or alters medical records from my file?
- What is "Lack of Informed Consent?
- If the hospital lost my baby's fetal monitoring strips, what happens at trial in a case involving allegations of brain damage from a botched delivery?
- What is "continuous treatment" and why is it important to my case?
- If a doctor left a foreign object inside of me during surgery, how much time do I have to start a lawsuit?
- When you question my doctor at a deposition, can I be present? Can I ask questions too?
- What is an ectopic pregnancy?
- What is an ectopic pregnancy, and why is it dangerous?
- How do I know if my newborn baby is a victim of medical malpractice?
- What is the amount of medical malpractice insurance most doctors in New York carry?
- What are the names of the medical malpractice insurance companies that insure doctors and hospitals in New York?
- What is podiatric malpractice?
- What is dental malpractice?
Wrongful Death Cases
- What is 'pecuniary loss'?
- What if the person who died was not earning a living, or was retired? Can we still claim economic loss to our family?
- Can family members recover for time they've been out of work while caring for a family member before they died?
- My husband was a construction worker who slipped off a scaffold at his job site. He broke his neck and died from his injuries. Can I bring a lawsuit against his employer?
- I just read that a woman in New York was awarded $14 million dollars for her wrongful death. How is it that she was awarded so much but never regained consciousness after her malpractice?
- When you settle a death case, how soon can the family obtain the settlment money?
- You're Loved One's Died- You Suspect Foul Play. When you're at the hospital and the emergency room doctor tells you your 50 year-old husband just died after collapsing at work, you want answers.
- What is an autopsy, and why would it help my case?
- Why do we need an economist for my mom's death case?
- If a family member has died and I need to come to you for legal advice, what documents do I need to bring to our meeting?
Bicycle Accidents
Lawsuits Involving Children's Injuries
- What is an 'attractive nuisance'?
- Do I need to bring my child into your office when I meet with you?
- Can a parent recover money because their child has been injured?
- Do I need to keep taking my child to the doctor while the lawsuit is pending?
- Will I need to bring my child into Court for a trial?
- If I bring a lawsuit for injuries my child suffered, how many times will I need to be questioned by the lawyers?
Negligence Cases
- Warning Labels and Warning Signs Don't Warn
- What are the top 10 most important things you need to know if I slip and fall?
- I have an attorney, and I'm getting close to trial, but I'm not really sure my attorney is doing all that he should for me. Can I call you for a second opinion?
- I was driving a forklift that malfunctioned causing me to be thrown to the ground. The pallet I was moving crushed my leg. Can I sue the manufacturer of the forklift for not designing the lift properly?
- I slipped and fell on a city sidewalk and broke my leg. Do I have a case?
- Why is your NY injury case worth only $250,000 and your neighbor's case is worth $500,000?
Car Accidents
- If an insurance adjuster calls me after my accident to ask me questions, can I talk to him?
- My car was totalled, but I'm just bruised. Do I have a case?
- Are photos of the accident scene helpful?
- A neighbor of mine was in a car accident and broke her arm. She got a lot of money. I was also in a car accident and broke my nose. Why isn't my case worth as much as hers?
- What is a 'life-care planner'?
- My car was totalled in a car accident. My insurance company wants to pay for the car and then get rid of the car. Should I allow this?
- In a car accident case, why is the trial split into two parts?
- What does speed, time and distance have to do with my car accident case?
- I was in a car accident in New York and was in the hospital for three weeks. My medical bills are over $100,000. Why doesn't No-fault pay more than $50,000 in medical bills?
- If I was in an accident and the driver had limited insurance, but my injuries are significant, is there any way to go after that individual personally?
- If I was in a car accident and then a doctor committed malpractice on me, do I have to bring two separate lawsuits?
- If I live in Brooklyn, and my car accident happened in Queens, where do we bring the lawsuit?
How A Lawsuit Works
- Is there a fee to call you about my case?
- Do I even need an attorney to represent me in my claim with the insurance company?
- How long does a case take from start to finish?
- If I start a lawsuit for my injuries, why do I have to give personal information to my attorney?
- Can I check the status of my case online?
- Why do I need to sign authorization forms for my case?
- How much time do I have to start a lawsuit?
- What kind of litigation expenses can I expect on my case?
- What is a deposition, and will I have to testify at a deposition?
- During my case, will I have to be examined by a doctor for the defense?
- What is an appeal?
- When my case goes to trial, can I accompany you to pick a jury?
- How much am I suing for?
- What is surveillance video, and why do I need to know about it?
- Why are some settlements confidential?
- When a settlement offer is made, how do I know things are on the 'up-and-up'?
- When a settlement check is sent by the insurance company, why is the law firm name and my name on it together?
- My friends tell me that the lady who was burned by McDonald's coffee was awarded 3 Million dollars. My injury is worse, so why isn't my case worth more?
- Why do we need jurors to hear our case?
- In a catastrophic injury case, what types of experts will we need to prove our case?
- At a civil trial, when a judge says "Objection Overruled," what does that mean?
- What does it mean when a judge says "Objection Sustained"?
- At a civil trial, when an attorney objects to a question with the following comment "I object. It assumes facts not in evidence," what does that mean?
- If I'm called as a witness in a civil trial and for religious reasons cannot swear to tell the truth, what happens?
- What is a subpoena?
- What are jury instructions?
- In a civil trial in New York, how many jurors sit on a jury?
- In a civil trial, do we need all six jurors to come to a unanimous decision to get a verdict?
- After a verdict is reached, what does it mean when the court 'polls the jury'?
- In a civil trial, if the jury is unsure about testimony they heard during the trial, is there some way they can have it read back?
- After a civil trial is over, can the lawyers speak to the jury?
- Is there any limit to how long the jury can deliberate?
- Do you know before the trial starts what judge we're going to get?
- In a jury trial, who decides how much money to ask for?
- When I'm in court, and I walk by other courtrooms, how come many of them are empty?
- At trial, what is a 'direct examination'?
- What is 'cross-examination'?
- What are 'leading questions'?
- What is an opening statement?
- What is a closing statement?
- Why is a courtroom so formal, and why do we have to stand up when the judge walks in?
- When a medical expert testifies in a medical malpractice case, is there some magic language required for him or her to explain their opinions?
- If there's more than one medical explanation for why I suffered injuries in my medical malpractice case, can I still win my case?
- Why do some cases have a lot of spectators at a trial?
- In a civil trial, does the defendant (the person accused of causing an accident or malpractice) have to testify?
- When a jury hears an injury or malpractice case and goes to deliberate do they have to stay overnight?
- Why do I have to prove my case? Isn't it enough to show I was injured at the hospital?
- What does it mean when my health insurance company says they have a 'right of subrogation?'
- If I was convicted of a crime does that prevent me from bringing a lawsuit?
- If I bring a lawsuit can I recover my medical expenses that I paid for my medical care?
- What is 'hearsay'?
- If I recently declared bankruptcy, can I bring a lawsuit for my injuries and then keep all the proceeds? My injuries have nothing to do with my bankrupcty, right?
- If you've taken my case, can you advance me my money?
- When you settle a case, why do you make a record in court of the settlement?
- In a trial, does the Judge determine how much money I will be awarded?
- My lawyer and I don't agree on strategy. Nor do we agree on how to present my case to the jury. Why is he trying to withdraw from my case?
- Why do I need to tell my lawyer about my most personal things? Some things are private and embarassing and I don't want anyone to know about them.
- I just went through a messy divorce. Now, that I was injured in an accident, do I have to include my ex-spouse in my lawsuit?
- If my husband was injured, can I can bring a lawsuit too seeking money beause I took care of him while he was getting back to health?
- I went to two other lawyers before coming to you. Each of them told me my case was worth millions. Why aren't you telling me the same thing?
- 4 Things Your New York Injury Lawyer Looks For When You Show Up In His Office
- If a juror knows one of the lawyers in the case or one of the people involved, can he still sit on the case?
- How do you know that the jurors don't discuss the case with each other before the case is over?
- I recently brought a lawsuit against 4 different doctors. When I am called to give a deposition, will all 4 lawyers who represent those doctors have to question me?
- Why can the judge throw out the jury verdict after a lengthy trial?
- If I'm on Medicare or Medicaid, and Medicare or Medicaid paid my medical bills for my injuries, why can my lawyer hold my settlement money until he knows how much has to be repaid to them?
- When the Court schedules my trial, why does it keep getting moved to another date and time?
- When I bring a lawsuit, how come the lawyers for the doctors and hospitals ask for my medical records from doctors who have nothing to do with my claim?
- If I apply for life insurance, why do I have to give permission for the defense lawyers to get my life insurance application?
- My attorney scheduled my deposition but it keeps getting pushed back every time the date approaches. Is this normal?
- Why are juries allowed to award money?
- How much can I sue for?
Court Oversight on infant's cases and death cases
Can You Give Me Medical Advice?
- I'm unhappy with my current treating doctor, can you recommend a doctor for me to go to?
- My doctor tells me I need another surgery, what do you think?
Doctor Credentials
- What does it mean if a doctor is board certified?
- If my doctor has been sued, and I bring a lawsuit against him now, can I use his prior cases against him at trial to show how bad he really is?
Attorney's Fees
- What are your fees to handle an injury case?
- Why do lawyers charge a fee?
- I just read that even though you take cases on a contingency basis, I may ultimately be responsible for your legal expenses to prosecute my case. Is this true?
Pain and Suffering Compensation is Tax Free!
Structured Settlements
Mediation/Arbitration
Miscellaneous
- Where is my local County Bar Association?
- What towns or cities do you practice in?
- How many hospitals are there in each of the 5 boroughs of New York- and what are the names of each hospital?
- What is your success rate?
- How can I get copies of your newsletter?
- If I already have a lawyer, but I'm not happy with what they're doing, can I switch to another lawyer?
- Why do some lawyers advertise?
- If I was injured on the job, do you handle workers compensation claims?
- If I'm a Veteran of the Armed Services, and all of my medical care was with the VA Hospital, and I believe they caused me injury, can I bring a claim against the VA?
- Are lawyers in New York required to take continuing legal education to keep abreast and updated on the current changes in the law?
- What is a lien?
- How are you different from any other attorney who handles injury cases and medical malpractice cases?
- If I can't come to your office, can you meet me in my home?
- If I hire Warshauer Thomas Thornton & Rogers, what will I be charged?
- What about expenses? I've heard that if I hire a lawyer the expenses can be tens of thousands of dollars.
- If I hire Warshauer Thomas Thornton & Rogers, will my case be settled or will it go to trial?
- Will I be kept informed if I hire Warshauer Thomas Thornton & Rogers lawyers?
- My case isn't pending in Atlanta. Is Warshauer Thomas Thornton & Rogers still the right firm for me?
- When I hire Warshauer Thomas Thornton & Rogers, which of the lawyers will be working on my case?
- How long do I have to file suit, or otherwise settle my case?
- I was injured at work. Am I automatically entitled to receive compensation?
- Does the FELA offer me more protection than workers' compensation?
- Do I have to prove negligence in every case against the railroad?
- What type of damages are recoverable under the FELA?
- What should I do if I get injured on the job?
- Do I have to go to the doctors recommended by the railroad for treatment?
- How long do I have before I have to file a lawsuit?
- What should I look for in choosing a lawyer?
- Breast Cancer - "The Doctor Delayed My Diagnosis - Do I have a Case?"
- How come you have so many frequently asked questions and answers, and most other lawyer websites have only a few or none?
- Learn Why An Injured Victim Needs To Tell Their Injury Lawyer Everything - Not Just Bits and Pieces
- Top 10 Reasons Why You Won't Find A New York Injury Lawyer In The Yellow Pages
- Why Injured Accident Victims Are Never Millionaires
- Why won't my lawyer return my telephone calls?
- I live outside of New York and was in a car accident. Can you tell me how much my injuries are worth?
- I read a lawyer ad that said he was a member of the "Million Dollar Advocates Forum." What is that?
- Are lawyers in New York board certified, like doctors are?
- I read about tort reform often in the paper and magazines. How come I don't see injured victims pleading for help from the public?
- Why can't lawyers in New York use testimonials in their marketing or advertising?
- If I know someone who has been injured, can I give them your name and phone number?
- Why do some people go from one lawyer to the next to see who is going to give them the best deal, or offer them their best chance of winning?
- How many years does it take to become an attorney?
- Are lawyers allowed to call themselves 'specialists?'
- Are all injury and malpractice lawyers trial lawyers?
- I was looking in the yellow pages for an attorney-I'm so confused! There are so many ads and they all say the same thing. How do I choose the right one for me?
- 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?
Quick Contact
The Law Office Of Gerald Oginski, LLC
25 Great Neck Road
Suite 4
Great Neck, New York 11021
Phone: (516) 487-8207
Videos
Medical Malpractice:
- New York Medical Malpractice: 5 Reasons Why Your Case Won't Be Accepted By a Malpractice Lawyer
- In Case of Death...Part 2
- New Medicare Rules-What Every NY Malpractice Victim Needs To Know
