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Legal Library

This is not your typical library. Most library's have row after row of dusty books sitting on shelves. Not this one. Contained within this library are hundreds and thousands of articles about medical malpractice, accidents and wrongful death. The goal of creating this vast library is to inform you, the consumer, about how these cases work.

I have free reports, hundreds of educational videos, books and much more. All this information will empower you to become better informed consumers and help you decide which attorney is right for you and what you need to do next.

Most attorney libraries have only a little content. Maybe a few articles they've written or some scholarly publication to show you their credentials. That's not what my library or my website is about. I'm different and it shows.

Take your time, read as much as you can, watch the videos and if you have questions, I encourage you to pick up the phone and schedule a phone consultation with me at 516-487-8207. I look forward to hearing from you!

Gerry

On the page below you can find links to documents, reports, publications and discussions provided by the Law Office of Gerald M. Oginski, LLC. As an experienced medical malpractice and personal injury attorney practicing law in New York, Gerry has acquired expertise in a number of personal injury areas. The documents below are available to gain a better understanding of the legal challenges facing you in the event of a personal injury, and why an experienced personal injury attorney is so important for success.

• HOW LAWSUITS WORK
• Medical Malpractice
• Obstetrical Malpractice
• Erbs Palsy and Klumpke's Palsy
• Surgical mistakes
• Emergency Room Errors
• Eye Doctor Errors
• Gynecology Errors and Mistakes
• Anesthesia Errors
• Failure to Diagnose Heart Attacks
• Dental Errors and Mistakes
• Wrongful Death Cases
• Bicycle Accidents
• Negligence Cases
• Car Accidents
• Practical Advice for New Yorkers
• Actual Deposition Testimony of Doctors in Malpractice Cases
• New York Injury Times- our new newsletter
• General

HOW LAWSUITS WORK

• "How dare the defense try and dismiss my case!"
  

  It may come as a shock to you but the lawyers who represent the people you have sued will do everything within their legal power and right to get your case thrown out, dismissed, reduced and minimized, all at your expense.
  
  When your attorney calls you and tells you the attorneys who represent the people you have sued have asked the court to throw out your case, I guarantee you will be outraged. You will feel frustrated. You will want to scream. You will be confused. You may think “How dare someone who didn't go through what I went through, try to get my case dismissed on a legal technicality?”

• Credibility-The Most Important Part of Your Lawsuit
  

  Some people think that facts are the most important part of a lawsuit. Others think that the law is the most important part. The reality is that your credibility is the most important part of your case. Obviously the facts are important as is the law that applies in your case.
  
  However, all other things being equal (which they're not), your credibility is the key. If you are not believable, then a jury will not believe what you have to say. If they don't believe you, then you will have lost your case even before the jury renders a decision.
  
  An injured victim's credibility is judged at the following times in the lawsuit process:

• You’ve just won a large verdict in your New York medical malpractice case. What happens next? [PDF]
  

  You’ve won a large verdict in your medical malpractice case. Do you think the doctor or hospital writes you a check for that amount of money right then and there? If you do, you’re wrong. It would be nice if that were the case, but the reality is that it doesn’t happen.
  
  Well, what happens after you get your stunning verdict?
  
  In New York here’s the sequence of events:

Medical Malpractice

• Failure to Diagnose Cancer Case-How Does It Work?
  

  You have just been diagnosed with an advanced form of cancer. In the back of your mind you believe that your doctor should have recognized your cancer earlier. What do you do?
  
  Here's what I look for when evaluating a failure to diagnose cancer case:
  I must be able to prove, that we are more likely right than wrong, that improper medical care resulted in significant and permanent injury to you. Each of those factors must be confirmed by a medical expert who has either treated you or reviewed your records.

• 5 Important Ways To Protect Yourself in a Hospital
  

  If you wind up in an emergency room this holiday season, get a family member to the hospital ASAP. Why? Simple. You need an advocate in your corner. Not a lawyer, but someone who will ask questions; someone who will questions the nurses and doctors about your condition, your medications and your treatment.

• 7 Deadly Mistakes of Medical Malpractice Victims [PDF]
  

  Is it worth an hour of your time to avoid the mistakes that most medical malpractice victims make? Upstate New York medical malpractice attorney John H. Fisher tackles the most common mistakes that injured malpractice victims suffer. Read his educational book to understand how to protect yourself by becoming informed about how these cases work in the state of New York.
  
  John is a well-known attorney who practices law at the law firm of
  
  Mainetti, Mainetti & O’Connor, P.C.
  303 Clinton Avenue
  P.O. Box 3058
  Kingston, New York 12402-3058
  845-331-9434 (work)
  845-331-2004 (fax)
  jfisher@mmolaw.net (e-mail)
  www.protectingpatientrights.com (website)

• Misplaced Feeding Tube Results in Death [PDF]
  

  Today's tip is about the improper placement of a feeding tube resulting in death. Now, a feeding tube is designed to provide you with total nutrition in the event you are unable to eat on your own. And when they provide it, it comes pre-packaged and it's supposed to have all the nutrients that you need in order to sustain you. It's very high in fat. It's high in protein. And, typically, it's supposed to be put into the belly, into the stomach or in the area that's going into the stomach.

• Misplaced Feeding Tube Results in Death [PDF]
  

  Today's tip is about the improper placement of a feeding tube resulting in death. Now, a feeding tube is designed to provide you with total nutrition in the event you are unable to eat on your own. And when they provide it, it comes pre-packaged and it's supposed to have all the nutrients that you need in order to sustain you. It's very high in fat. It's high in protein. And, typically, it's supposed to be put into the belly, into the stomach or in the area that's going into the stomach.

• Misplaced Feeding Tube Results in Death [PDF]
  

  Today's tip is about the improper placement of a feeding tube resulting in death. Now, a feeding tube is designed to provide you with total nutrition in the event you are unable to eat on your own. And when they provide it, it comes pre-packaged and it's supposed to have all the nutrients that you need in order to sustain you. It's very high in fat. It's high in protein. And, typically, it's supposed to be put into the belly, into the stomach or in the area that's going into the stomach.

• The Doctor Hierarchy; What's a "Resident?" What's a "Fellow?" What's an "Attending Physician?" [PDF]
  

  Today's tip answers the following three questions. (1) What is a resident? (2) What is a fellow? and (3) What is an attending physician?
  
  (1) A resident is a doctor who's beginning their post graduate training after medical school. Depending upon the type of residency that they're in, that will determine the number of years that they must spend in post graduate training. For example, a medial resident spends three years of additional training after medical school. An obstetrician/gynecologist spends four years of additional training. There are some surgeons and sub-surgical specialties that spend anywhere from five to seven years in post graduate training.

• Eyelid Surgery Gone Bad [PDF]
  

  Today's tip is about plastic surgery, specifically eyelid surgery. Now, many times somebody who goes for eyelid surgery will have one of two problems. Either the eyelid will be drooping or they want the eyelid to be tighter so they can look a little big younger.
  Well, what's the problem and why would they come to an attorney once they've had this surgery?

• Cost-Containment and the Need for Medical Justice Reform [PDF]
  

  I was reading a medical journal, Obstetrics & Gynecology, March 2010 edition when this article hit me right between the eyes. It was written by a lawyer talking about containing costs in health care today; an evaluation of ways to limit costs and change hour health care system.
  
  After reading the article I was so infuriated that I felt compelled to reply to the bias voiced in the article. Read my reply, then click the link at the bottom to read the article in its' entirety.

• Medical Malpractice in New York; Facts and Trends [PDF]
  

  FACT: Patients sue doctors and hospitals. They’re unhappy with the outcome of a procedure; they’re upset because a doctor misdiagnosed their condition and now they have a permanent injury or disability. That’s a fact. However, the facts and trends show an entirely different story.

• Defense Lawyer Claims Medical Malpractice Case Untimely [PDF]
  

  While searching on Google Scholar for a legal decision, I came across a case I successfully handled years ago. The decision details the great efforts made by defense counsel to dismiss our case for allegedly being untimely. Read the trial judge's decision to see whether the defense was successful and why.

• THE INSURANCE HOAX: HOW DOCTORS AND PATIENTS PAY FOR THE HUGE EARNINGS OF MEDICAL MALPRACTICE INSURERS You must read this powerful article if you have any opinion of "tort reform" or "health care reform." [PDF]
  

  Do you think "tort reform" will lower health care costs? If you do, you're wrong.
  Do you think that "health care reform" will allow medical malpractice insurance companies to charge less insurance premiums for the doctors they insure? If you do, you'd be wrong.
  Read the article to learn how medical malpractice insurance companies earn their money and report their profits. It's truly an eye-opening read.

• If you want a law firm that's like Walmart, you can find them in most any City. If, instead, you want personal attention from the senior trial lawyer, then I suggest you speak to a solo practitioner with experience handling your type of case.
  

  I received a call at 7 AM this morning asking whether I was Walmart. I politely told the caller, after rubbing the sleep out of my eyes that she was calling an attorney's office and not Walmart. When I finally awoke, I questioned why this woman would think that I was Walmart.
  
  I don't have a big-box store-front office. I don't discount my fees. I don't offer sales on goods and services. I don't advertise on TV, and I don't have thousands of customers pouring in and out of my parking lot on a daily basis.
  
  Read the article to learn more...

• Have you ever wondered how some cases are eagerly accepted by an attorney and others are not? What are the top five things an experienced attorney looks for when deciding whether to take a case?
  

  DOES YOUR STORY SOUND BELIEVABLE?
  That's only one factor. Read the article to learn more...

• An Open Letter to President Obama about Medical Malpractice in New York [PDF]
  

  An Open Letter to President Obama
  From Gerry Oginski, Esq.
  A New York Medical Malpractice Trial Lawyer
  
  June 15, 2009
  
  Dear Mr. President,
  
  The New York Times reported today (Obama Open to Reining in Medical Suits, June 15, 2009) that you were considering reining in medical malpractice lawsuits. Although you have expressed your opinion that you would not consider placing a cap on jury awards, I’d like you to read this letter before you give further thought to this potentially disastrous policy change.
  
  A few years ago I had the privilege of representing a young man, aged 34, who worked as a mortgage broker. One day here in New York he suffered chest pain and went to a local hospital for evaluation. The physicians admitted him to the hospital for a few days to do a cardiac workup. Blood was drawn, a stress test was performed, and a physical examination was done. The patient was given a clean bill of health and told to follow up with a cardiologist after being discharged. Over the next three months this young and energetic young man continued to experience significant chest pain. On each visit to the cardiologist, the doctor performed a physical examination and shrugged off the patient’s complaints of pain as being “stress related.” Shortly after the third visit to the cardiologist, this young man experienced severe crushing pain which radiated down his arm.
  
  Read the rest in this article.

• New York Injury Times- May 09' Newsletter #2 [PDF]
  

  Learn about the 5 key questions I need to know in a failure to diagnose cancer case. Read a list of defense attorneys whom I consider to be worthy adversaries in the State of New York. Learn 6 common definitions of legal terms that you may not know.

• Medical Malpractice- 7 Reasons Why Your Case Isn't Good Enough For a NY Malpractice Lawyer
  

  Learn why your case will be rejected by an experienced New York medical malpractice & accident attorney. Not every case is accepted. Learn what an attorney looks for when you walk in the door and describe the facts surrounding your potential injury case.

• NY MEDICAL MALPRACTICE-Liability is Clear But Damages Are Not
  

  Learn how many New York malpractice stories are not clear cut. Even cases with clear-cut liability often are not so clear-cut when it comes to evaluating injuries. Find out why cases that have liability may be difficult to evaluate damages. Read the article to find out why.

• NY Medical Malpractice - Informed Consent Trap - An Experienced Trial Lawyer Explains
  

  Learn how your memory may cause you to fall into the Informed Consent trap when speaking with a doctor in New York. Read the article to find out what you can do to prevent falling into this inevitable trap.

• NY Medical Malpractice Trap-Failing To Timely File a Claim
  

  Find out what happens if you miss the deadline to file a claim against a municipal hospital in New York City. Learn when you should start inquiring about your legal rights and how to protect yourself and your ability to seek compensation. Read the article to find out why most people do not even know they're the victim of medical negligence.

• A DENTAL IMPLANT NIGHTMARE-NY Dental Malpractice Lawyer Explains
  

  Find out what happened when a man with few remaining teeth went to an oral surgeon to have dental implants inserted. Promises of wonderful perfect teeth evaporated after the dentist placed an implant into his sinus; created a hole from the roof of his mouth into the sinus; put too many implants in; put the implants too close together and improperly angled the implants. Read the article to find out what happened.

• A UROLOGY DISASTER IN NEW YORK; MEDICAL MALPRACTICE
  

  Learn what happened when a young man went to a urologist to fix a complaint of difficulty urinating and wound up needing massive reconstructive surgery. Find out what the departures from good and accepted practice were that caused this man to need such extensive corrective surgery.

• New York Medical Malpractice-More Examples of Malpractice
  

  Is it malpractice if a patient has a routine chest x-ray and is told it is normal, only to learn two years later that the x-ray was misread. Had it been correctly read, the patient could have had a minimal surgery to remove the cancer, except now the cancer has spread throughout her entire body. Is it malpractice if a radiologist fails to tell a patient about a brain tumor that he clearly observed?

• “They Laughed When I Told Them I’m Using a Solo Practitioner”
  

  Learn why a solo practitioner turned out to be a better fit for a woman with a potential New York medical malpractice lawsuit than a large law firm. Find out why her friends could not believe she had chosen a small law firm to handle her matter over a large firm. Read the article to understand why.

• BROOKLYN MEDICAL MALPRACTICE LAWYER PROVIDES MONTHLY UPDATES TO CLIENTS
  

  Learn why regular written updates are so important to a client. Clients who are kept informed of what is happening on their case on a regular basis tends to be much more satisfied than one who never gets any information about their case. Find out why.

• New York Medical Malpractice- Failure To Supervise Leads To Re-Breaking Bone
  

  A 'doctor' in a New York City emergency room set a fractured arm. Find out how his failure to have the x-rays reviewed caused the patient to need to have his bone re-broken two months later in a procedure known as an osteotomy. This 'doctor' turned out to be nothing more than a physician's assistant who had no business diagnosing this fracture; no business setting the bone; and no business telling the patient everything would be ok. The emergency room doctor never saw, examined or evaluated the x-rays that would have told him that the arm was not set properly. Read the article to find out what happened.

• Top 20 Reasons Not to Bring a Medical Malpractice Lawsuit in New York
  

  Learn the top twenty reasons why you should not bring a medical malpractice lawsuit in NY. An experienced NY medical malpractice and wrongful death lawyer practicing law in Brooklyn, Bronx, Queens, New York City, Staten Island, Nassau, Suffolk and Long Island explains.

• NY MEDICAL MALPRACTICE- Improperly Placed Suture Causes Permanent Nerve Damage
  

  Learn how a misplaced suture caused permanent ulnar nerve damage in a young, healthy man. Find out what happened to this young man that caused him to lose sensation and function in his hand. Preventable injuries are devastating for the injured victim. See what happened when the clinic residents had the opportunity to recognize the hand injury, yet failed to notice the ongoing injury that only got worse.

• NY MEDICAL MALPRACTICE-Are Injured Victims Money Hungry?
  

  Find out whether injured medical malpractice victims in New York are 'money-grubbing, selfish, health-care destroying' people with nothing else on their minds. Learn from an experienced NY medical malpractice lawyer who explains what most injured victims really want. The answer may shock you.

• NY MEDICAL MALPRACTICE-Fetal Distress, Hypoxia & Anoxia- A case report
  

  Learn from Gerry Oginski, an experienced New York medical malpractice attorney practicing law in Brooklyn, New York, Bronx, Queens, Staten Island, Nassau & Suffolk about a case involving the labor and delivery of a baby who had fetal distress, hypoxia and anoxia. Read why a lack of oxygen and fetal distress caused brain damage to a newborn baby resulting in permanent disabilities.

Obstetrical Malpractice

• Baby dies in-utero. Mom can bring case for her own emotional distress. Just how much is mom's emotional distress worth in New York?
  

  The New York Times is reporting a new facet of medical malpractice law in New York: stillbirth emotional distress. In 2004, the NY Court of Appeals allowed

• Botched Delivery Results in $4.3 Million Award for Brain Damaged Baby
  

  Mercy Medical Center, of Canton, Ohio, has agreed to pay $4.3 million in damages to the family of a baby girl who was born with permanent brain damage.

• Obstetrical Errors and Malpractice in New York [PDF]
  

  Today's tip is about birth injuries and brain damage. There are instances where a baby will be deprived of oxygen at the time of birth where they are not delivered in a timely fashion, or where there may be a problem with the baby's heart rate. And as a result of nobody recognizing that the baby's heart rate has dropped, and no one is delivering the child in a timely fashion, that may result in significant, permanent brain damage for the child.

• Untimely C-Section and Developmental Delays [PDF]
  

  Today's tip is about a failure to timely perform a C-section. Why is that important? Because when you fail to timely deliver the baby, the baby may suffer a lack of oxygen. That's known as hypoxia or anoxia. Anoxia means total lack of oxygen. Hypoxia means a decreased amount of oxygen. Well why is that important? Because if the baby...

Erbs Palsy and Klumpke's Palsy

• Really Smart Lawyer Makes Strategic Strike on Defense Theory Knocking It Out Before Trial.
  

  A woman brought a lawsuit in upstate New York alleging that her baby suffered Erbs palsy as a result of an improperly performed delivery. Muhammad v. Fitzpatrick, MD, Catholic Health Systems, Sisters of Charity Family Health Center, et. al.

• Erbs Palsy, Brachial Plexus Palsy and Klumpke's Palsy [PDF]
  

  Today's tip is about Erb's Palsy, and, importantly, what is it that you see when a child has Erb's Palsy? In most instances, you're going to recognize that there's a problem with a child when they are hanging out on the playground playing with your kids, or you see them walking in the street on a nice summer day, or maybe you have a friend of yours come over and they're playing with your child at home. And what do you notice? You notice that the child does not use one of their arms much. You notice that their hand is much shorter and appears to be almost shrunken than the other arm. You notice that they favor one particular arm.

Surgical mistakes

• Urology Disaster-NY Medical Malpractice Lawyer Explains [PDF]
  

  Today's tip involves a urology nightmare that I handled involving a gentleman who started out
  not being able to urinate. The doctor did something that was inappropriate, and he put in
  something called a stent,which is a wire mesh. He put that into the urethra, through the penis into the urethra, so that this mesh, when released, opens up and it was designed to hold open the urethra and to keep the scar tissue from forming again and closing up.

• Urology Disaster-NY Medical Malpractice Lawyer Explains [PDF]
  

  Today's tip involves a urology nightmare that I handled involving a gentleman who started out
  not being able to urinate. The doctor did something that was inappropriate, and he put in
  something called a stent,which is a wire mesh. He put that into the urethra, through the penis into the urethra, so that this mesh, when released, opens up and it was designed to hold open the urethra and to keep the scar tissue from forming again and closing up.

Emergency Room Errors

• A Cardiac Nightmare in New York. A true story. [PDF]
  

  The long-awaited check finally came in. It sat on my desk along with a cover letter saying “Here is your check.” I stared at it. It had a lot of zeros. Where it said “Pay to the order of,” it had my name there. It had my client’s name also on that line. That check represented the culmination of a long and hard-fought battle against a doctor and a hospital in the New York metropolitan area. I had seen checks of that size before, but that check was only partial payment for this case. I was looking for another check that my secretary told me was in my mail pile.
  
  Then, underneath that check, I saw another letter with another check for the same case.

• Testicular Torsion- New York Medical Malpractice Attorney Explains [PDF]
  

  Today's topic is about testicular torsion. What is it and why is it important? Testicular torsion is when the testicle twists upon itself and the cords that provide the blood supply to the testicle become twisted and closed off.
  
  Well, what's the big deal? The big deal is that...

Eye Doctor Errors

• A man goes into an emergency room after suffering an eye injury and is told that he has a scratched cornea. Imagine his surprise two days later when the doctor tells him there is a hole in his eye.
  

  “What do you mean there is a hole in my eye?”
  That's what the patient said to the eye doctor. "I was told I only had a scratch on my cornea."
  “You need surgery immediately. Go right to the hospital. I will call ahead and let them know you're coming.”

• Deposition Testimony of an Ophthalmologist in a Cataract Surgery Nightmare Case [PDF]
  

  You'd think that having Cataract surgery is routine. However, when the physician improperly recommended that the patient have cataract surgery when she didn't need it, that's strike number one. When the physician performed surgery incorrectly, that's strike number two. When the physician did corrective surgery only two weeks after the first surgery and encountered significant difficulty exchanging the intra-ocular lens, that's strike number three.
  
  Read the actual testimony by this eye doctor and tell me what you think about his answers.

• Blind in One Eye [PDF]
  

  Today's tip is about blindness. When is the first time you encountered somebody who is blind,
  especially blind in one eye? You may have questions when talking to that particular individual about how it was that they came to be blind in only one eye. And why is that significant? It's significant because people who have a disfigurement, or a disability, you have questions.

Gynecology Errors and Mistakes

• De-Identified Deposition of a Gyn Oncologist in a Failure to Diagnose Perforated Bowel During Gynecologic Surgery [PDF]
  

  Read actual deposition testimony of a gynecologic oncologist in a case involving a failure to timely diagnose and treat a perforated hole in the bowel during gyn surgery.

• De-Identified Deposition of a Gynecology Resident in a Failure To Timely Diagnose and Treat a Bowel Perforation During a Gyn Surgery Case [PDF]
  

  Read actual deposition testimony of a doctor-in-training, known as a gynecology resident, who was involved in a failure to timely diagnose a bowel perforation in a gyn surgery case.

Anesthesia Errors

• Anesthesia Overdose in New York [PDF]
  

  Can anesthesia errors happen even in the best of care?
  
  The answer is yes, they can. However, it's those cases that we look at and we accept where we are able to show through expert medical testimony and expert medical review that there were departures from good and accepted medical care. I'll give you an example...

Failure to Diagnose Heart Attacks

• How Does a Hospital Fail To Diagnose a Heart Attack? [PDF]
  

  Today's topic is failure to diagnose heart attacks. What are they and why are they important? The failure to recognize a heart attack has significant, dramatic implications for the patient. If a heart attack occurs, it can kill off a good portion of your heart. And if it is not recognized either immediately before it happens or at the time it's happening, the result could be devastating.
  
  Let me tell you about a case I recently handled involving a young man and a failure to diagnose a heart attack. The patient developed chest pain and went to his local emergency room. While in the emergency room they hooked him up to a cardiac monitor, and they drew his blood and did all sorts of tests.

Dental Errors and Mistakes

• Dental Malpractice Nightmare- Learn why my client was willing to give me a written testimonial to post on my website. [PDF]
  

  My client was a victim of botched dental treatment that involved placing titanium implants into her mouth. As you'll see from reading the testimonial, no lawyer would touch their case. Read why my client was happy with my legal services.

Wrongful Death Cases

• Another Taser Related Death Results in an Award of $150,000
  

  In February 2005, police officers shocked Robert C. Heston with a Taser weapon for 75 seconds, causing cardiac arrest. Today, the Ninth Circuit Court of Appeals

• "One out of seven nursing home patients with dementia were wrongfully administered potentially lethal antipsychotic drugs," says the Dept. of Health & Human Services
  

  The Inspector General for the Department of Health and Human Services has found that one out of seven nursing home patients with dementia were wrongfully

• A Medicare Nightmare- “Can’t You Understand What I’m Telling You?”
  

  You think Medicare is your ‘friend’? You’re wrong. Let me tell you why.
  
  A 75 year old man fell out of a hospital bed when he was supposed to be restrained. He wasn’t restrained and fell on his head suffering massive head trauma. He remained conscious for 5 days before lapsing into a coma where he ‘lived’ for the next 2 weeks on a ventilator while his body slowly died. Since he was 75 years old, Medicare paid for his 3 week hospital bill. A huge bill considering he was in the ICU the entire time. Not thousands of dollars, but hundreds of thousands of dollars that Medicare paid. You know where this is going right?

• In Case of Death [PDF]
  

  When your family has been stricken with an untimely death, you have questions about why your loved one died. A new, recent book, written by New York medical malpractice trial attorney Gerry Oginski explains what to do "In Case of Death." Take a look.

• Kings County Hospital-Death in Psych ER
  

  Learn how a woman in the psychiatric emergency room of Kings County Hospital in Brooklyn, NY was left unattended and literally died while left in the waiting area. Nobody recognized her death for almost an hour. Learn from Gerry Oginski, an experienced NY Medical Malpractice & Wrongful Death attorney what her family must do to evaluate whether their loved one has a valid case against Kings County Hospital.

• NY Bus & Truck Accidents- Crushed in Chinatown
  

  Learn what Gerry Oginski, an experienced accident and wrongful death attorney practicing law in Brooklyn, New York, Bronx, Queens, Staten Island, Nassau & Suffolk saw when he was returning from a deposition in Manhattan yesterday. The aftermath of a terrible and tragic accident at the intersection of Canal Street and Bowery in lower Manhattan. Read how the victim who lost her life must be compensated for her loss and why.

• Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him
  

  THIS IS A TRUE STORY
  A call came in the other day. A hysterical woman was on the phone. Her husband had died just moments ago. Learn what could be so important that she called a lawyer first, before burying her husband.

• In Case of Death...Part 1
  

  Learn what to do in case of death. Gerry Oginski, an experienced New York medical malpractice & personal injury lawyer explains what steps to take after a loved one has died.

• In Case of Death...Part 2
  

  This is the 2nd part of the series "In Case of Death..." Learn from an experienced New York medical malpractice and personal injury trial lawyer what steps to take after your loved one has died. Gerry Oginski, an experienced NY malpractice and accident lawyer explains.

• In Case of Death...Part 3
  

  Learn what steps to take in case of your loved one's death. This is part 3 of the series "In Case of Death..." Gerry Oginski, an experienced New York medical malpractice and accident lawyer explains.

• In Case of Death...Part 4
  

  Learn what steps to take in case of your loved one's death. This is part 4 of the series "In Case of Death..." Gerry Oginski, an experienced New York medical malpractice and accident lawyer explains.

• In Case of Death...Part 5
  

  Learn what steps you need to take when your loved one has died. This is part 5 of the series "In Case of Death..." Gerry Oginski, an experienced New York medical malpractice & accident lawyer explains.

• Autopsies- What are they & why do we need them?
  

  In a death case, having an autopsy is crucial to determining the cause of death. Gerry Oginski, a New York Medical Malpractice & Personal Injury Trial Lawyer explains.

• In Case of Death learn what steps to take to see if you have a case [PDF]
  

  When death strikes where do you go? How do you choose a lawyer? Where do you turn? Learn what to do if death strikes. Learn how to choose a lawyer. Become informed.

Bicycle Accidents

• Queens Bicycle Rider Hit By Car at a T Intersection-New York Accident Attorney Explains
  

  My client was out riding his bicycle on a beautiful sunny Spring day this year, on a quiet stretch of road in Queens. He was approaching an intersection where cars were coming off of the Grand Central Parkway exit ramp. As a driver coming from the Grand Central heads down the exit ramp, he is left with one of two choices as he approaches the T intersection: Either turn left, or turn right.
  
  If you are going to make a left turn, you must get into the left-hand turning lane. There is a stop sign at that T intersection for cars just getting off the GCP exit. In this case, a driver coming off the Grand Central Parkway exit ramp got into the left-hand turning lane and proceeded to stop at the Stop sign. A good thing he did.
  
  However, instead of looking to his left, which is where he was intending to turn, to check for oncoming traffic, he looked to his right and removed his foot from the brake and applied the gas. As he did so, he proceeded to hit my bike-riding client-who by the way was in the middle of the intersection, on the right side of his body, throwing him to the pavement.
  
  A trip to the emergency room revealed a fractured finger, that days later required surgery to correct. An MRI of the knee revealed damage to a tendon, which required arthroscopic surgery to fix. In addition, my client suffered a significant shoulder injury requiring extensive physical therapy. This young man, who was wearing his helmet at the time of impact, was a computer programmer and because of the injury to his finger and surgery, had great difficulty typing and performing his job duties. Recuperation and physical therapy has helped him regain function to his finger and hand, and he performs strengthening exercises each day.
  
  This accident was preventable. The careless and negligent driver had only to look to his left to see what he should have seen. Had he merely looked to his left, he would have seen my client riding his bike peacefully on a beautiful Saturday morning. Instead, through the negligence of this driver, my client's day was turned upside down.

• NY ACCIDENTS-Are you in the 'Zone of Danger'?
  

  If you think the "Zone of Danger" is a place in the end zone, think again. If you think that "Fear of Impending Doom" is what happens to you if you damage your parent's car, think again. Learn what the "Zone of Danger" is and how it applies to accident victims. Find out what "Fear of impending doom" is and what it means to an accident victim. Both are legal concepts that have a very big impact in proving an accident victims' pain and suffering in New York.

• Bicycle Accidents In New York- Bicycle V. Car, Who Wins?
  

  Learn what a young man went through when he was smashed into the road by a fast-moving car who never saw the bicyclist. Learn what safety features bicyclists have compared to a car. Read what an experienced New York accident lawyer has to say about bicycles and cars and what happens when they unintentionally meet up.

• My Bicycle Accident
  

  Gerry describes how a woman who didn't look caused an accident with him while he was riding his bicycle. A riveting story of a great bike ride gone horribly bad.

• The 10 Most Common Car-Bike Collisions & How to Avoid Them
  

  The following material examines the 10 most common bicycle-car collision types and discusses how cyclists and drivers can avoid them.
  
  This is considered essential reading for all cyclists and all drivers.

• Read about Gerry's recent bicycle accident [PDF]
  

  Bike accident, bicycle, bicycle accident, car accident, bike injury, bike injuries, cannondale, cannondale bike, damages, hurt, pain, suffering

• My Bicycle Accident - A Detailed Account Of a Woman Who Didn't Care [PDF]
  

  My Bicycle Accident - A Detailed Account Of a Woman Who Didn't Care. Gerry describes in vivid detail what happened to him when a woman opened her car door into moving traffic without looking. Unfortunately for Gerry, he was riding a bicycle at the time, and not driving his car. In his case, the bicycle accident was traumatic and forced him over the handlebars and right into the middle of the road.

• Common questions about bicycle and pedestrian traffic laws in the State of New York
  

  Common questions about bicycle and pedestrian traffic laws in the State of New York

• Bicycle and Pedestrian laws in the State of New York
  

  Read frequent questions that arise when bike riders share the road with cars. Learn what the rules of the road are in New York State. Read about what a pedestrian's legal responsibilities are as they cross the road.
  
  Bikes, bicycles, bicycle law, New York, State of New York, bike accidents, bicycle accidents, laws for pedestrians, pedestrian, bike, laws for bicyclists, rules of the road, New York State bicycle laws, New York State pedestrian laws.

• How not to get hit by cars- 10 Ways not to get hit by a car
  

  Bicycle safety
  How not to get hit by cars
  Bicycle accidents

• Ten ways to avoid getting hit by cars while bicycle riding
  

  Ten ways to avoid getting hit by cars while bicycle riding.

Negligence Cases

• Pharmacy Prescription Errors [PDF]
  

  Today is one of my favorite topics, and that's medication errors, not because it happens, but
  because it's preventable. How does it happen? Well, you get a prescription from the doctor, or maybe you're taking a regular prescription and now you go to the pharmacy to pick up your
  medications. What happens? You don't notice that the medication that you're given is a little bit different, or maybe totally different, than what you're used to. You take the medication as directed and you know what? Instead of getting better, you're simply getting worse. How do you learn about a medication error?

• Looking for a Physical Therapist in Nassau County? Here is a list of physical therapists on the North Shore of Long Island. This listing is up-to-date as of December 2, 2009. [PDF]
  

  Many injured victims need physical therapy and rehabilitation therapy to get better from their injuries. Where do you go? Where do you turn to? Most likely, you'll ask your treating doctor or orthopedist for a recommendation. Many doctors have relationships with physical and rehabilitation specialists. As a public service, I offer this alphabetical list to you.
  
  By way of disclosure, I have no professional connection to any of the physical therapists listed here, and they did not and have not paid me any money to appear in this listing. If you are searching for a physical therapist online, look carefully to see whether the listing they are in is a paid or sponsored listing that allows them to get placed higher above someone who does not pay a fee to get their listing.

• Lawsuit Lottery Jackpot!
  

  Do you think lawsuits that seek compensation for injuries are frivolous? Do you think injured victims bring lawsuits to try and hit the 'jackpot' and live on easystreet for the rest of their lives? If you do, you're 100% wrong. Read the article to find out why.

• Bicycle Accidents in New York City [PDF]
  

  Ever been doored? I have.
  EVER BEEN CUT OFF BY A CARELESS MOTORIST? I have.
  ?
  Have you ever been thrown off your bike after a car side-swiped you? Did you wind up in the emergency room? Broken bones? Need surgery? Did you have head trauma? Was your bike totally destroyed? Do you know someone who went over their handlebars and walked away without breaking a bone in their body?
  
  Learn why it is so important to follow the rules of the road when bike riding in NYC. Find out what Gerry Oginski, an experienced New York Accident trial lawyer looks for when evaluating a bike accident. Gerry is an experienced bicycle rider who looks out for fellow riders and helps them when they've been injured as a result of someone else's carelessness.
  
  Read the article to learn more.

• Wal-Mart Stampede in New York-Who's At Fault?
  

  Find out what happened when an unruly shopping crowd at a Valley Stream, NY Wal-Mart barged through the doors at 5:00 a.m. on Black Friday. The resulting stampede caused a Wal-mart employee to be trampled to death. Read the article to find out who, if anyone is at fault and if so, what are the potential damages that could arise out of such a lawsuit.

• Negligence in New York - How to Recognize It - NY Personal Injury Lawyer Explains
  

  A woman in a car drops her cell phone while driving 50 miles per hour on the highway. Inexplicably, she reaches down to search for the ringing cellphone and takes her eyes off the road. You can guess what happens next.

• DO NOT READ THIS ARTICLE! NY TRIAL LAWYER EXPLAINS APPLES v. ORANGES
  

  In New York, when comparing your injury to another injured victim, make sure all the same injury elements are present. Otherwise, you'll end up talking about apples when you should be talking about oranges. To learn why, read the full article.

• NY Accidents- Who is watching my kid at the pool?
  

  Learn from an experienced accident, negligence and personal injury lawyer practicing in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk who is watching your kid at the pool. Lifeguards are good, but parents are even better. Be safe and always watch your child at the pool. No exceptions. Tragedy strikes most often when children are not watched at the pool.

• How To Get Compensated For Your Injuries Without Hiring a NY Lawyer
  

  Learn whether you really need a lawyer to handle your New York personal injury accident case. Many people feel they don't need a lawyer, and they may be right. Others feel that an experienced lawyer is an absolute necessity to obtain proper compensation for an accident that was caused by someone else. Read this riveting article and decide for yourself.

• Frivolous Lawsuits- Are They Fair Topics When Picking a Jury?
  

  Learn why some attorneys don't like to bring up 'frivolous lawsuits' or 'tort reform' during jury selection in a civil lawsuit in New York. Other attorney strongly suggest that this topic be addressed head on. Learn what Gerry thinks. Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk.

• Accidents: Slip & Fall on Snow & Ice- Can you get $$ for your injuries?
  

  Learn whether you can get money for your slip & fall on snow and ice. Gerry Oginski, a New York Medical Malpractice & Personal Injury Trial Lawyer explains

• Accidents: 10 Most Important Things You Need To Know If You Slip & Fall in New York
  

  Learn 10 Important Things You Need To Know If You Slip & Fall in New York. Gerry Oginski, a New York Medical Malpractice & Personal Injury Trial Lawyer explains.

Car Accidents

• The New York City Department of Transportation is embarking on a new speed program, "That's Why It's 30."
  

  The New York City Department of Transportation is embarking on a new initiative entitled, "That's Why It's 30." Its goal is to remind the city's residents of

• Are You Texting While Driving? Texting Still a Big Car Accident Concern
  

  The US Department of Transportation revealed earlier this year a striking drop in highway traffic fatalities, despite increased miles driven. However, negligent

• Pedestrian Deaths in New York
  

  Transportation for America, a nonprofit organization, has released a report that compiles pedestrian-automobile fatalities across the nation between 2000 and

• NY Negligence Lawyer-The Large Law Firm Trap
  

  You've been injured. You're searching for a law firm. You think only a large New York law firm that handles negligence cases is the right one for you. However, after doing your research you realize that a large Manhattan law firm may not be right for you. In fact, you probably need a small law firm or a solo practitioner to represent you in your car accident case. Read the full article to find out why.

• NEW YORK CAR ACCIDENTS- 12 Key Deposition Techniques in a Car Accident Case
  

  How to take a car accident deposition. Learn deposition techniques that will help you conduct your deposition. Learn the key points you need to establish when questioning a defendant in a car accident case in New York.

• NEW YORK CAR ACCIDENTS-6 REASONS TO SUE THE DRIVER WHO HIT YOUR CAR
  

  In New York, an injured victim must be compensated for their medical expenses both in the past and in the future, their lost earnings, their lost future income, their pain and the suffering it caused to both the victim and their spouse, as well as any lost opportunities he would have had, had the accident not happened. When a wrongdoer causes an accident that causes harm, he incurs a debt that must be repaid. Often, with a seriously injured victim, the cost to repay that debt is significant.
  
  If an accident happens, call Gerry Oginski, an experienced New York personal injury and accident attorney, to make sure that your rights and ability to obtain proper compensation is protected. Gerry can be reached through his website: http://www.oginski-law.com or you can call Gerry personally at 516-487-8207. For more information, take a look at Gerry’s educational video tips on his website as well as hundreds of free reports about accidents, wrongful death and medical malpractice in New York.

• New York Car Accident Victim Loses Settlement Money After Government Steps In
  

  Learn how not having enough car insurance in New York resulted in an injured victims' inability to receive proper compensation. Find out why the Federal Government stepped in and took virtually all of the money this injured man received in his settlement. Read how Medicare can recover money from an injured victim when the victim brings a lawsuit to recover compensation for his injuries. An experienced car accident attorney practicing law in New York, Brooklyn, Bronx, Queens, Staten Island, Nassau, Suffolk and Long Island explains.

• NY Car Accidents- "Can I Still Sue If I Didn't File A No-Fault Claim?"
  

  Learn how much time you have to file a no-fault claim in New York and whether the failure to timely file your no-fault claim will hamper your ability to file a lawsuit. Learn from an experienced New York medical malpractice & personal injury lawyer practicing law in Brooklyn, Bronx, Queens, NY, Staten Island, Nassau & Suffolk why it's important to timely file your no-fault claim.

• NY Accidents- "Is there a maximum amount of money I can recover for my injuries?"
  

  Learn from an experienced New York car accident attorney practicing law in Brooklyn, Bronx, Queens, NY, Staten Island, Nassau & Suffolk whether there is a maximum amount of money that you can recover in your car accident lawsuit. Learn the different types of damages that are available in your lawsuit, from pain & suffering to lost income to medical expenses and more.

• NY Car Accidents- "If I sue the driver of the car that hit me, will he lose his license?"
  

  Learn from an experienced New York car accident attorney practicing negligence law and personal injury law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk whether the driver of a car who is sued will lose their license to drive.

• NY Accidents- "If I'm a teenager in NY, can I bring a lawsuit on my own?"
  

  Learn from an experienced New York car accident attorney practicing law in Brooklyn, Bronx, Queens, NY, Staten Island, Nassau & Suffolk whether a teenager can bring a lawsuit on their own. Do they need a parent's permission? Can they hire a lawyer on their own? Read the article to find out.

• New York Car Accident Attorney-Top Ten Things To Look For When Choosing A Lawyer
  

  Learn the top ten things to look for when choosing a car accident lawyer in New York. The purpose of this article is to provide you, the consumer, with information about what you need to know BEFORE you ever step into a lawyer's office. Learn from Gerry Oginski, an experienced New York accident attorney who practices in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk Counties.

• Car Accidents in NY- 7 Reasons You May Not Want to Sue
  

  Learn the seven reasons why you many not want to bring a lawsuit if you've been injured in a car accident case in the State of New York. The reasons may be contrary to what you know. Gerry Oginski, an experienced accident attorney practicing law in the Bronx, Brooklyn, Queens, New York Staten Island, Nassau & Suffolk explains.

• "What Color Was The Light?" Asked The Police Officer
  

  If an officer isn't on the scene, an ambulance attendant might ask, or even a good Samaritan checking to see if you're ok. Most people want to know, even at the scene of a gruesome accident, who went through the red light.

• Car Accidents- 5 Reasons To Sue Your Parents
  

  Learn why you may have to sue your parents if you were a passenger in a car driven by one of your parents and were involved in an accident.

• Car Accidents - You're Driving Through An Intersection, And All You Remember Is A Loud Crash
  

  Car accidents - You're driving through an intersection and the light is green as you enter the intersection. You remember a loud crash, and then waking up in an ambulance. Read this riveting story of a person involved in a car accident, from their viewpoint. His memory of the events, the hospital treatment and the devastating effect it has on his wife and family is vital to seeing what happened to his once golden life.

• 5 REASONS WHY YOU DON'T NEED AN ATTORNEY
  

  Read why after an accident you may not need an attorney at all.

• 5 Deadly Sins That Can Wreck Your Injury Claim- Read This Special Report [PDF]
  

  New York personal injury lawyer Gerald M. Oginski represents residents of Brooklyn, Bronx, Queens, Manhattan, Staten Island and Nassau and Suffolk Counties who have suffered injuries or death. This special report discusses Gerry's experience working with people injured in car accidents and their injuries including broken bones, fractures, the need for surgery, hospitalization and permanent injuries that accompany a devastating car crash. Retaining Gerry to review your injury case gives you the advantage of a solo practitioner determined to get you best results for your injury. If you live in the New York metropolitan area or the surrounding counties, and you've been injured, call Gerry today.

• The 10 most hazardous street corners in New York City for Pedestrians
  

  The 10 most hazardous street corners in New York City for Pedestrians

Practical Advice for New Yorkers

• Looking for an attorney? Here are 5 tips to help you understand attorney advertising online.
  

  When looking for an attorney online, you need to look critically at any attorney advertisement. Importantly, look to see what information this attorney is providing to you that explains why you should call him. Learn whether this lawyer has the right experience to handle your type of case. Find out whether the lawyer is educating you about cases like yours or simply shouting a message that says "Call me because I'm a lawyer." Read the article to learn more.

• Gerry's Law Guide for New Yorker's- 2009 Edition [PDF]
  

  Learn how lawsuits in New York work. Find out how why most medical malpractice victims don't recover a dime. Learn from a NY Medical Malpractice & Negligence Trial lawyer information you need to know before ever walking into an attorney's office. I guarantee you'll learn things you didn't know before.

• Gerry's 2007 Updated Law Guide for New Yorkers [PDF]
  

  Gerry's 2007 Updated Law Book For New Yorkers is an easy-to-understand explanation of how lawsuits work. It's a perfect guide for consumers and injured victims to become better informed about the law, how lawyers handle cases, and how your case gets through the Court system.

• 10 Things Your New York Medical Malpractice And Personal Injury Lawyer May Not Tell You [PDF]
  

  10 Things Your New York Medical Malpractice And Personal Injury Lawyer May Not Tell You. A list of important facts that you need to keep in mind when you consult with an injury lawyer. Be an informed consumer and importantly, ask questions.

• How New Yorkers should decide on an Injury Attorney
  

  New York medical malpractice lawyer Gerald M. Oginski represents residents of Brooklyn, Bronx, Queens, Manhattan, Staten Island and Nassau and Suffolk Counties in cases of doctor and hospital negligence involving misdiagnosis, surgical error, anesthesia error, infection and prescription errors.

• 10 Things You Absolutely Need to Know to Start a Lawsuit
  

  Common misconceptions about starting a lawsuit.
  What you need to know about starting a case against someone else.

Actual Deposition Testimony of Doctors in Malpractice Cases

• Eye doctor improperly performs cataract surgery causing patient to lose vision [PDF]
  

  Read what happened to a woman who had near-perfect vision and was told she had a cataract in her eye. She was advised that she needed cataract surgery to remove the cloudy lens and needed to replace it with an artificial lens. Learn why this surgery never should have been performed. Learn what complications the ophthalmologist encountered two weeks later when he prematurely performed corrective surgery to switch out one lens with a new one. Read why this turned out to be a cataract surgery nightmare leaving the patient with virtually useless vision in one eye.

• Actual Testimony of an Attending Orthopedic Surgeon [PDF]
  

  A woman goes in for a 'routine' partial knee replacement. She comes out of surgery with pain behind the knee that never goes away. The surgeon says it's nothing. Turns out the surgeon mis-positioned the hardware and didn't fix the hardware properly using orthopedic cement. Four months later, her partial knee had to be remove and she required a total knee replacement. This could have been avoided had the surgeon taken intra-operative x-rays to check the positioning of the hardware.

• Orthopedic Intern Testifies in Knee Replacement Lawsuit [PDF]
  

  This is a question and answer session of an orthopedist in training, an intern, who assisted during surgery in a case involving a woman who went in for a 'routine' partial knee replacement. She came out of surgery with pain behind her knee that refused to go away.
  
  The orthopedic surgeon said it would get better. Turns out the surgeon mis-positioned the hardware and didn't secure the hardware properly using orthopedic cement. Four months later, her partial knee had to be removed and she required a total knee replacement. This could have been avoided had the orthopedist taken intra-operative x-rays to check the positioning of the hardware.

• Read actual testimony of a podiatrist in an improperly performed bunion surgery case. [PDF]
  

  A podiatrist told his patient the bunion surgery was a routine procedure. There were very little risks according to him. During the course of surgery, he improperly positioned the bones fail to take into account what effect shortening specific bones would have on the rest of the foot.
  
  Read the trial testimony of this podiatrist to learn more about this improperly performed foot surgery case that went to a jury trial and verdict in the state of New York resulting in a verdict of $1.55 million for the patient.

• Podiatry Malpractice- The foot surgery goes well, but the doctor fails to recognize a wound infection that gets worse and leads to the patient's death nine months later. [PDF]
  

  This is the continued pre-trial testimony of a foot doctor who failed to timely recognize a patient's bone infection that led to her death. The doctor is defiant and believes that he did nothing wrong. Yet he could never explain why he never diagnosed the patient's osteomyelitis. Early and prompt treatment would have prevented this patient's unfortunate death.

• Emergency Room Doctor-Misdiagnosis Leads to Permanent Nerve Injury [PDF]
  

  Read the pre-trial testimony of an emergency room physician who was caring for a young man who came into the emergency room with a painful shoulder. This young man left the hospital crippled. Learn what this doctor knew at the time.

• A UROLOGY DISASTER- De-identified Deposition of a Board Certified Urologist [PDF]
  

  A young man's urethra was totally destroyed by a urologist in New York who failed to treat him properly. Read the de-identified deposition of the urologist to see what the doctor knew, and more importantly, what the doctor did not know. It's a great read.

• ORAL SURGEON BOTCHES DENTAL IMPLANTS- De-Identified Deposition of a Dental Implant Disaster [PDF]
  

  Learn about a man who went to an New York oral surgeon for implants and wound up with a mouth full of improperly placed implants and no teeth. Read how this dentist who put in the implants incorrectly, defiantly explains that what he did was perfectly acceptable. It's a fascinating read. You'll be amazed at the answers and explanations.

• Orthopedist Fails to Properly Set Fracture [PDF]
  

  An orthopedist at a Brooklyn hospital fails to properly set a fractured arm, and fails to recognize that the arm is angulated. The orthopedist refuses to acknowledge the disfigurement in photos of the patient or the severity of the angulation of the fracture.

• Surgeon Tied Off Ulnar Nerve While Repairing Laceration [PDF]
  

  Read what happened when a surgery resident is called in to evaluate a patient with a severe arm laceration. Through a mixup in communication and departures from good medical care, an unknown surgeon who repaired the laceration also improperly tied off the ulnar nerve causing permanent damage.

• Orthopedist Fails To Diagnose Hip Infection Leading to Hip Replacement [PDF]
  

  Read about an orthopedist who was charged with failing to diagnose a hip infection that ultimately led to a hip replacement.

• Podiatrist Improperly Performed Foot Surgery [PDF]
  

  Read deposition testimony of a podiatrist who was accused of performing foot surgery on a patient who didn't need it. After the surgery, the patient was no better and no worse.

• Foot doctor tries to explain away child's burn injuries from a cast cutter [PDF]
  

  A foot doctor- the Chief of Podiatry- explains why a young child who suffered burns from a cast cutter could not have suffered these injuries from this equipment. It's a fascinating read, especially when he tries to explain other possiblities for this child's injuries.

• A foot doctor in training, a podiatry resident, explains that he has no idea how a young child could have gotten injured from removing his cast with a cast cutter. [PDF]
  

  A foot doctor in training, a podiatry resident, explains that he has no idea how a young child could have gotten injured from removing his cast with a cast cutter. Read the inconsistencies showing that this doctor gave the mother antibiotic ointment, yet claimed there were no injuries to the childs' leg.

• Actual testimony of a plastic surgeon in a botched eyelid surgery case [PDF]
  

  A Plastic Surgeon tries to explain why he didn't botch the patient's eyelid surgery. It's a good read, especially when you learn that this Surgeon was never Board Certified.

• Actual deposition testimony by a urology resident in a death case [PDF]
  

  Read deposition testimony of a urology resident in a failure to timely recognize and treat a pulmonary embolism resulting in death.

• Read testimony by a urology fellow in a pulmonary embolism death case [PDF]
  

  Read testimony by a urology fellow (a doctor who continued his training in urology after finishing his residency training) in a failure to diagnose and treat a pulmonary embolism case resulting in death.

• Actual testimony by a surgeon in a failure to timely recognize and treat testicular torsion resulting in death of the testicle [PDF]
  

  Actual testimony by a surgeon who evaluated a patient for testicular torsion. Read how combative the attorney and doctor get when asked whether he's board certified. The doctor refused to answer whether he failed the board examinations; a legally proper question. An exciting and interesting deposition. Actual testimony by a surgeon in a failure to timely recognize and treat testicular torsion resulting in death of the testicle

• Actual testimony of an internist in a failure to diagnose and timely treat testicular torsion case resulting in death of a testicle. [PDF]
  

  Read about an internal medicine doctor who treated a patient for testicular torsion. The case involves a failure to diagnose and timely treat testicular torsion resulting in death of a testicle.

• Read testimony by the Chief of Surgery in a case involving a failure to timely diagnose and treat a testicular torsion (twisting of a testicle) resulting in death of a testicle [PDF]
  

  Read testimony by the Chief of Surgery in a case involving a failure to timely diagnose and treat a testicular torsion (twisting of a testicle) resulting in death of a testicle.

• Actual Testimony of a Urologist In a Failure To Diagnose Pulmonary Embolism Case Resulting In Death [PDF]
  

  A Urologist couldn't explain who saw the patient after the patient suffered a pulmonary embolism, nor could he properly explain what treatment was given to the patient for this deadly condition. Read actual deposition testimony by the Urologist who was treating the patient.

• Actual Testimony by a Gynecologist in an Unnecessary Hysterectomy case. [PDF]
  

  A gynecologist tells the patient "You have cervical cancer" and performed a hysterectomy. The microscopic evaluation after surgery showed the patient never had cervical cancer, and therefore didn't need a hysterectomy. Read the deposition of a gynecologist in an unnecessary hysterectomy case.

• Actual Testimony by a Surgeon in a failure to diagnose colon cancer case. [PDF]
  

  A patient was constipated for a long time and despite taking medications prescribed by her doctor she ruptured her colon. During an exploratory surgery, the surgeon recognized the patient had a tumor and failed to treat it or even tell the patient about it. Read the deposition of this surgeon in a case of failing to diagnose and treat a colon tumor.

• Actual Testimony of a Pediatric ICU doctor in an unrecognized pneumonia case [PDF]
  

  Deposition of a Pediatric Critical Care Doctor in a case of failure to diagnose and treat pneumonia.

• Actual Testimony by an ICU doctor in an unrecognized pneumonia case [PDF]
  

  Deposition of a Pediatric ICU Doctor in a case of failure to diagnose and treat pneumonia.

• Actual Testimony by another doctor in a Failure to Diagnose Pneumonia Case [PDF]
  

  Deposition of a Critical Care Medicine doctor in a case of failing to recognize and treat pneumonia.

• Actual Testimony by a Doctor in a Failure to Diagnose Brain Tumor Case [PDF]
  

  A patient is injured in a car accident and in the emergency room she has a CAT scan of her head. The radiologist reading the CAT scan recognizes an abnormal mass in the patients' brain but fails to tell either the patient or the emergency room doctor about the abnormal finding. Read the deposition of a doctor in a case of failing to diagnose a brain tumor resulting in blindness.

New York Injury Times- our new newsletter

• New Exciting NY Injury Times Dec. 2011 Newsletter now available for your reading pleasure! [PDF]
  

  Find out what happens to Jimmy Changa in Gerry's never ending story. Test your skill in his trivia game. See his new photos and learn how much money NYC paid

• New Online Sept. 2011 NY Injury Times Newsletter; Now Available Here! [PDF]
  

  This month's new online newsletter from Gerry Oginski, a New York medical malpractice personal injury trial lawyer. In this month's edition, test your knowledge

• NY Injury Times Newsletter- May 2011; Mother's Day Edition! [PDF]
  

  Gerry's new online newsletter now available! Play our new trivia game. Read Gerry's never ending story. Find out where Jimmy Changa winds up. Photo gallery too!

• NY Injury Times-New Online Newsletter Now Available-Jan. 11'-Feb. 11' [PDF]
  

  In this month's new online newsletter; one of the best articles Gerry has written; find out what happens to Jimmy Changa in Gerry's never-ending fictional story and learn about a cataract surgery nightmare. Play Gerry's trivia game and test your knowledge of New York law. Explore Gerry's photo gallery; FAQ's and answers and more!

• NY Injury Times December 2010 newsletter now available [PDF]
  

  In this month's new newsletter, read about Gerry's FAQ's and answers; learn what happens to Jimmy Changa when Wikileaks dumps info about Jimmy in Gerry's never-ending fictional story. Test your knowledge of the law and play Gerry's trivia game and read about 5 Holiday Tips To Keep You From Being an Emergency Room Malpractice Victim. Don't forget to see Gerry's photo gallery.

• New York Injury Times-Oct. 2010 Online Edition [PDF]
  

  Gerry's never-ending story continues with Jimmy Changa; Find out what happens when a Washington, D.C. police captain calls the phone number on the card Jimmy gave him. Test your knowledge of the law with Gerry's trivia game. Read a true story about a cardiac nightmare. All this and more in this month's online edition of New York Injury Times.

• New York Injury Times new newsletter- Sept 2010 [PDF]
  

  Gerry's never-ending story continues with Jimmy Changa being pulled over by a Washington, DC cop. Test your knowledge of New York law with Gerry's trivia game and take a look at some of Gerry's stunning photos in his photo gallery.
  
  Don't forget to order your FREE book "Secrets of a New York Medical Malpractice Attorney" on our website http://www.oginski-law.com.

• NY Injury Times- Gerry Oginski's July 10' newsletter now available! Take a look... [PDF]
  

  Jury awards $1.5 million to a Westchester, NY woman for improperly performed bunion surgery. Learn why 'cost-containment' for health costs simply doesn't work. Test your knowledge of the law in New York in Gerry's trivia game, and view some stunning photos in Gerry's photo gallery in this month's newsletter.

• JUST THE OTHER DAY... a friend asked me what I did just the other day [PDF]
  

  Just the other day I launched the Total Online Video Solution for Attorneys,
  I travelled to North Carolina to tell attorneys about video for lawyers,
  I travelled to Florida and to Virginia to tell lawyers why they should be using video to market themselves...

• Gerry Oginski's June 2010 Newsletter, New York Injury Times, now available here [PDF]
  

  Gerry's never ending story continues with Jimmy Changa, just back from his mission in Russia is now given a new assignment that will blow your socks off. Learn what happens in the White House bowling alley that has the potential to destroy President Obama's administration. Test your knowledge of medical malpractice and accident law in New York with Gerry's trivia game. New photo gallery is up this month. Finally, read Gerry's reply to an article that appeared in the medical journal Obstetrics and Gynecology about containing costs in the health care reform arena.

• Gerry's New York Injury Times-April 10' Newsletter [PDF]
  

  Read about Gerry's slip and fall on ice in his own parking lot. Test your knowledge and take the legal trivia quiz. Read Gerry's never-ending fictional story, with the latest edition finding Hillary Clinton and wizard Jimmy Changa deep in Russia running from the Russian security forces. Take a look at Gerry's photo gallery and finally, Gerry's video update.

• NY Injury Times-March 2010 Newsletter [PDF]
  

  In this month's newsletter read what happens to Hillary Clinton and Jimmy Changa, the new superhero, in Gerry's never-ending fictional story; learn about FAQ's and answers you need to know about slip and fall cases here in New York; test your legal knowledge in Gerry's trivia game, and learn why accident victims are never millionaires.

• New York Injury Times January 2010 newsletter! [PDF]
  

  In this month’s edition:
  
  LAWYER SPOTLIGHT (new feature!); Test your legal skill with Gerry’s Trivia Game; A continuation of Gerry’s Never-Ending (Fictional) Story; FAQ’s and ANSWERS YOU NEED TO KNOW;
  Photo Gallery-Shells of Sanibel Island; VIDEO UPDATE, and more!

• December 2009 Holiday Edition of our Famous New York Injury Times monthly Newsletter [PDF]
  

  If you're looking for a dull and boring lawyer newsletter, you better go elsewhere. In this holiday edition you're in for a treat: Gerry's holiday thoughts; another great trivia game that even his mother-in-law loves; How To Choose a Lawyer from a Radio Ad; Gerry's never-ending fictional story (It's a good one this month); FAQ's you need to know; Video Update (new feature); Gerry's photo gallery; and some really cool things you need to see.
  
  You won't be disappointed.

• A THANKSGIVING ANNIVERSARY! A look back in time and a special thank you for allowing me to come into your lives you each month (sometimes every 2 or 3 months) with my New York Injury Times newsletter. [PDF]
  

  A ThanksGiving Anniversary; Photos of Gatorland, Disney and a Pumpkin Farm; Gerry's famous Legal Trivia game, and another fascinating installment of Gerry's Never-Ending fictional story (it's a good one this month!)

• New York Injury Times Newsletter- September 2009 [PDF]
  

  In this month’s edition:
  
  Injured? Try to hit the lawsuit jackpot!
  
  HEALTH CARE REFORM: IS MEDICAL MALPRACTICE NEXT?
  
  Gerry’s Trivia Game
  
  A Return of Gerry’s Never-Ending (Fictional) Story
  
  Photos of wildlife on Sanibel Island

• New York Injury Times- August 09' [PDF]
  

  In this month's August 2009 edition, my son saves a life; an open letter to President Obama; Gerry's trivia game; Gerry's (never-ending) fictional story returns; photos of a beach vacation and moments in time. (It's a large file, so be patient.)

• New York Injury Times- June 09' [PDF]
  

  Learn why all jurors should now be allowed to Twitter.
  Gerry's never-ending fictional story makes a comeback!
  Test your knowledge with Gerry's Trivia game.
  All this and more- for Free!

• New York Injury Times- May 09' Newsletter [PDF]
  

  In this 12 page edition you'll learn about Gerry's new book, "Doctors Gone Wild." Learn how medicare and medicaid can ruin your accident lawsuit. Find out how Twitter and Facebook led to mistrials in recent lawsuits. Read about a juror in New York who was Twittering during the jury selection process. Learn why a permanent nerve injury resulted in a $1 Million Dollar settlement. Test your knowledge of medical malpractice and negligence cases in NY; Try our trivia game, and see what sits on top of the St. Maarten Courthouse.

• New York Injury Times- February 09' Newsletter [PDF]
  

  Gerry Oginski's fun and informative newsletter. Try his trivia game; read why referrals are so helpful to you. Learn why giving something away for free can generate a lot of business. Find out what new blog Gerry has just launched, and which new blogs he'll be launching shortly.

• New York Injury Times- December 08' Newsletter [PDF]
  

  Articles in this Month's Newsletter:
  The Power of Persuasion
  The Large Law Firm Trap
  What Happens When You Fail To Timely File a Claim?
  More Examples of Malpractice
  Wal-Mart Stampede In NY-Who’s At Fault?
  Queens Bike Rider Hit By Car at T Intersection
  Apples v. Oranges
  Are You In The Zone of Danger?
  REFERRALS- A “Win-Win” Situation
  Our Legal Trivia Game

• New York Injury Times- September 08' Newsletter [PDF]
  

  Read Gerry Oginski's September 2008 newsletter with the lead article describing the top 5 reasons you should not bring a medical malpractice lawsuit in New York. Play our trivia game with 10 law related questions and two really tough bonus questions. Find out why referrals are a "win-win" situation for everyone involved.

• June-July 08'-The True Cost Of Permanent Injuries/ Bike Accidents/ Trivia Game/ A Contest/ Bonus Story You Don't Want To Miss! [PDF]
  

  Read about The True Cost Of Permanent Injuries. Read about Bicycle Accidents in NY. Play our trivia game and read why referrals are so important. As a bonus, read a riveting story of our family's survival during the Holocaust.

• March April May 08' Newsletter [PDF]
  

  Read a fascinating article on damages in cases in New York titled "What is your life worth?" Test your knowledge in our ever-popular Medical Malpractice & Personal Injury Trivia Quiz. Read why referrals make you feel good. Learn what happens when our fictional character Jimmy-the Man who can cure cancer- is invited to a Middle East Summit. Come join us. There's something there for you. I guarantee it.

• February 2008 NY INJURY TIMES NEWSLETTER [PDF]
  

  Learn about injustice and how to right a wrong. Read Gerry's fictional story about a man who can cure cancer. Test your knowledge of New York medical malpractice and personal injury law with our Trivia Game. Read about some interesting cases we've handled.

• 2007-2008 HOLIDAY EDITION OF NY INJURY TIMES! [PDF]
  

  Read about the $1,000,000 free classified ad; Gerry's never-ending fictional book; play Gerry's medical malpractice & injury trivia game; read legal headlines from around the country; change your perception- out of the box thinking. A great 8 page newsletter you're sure to enjoy.

• FRIVOLOUS LAWSUITS- ARE THEY FAIR GAME DURING JURY SELECTION? [PDF]
  

  Learn whether frivolous lawsuits are an appropriate topic to discuss with potential jurors in a medical malpractice or accident case. Try our trivia game, and read Gerry's fictional story about the man who can cure cancer.

• August 07 Newsletter [PDF]
  

  Read our famous newsletter. Here are this month's articles:
  JUST THE OTHER DAY... “A riveting story about life and how quickly it passes by”
  
  TRIVIA GAME! “Test your knowledge of medical malpractice & personal injury law”
  
  Gerry’s Fictional book.. “Continue reading the ongoing saga of the man who could cure cancer”

• Volunteering- What it means to help someone [PDF]
  

  Read what it means to be a volunteer firefighter. Read Gerry's continuing fictional book about the man who can cure cancer. Test your knowledge of medical malpractice and personal injury law with our trivia game.

• Speed, Time & Distance- Learn what they have to do with your car accident [PDF]
  

  Learn why speed, time & distance are so important in a car accident case; Play our malpractice and injury law trivia game; read Gerry's Fictional Story about the man who can cure cancer.

General

• Failure to Diagnose Breast Cancer
  

  A recent study has shed light on the risks of today's mammogram practices. Namely, the incidence is high for breast cancers found after negative mammogram scree

• Just Released! January 2010 Edition: New York Injury Times newsletter An action-packed collection of stories, games, info you need to know and beautiful photos for you to look at. [PDF]
  

  Looking for a "dull & boring" lawyer's newsletter? You won't find that here.
  
  In this packed January 2010 edition of our New York Injury Times newsletter, January 2010 edition you're going to find:
  
  (1) Lawyer Spotlight, (2) FAQ's and answers you need to know, (3) Test your knowledge with Gerry's Trivia Game, (4) Gerry's Never-Ending (Fictional) Story, (5) Shells of Sanibel Photo Gallery and (6) Video Update.

• Just Released! January 2010 Edition: New York Injury Times newsletter An action-packed collection of stories, games, info you need to know and beautiful photos for you to look at. [PDF]
  

  Looking for a "dull & boring" lawyer's newsletter? You won't find that here.
  
  In this packed January 2010 edition of our New York Injury Times newsletter, January 2010 edition you're going to find:
  
  (1) Lawyer Spotlight, (2) FAQ's and answers you need to know, (3) Test your knowledge with Gerry's Trivia Game, (4) Gerry's Never-Ending (Fictional) Story, (5) Shells of Sanibel Photo Gallery and (6) Video Update.

• Just Released! January 2010 Edition: New York Injury Times newsletter An action-packed collection of stories, games, info you need to know and beautiful photos for you to look at. [PDF]
  

  Looking for a "dull & boring" lawyer's newsletter? You won't find that here.
  
  In this packed January 2010 edition of our New York Injury Times newsletter, January 2010 edition you're going to find:
  
  (1) Lawyer Spotlight, (2) FAQ's and answers you need to know, (3) Test your knowledge with Gerry's Trivia Game, (4) Gerry's Never-Ending (Fictional) Story, (5) Shells of Sanibel Photo Gallery and (6) Video Update.

• The Straight Truth About Lawyer Advertising-NY Accident Lawyer Explains
  

  Learn the different ways lawyers advertise and how you need to know how to distinguish one law firm from another. Find out from Gerry Oginski, an experienced New York medical malpractice, wrongful death, and personal injury trial lawyer practicing law in Brooklyn, Bronx, Queens, Manhattan, Long Island, Nassau & Suffolk. For more information, call Gerry personally at 516-487-8207.

• Judgment Non Obstante Verdicto - What Is It, And Why Should You Care?
  

  Learn what happens in New York when you win a jury verdict that is against the weight of the evidence. Does the Judge have the right to throw out the verdict? Read the article to find out.

• What is "Summary Judgment?"
  

  You think you have a good case. Your lawyer tells you that you have a solid case. Your lawyer tells you that your case has been reviewed by a medical expert who feels that there were departures from good and accepted medical care that caused you permanent harm.

• Personal Injury: 5 Reasons Why Your NY Injury Lawyer Will Lose His License
  

  Learn the top five reasons why your New York personal injury lawyer may lose his license to practice law. The number one reason is that he steals your money. Find out how this can happen and what you can do about it.

• 5 Reasons Why Your NY Injury Lawyer Will Lose His License
  

  Learn the top five reasons why your New York personal injury lawyer will lose his license to practice law. Gerry Oginski, an experienced accident lawyer practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.

• Deposition Tips When Questioning A Doctor in a Medical Malpractice Case
  

  Learn important tips about how to question a doctor at his deposition in a medical malpractice case. Gerry Oginski, an experienced medical malpractice & personal injury trial lawyer practicing in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.

• Breast Cancer Survivors - Do You Really Think Your Doctor Misdiagnosed Your Cancer?
  

  Breast Cancer Survivors - Do you really think your doctor misdiagnosed your cancer? Learn 15 questions you should ask yourself if you've been diagnosed with breast cancer. Gerry Oginski, an experienced Medical Malpractice & Personal Injury lawyer explains.

• Why Is Your NY Injury Case Worth Only $250,000 And Your Neighbor's Case Is Worth $500,000?
  

  Your neighbor got $500,000 for her injuries. You were injured in an accident, and your lawyer tells you your injuries, even though similar to your neighbor, are worth only $250,000. Why the difference? There are many factors that go into evaluating a personal injury case. Here are the top 10 things lawyers use to evaluate the value of a case.

• Medical Malpractice - Failure To Diagnose Ectopic Pregnancy
  

  By definition, an ectopic pregnancy is one that is outside of the uterus. Why is it life threatening? In order to answer the question, it is important to learn where a normal pregnancy is supposed to be.

• Medical Malpractice- 10 Reasons Why You Shouldn't Sue Your Doctor
  

  Learn why you need a lawyer and why suing your doctor may not be in your best interests.

• Attorney Advertising: How To Choose an Injury and Medical Malpractice Lawyer
  

  Learn why attorneys advertise and whether you can choose one just by their advertisement.

• What Exactly Does A Personal Injury and Medical Malpractice Lawyer Do?
  

  Learn what a personal injury lawyer and medical malpractice lawyer actually does for you.

• New Lawyer Advertising Rules in New York [PDF]
  

  lawyer advertising in new york

• November 2006 Newsletter- 5 reasons why you don't need a lawyer [PDF]
  

  5 reasons why you don't need a lawyer;
  Play our new medical malpractice and personal injury law trivia game;
  Read Gerry's continued fictional story
  There's something there for you- I guarantee it.

• New York Lawyer Advertising rules are about to change! [PDF]
  

  The wild west of lawyer advertising in New York is over. The rules that govern lawyer advertising in print, media, and online are changing. Starting in the Fall of 2006 the rules governing lawyer advertising will become very restrictive. Read the actual proposed rules to learn what's different.

• Straight Talk About Torts [PDF]
  

  The myth of the litigation crisis-
  When it comes to tort ‘reform,’ cutting through the fog can be difficult. That’s why we’ve gone to the source: statisticians and researchers who keep a running tally of who’s going to court, why, and what happens when they get there.
  Written by Carmel Sileo and David Ratcliff

• Learn what your lawyer looks for in a prospective client
  

  When a client enters a lawyer's office looking to hire an attorney, learn what the lawyer looks for in a client before agreeing to take on a case.

• Read why you shouldn't rely on a lawyer who tells you your case is worth millions
  

  Your case is worth money, but how much? Be careful of lawyers who tell you on the very first visit your case is worth millions! Read why.

• The frivolous case for tort law change-Opponents of the legal system exaggerate its costs, ignore its benefits
  

  The frivolous case for tort law change
  Opponents of the legal system exaggerate its costs, ignore its benefits

• Newsday Flyer- 5 Deadly Sins That Can Wreck Your Injury Claim [PDF]
  

  This is a flyer that will appear in Newsday in the next few weeks giving readers a preview of our Free Special Report, 5 Deadly Sins That Can Wreck Your Accident Claim. It discusses accidents, accident, car accident, bike accident, deadly sins, deadly, sins, bicycle, car, trek bike, cannondale, things you should know, accident claim, accident lawsuit, damages, injury, injuries, injured

• Cancer- when cells go bad
  

  An article about cancer detection and prevention- written by Canute Dionu who runs a Cancer website.

• Camp Injuries- 7 things you need to know [PDF]
  

  New York personal injury lawyer Gerald M. Oginski represents residents of Brooklyn, Bronx, Queens, Manhattan, Staten Island and Nassau and Suffolk Counties who have suffered injuries or death. This article discusses Gerry's experience working with children injured in swimming accidents, biking accidents, sports injuries, and other injuries that often occur at summer camp. Retaining Gerry to review your child's injury case gives you the advantage of a solo practitioner determined to get you best results for your child's injury. If you live in the New York metropolitan area or the surrounding counties, and you've been injured, call Gerry today.
  
  This special report tells you what you need to know if your child is ever injured at camp.

• New York Code of Professional Responsiblity [PDF]
  

  New York Code of Professional Responsiblity, A Lawyer's Ethical Considerations & Disciplinary Rules- Published by the New York State Bar Association

• Legal Humor- Actual courtroom comments by witnesses- You just can't make this stuff up!
  

  Legal Humor- Actual courtroom testimony

• 9/11 and the New York City Economy: A Borough-by-Borough Analysis [PDF]
  

  Study by Michael L. Dolfman & Solidelle F. Wasser on the wide reaching effects of the 9/11 terrorist attacks on New York City's economy.

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