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Get the Justice and Compensation You Deserve After Medical Malpractice in New York

When you or someone you love suffers an illness or injury, you seek the advice and care of medical professionals. You put your faith, your health, and often your lives in their hands. You trust they will always do what is best and be honest about your care. Unfortunately, that is not always the case. Too often, healthcare providers make serious errors—either taking the wrong action or failing to take a necessary action at all, and patients are left to suffer the lasting consequences of these decisions. It can be difficult A Gavel With a Black Stethoscopeto fully know what happened and if someone is to blame. You may feel in your gut that something is wrong, but you may not know just what to call it.

Fortunately, there are those who can help. Gerry Oginski is a New York medical malpractice lawyer whose years of legal experience can help victims recognize the negligence of a healthcare provider and whose own personal experience can help victims navigate the frustrating and confusing time after an accident or injury.

If you are visiting our site today because you are worried you or someone you love has been the victim of medical malpractice, we offer you ample information about what medical malpractice is and what your rights are under New York law. Don’t hesitate to contact our experienced lawyer at 516.487.8207 or fill out our online contact form to hear back from Gerry. You can schedule a free, no-obligation consultation to discuss the details of your case and learn more about your legal options.

What Constitutes Medical Malpractice in New York?

Medical malpractice is defined as when a physician or other healthcare provider acts in a way that deviates from accepted norms and harms a patient. One key question to ask in these cases is did the health provider act within the accepted norms of the profession? Did that provider act (or not act) in accordance with what another provider in the same field, in the same geographic area, armed with the same knowledge, would do? This is known as the reasonable standard of care.

Additionally, three important factors must be satisfied to pursue a successful medical malpractice case. Those are:

  1. The provider deviated from the reasonable standard of care.
  2. That behavior substantially caused and/or contributed to the patient’s injuries.
  3. Your injuries are permanent, significant, lessen your quality of life, limit your ability to work and earn a living, and/or cause you long-term pain and suffering.

The reasonable standard of care and the impact of each of these three factors will likely be debated by the defending party. It is necessary in most cases to secure statements from another doctor who treated you or a physician who will review your records to confirm malpractice occurred.

Types of Medical Malpractice Cases Our Firm Handles

There are many types of medical malpractice cases that result from the inappropriate action or inaction of a medical provider. These cases can leave victims and their families facing serious, lifelong consequences. Gerry Oginski understands what a frustrating and scary situation this can be. After the death of his father, he and his family knew the devastation of medical malpractice, and he now works hard to make sure that other victims can obtain the justice they deserve and the compensation they need to move forward with their lives. He handles all types of medical malpractice cases in New York, including:

  • Misdiagnosis and failure to diagnose
  • Birth injuries
  • Surgical mistakes 

Other common medical malpractice cases can involve medical errors in eye care, anesthesia, dentistry, gynecology, and emergency room treatment.

How Do I Know If I Was the Victim of Medical Malpractice?

It can be difficult to know for sure if you or someone you love has been the victim of medical malpractice. While modern medicine has shown much potential to heal, it is not absolute. Negative medical outcomes are sometimes unavoidable, and not all bad results are medical malpractice. However, there are too many instances in which a provider’s action (or inaction) does lead to the injury or death of a patient. In those situations, those responsible should be held accountable. If you suspect you or your loved one has suffered unnecessarily, you can:

  • Obtain your medical records. Patients have a right to obtain and review their own medical records. In those records, the actions or inactions of the medical team, as well as your symptoms, will be documented to offer a clear view of how the situation unfolded.
  • Seek a second opinion. As mentioned earlier, it is often required that any medical malpractice case have the word of another appropriate physician to confirm the victim’s claim. Seek the advice of another doctor for a fresh perspective and further information about your condition.
  • Contact an experienced medical malpractice lawyer. A skilled attorney who has handled medical malpractice cases in the past can offer insight into the strength of your case and what to expect moving forward. When you hire a lawyer, he can help build a strong, comprehensive case by examining your records, talk to expert witnesses, gathering evidence, filing court documents, negotiating with insurance companies, and preparing for court if necessary.

Why Choose This New York Medical Malpractice Lawyer?

There may be many lawyers who claim they can handle your medical malpractice case. It can be overwhelming to find just the right person to represent your interests in this personal and critical case. When you contact Gerry Oginski, you will find an attorney who understands your situation and will work hard to help you meet your goals. Gerry is a solo practitioner who chooses to run his firm with his focus and energy on his clients. He has helped many clients successfully obtain compensation integral their physical, emotional, and financial recovery. In New York, medical malpractice victims have two years from the date of the injury to file a lawsuit. If the medical error occurred in a municipal hospital or clinic, the law allows only 90 days to pursue a claim—don’t wait. Let Oginski Law help protect your rights and your loved ones today. Call our New York office at 516.487.8207 to schedule a free, no-obligation consultation to learn more about your legal options, or take a moment to fill out our online contact form for a prompt response.


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