Practice Areas
- I WANT TO SUE
- NEED TO FIND A LAWYER
- HOW LAWSUITS WORK
- Medical Malpractice
- Obstetrical Malpractice
- Erbs Palsy and Klumpke's Palsy
- Failure to Diagnose Cancer
- Surgical mistakes
- Emergency Room Errors
- Eye Doctor Errors
- Gynecology Errors and Mistakes
- Gallbladder Surgery
- Anesthesia Errors
- Failure to Diagnose Heart Attacks
- Emergency Room Screw-ups
- Dental Errors and Mistakes
- Wrongful Death Cases
- Bicycle Accidents
- Lawsuits Involving Children's Injuries
- Negligence Cases
- Car Accidents
Blog 
I WANT TO SUE
- 3 Reasons Why You Think Your Injury Case is Worth More Than It Really Is
- You Do a Google Search-Why Does Your Name Show Up on a Personal Injury Lawyer's Website?
NEED TO FIND A LAWYER
HOW LAWSUITS WORK
- MD fined $10,000 for charging $66 fee
- You Are In Pain. Does Anyone Care?
- Medical Malpractice Law for the Non-Personal Injury Attorney; Comments by Attorneys
- $6 Billion in New York City Tort Payments over 10 Years
- NY Courts Should Adopt Google+ Video Hangouts
Medical Malpractice
- How Do You Prove Liability in a New York Medical Malpractice case?
- New Hospitals Collective Seeks to Improve Services on LI East End
- Why do Upstate Doctors Pay Less for Medical Malpractice Insurance Than Do Downstate Doctors?
- New Study Links Acid Reflux Rx to Bone Fractures
- Bullying a Cause of Medical Errors; Report on NY Times Op-Ed Piece
Obstetrical Malpractice
- Obstetrical Malpractcie: Medical Errors Revealed in Obstetrics Care Report
- Sun Goes Down, Birthing Risks Go Up
- Norwich, CT Obstetrician Sued for Baby's Death
- Developmental Delays-Why Is Your Child Developmentally Delayed?
Erbs Palsy and Klumpke's Palsy
Failure to Diagnose Cancer
- Failure to Timely Diagnose Recurrence of Breast Cancer in NY; Viable Case?
- $7 Million Awarded to Massachusets Family for Bungled Pre-Birth Diagnosis: News Report
- Elizabeth Edwards dies of breast cancer
- Prostate staging doesn't matter according to recent study
- Ductal carcinoma in situ-what is it and do you believe the hype?
Surgical mistakes
- How Not to Die From Gall Bladder Surgery; Miami Medical Malpractice Lawyer Explains
- Medical Malpractice: Wrong Surgeries Program Indicates Success
- Medical Malpractice: Does Teamwork Cause or Contribute to It?
- 292 Foreign Objects Left Inside of Patients 2008-2009 in New York
- Surgical Instruments (plural) Left Inside Patient During Surgery
Emergency Room Errors
- 1 out of 7 Medicare Patients Harmed in Hospital
- The Check Came In- A Cardiac Nightmare in New York
- Is a ruptured appendix evidence of medical malpractice?
- A Morphine Cocktail Gone Wrong
- Sepsis Misdiagnosis
Eye Doctor Errors
- Man suffers blindness because of improperly performed surgery-Can't take case
- Cataract Surgery Nightmare; Woman Loses Vision in One Eye; $725,000 Settlement
Anesthesia Errors
- 6 Year Old Boy Dies at Dentist Leads to $5M Lawsuit
- $10.5 Million Awarded to Woman Debilitated by Anesthetics Error
Failure to Diagnose Heart Attacks
Wrongful Death Cases
- Kidney Dialysis Leads to Bloodbath & Death
- Helmetless Biker Dies After Protesting Helmet Law
- Ex-Yankee's Plane Manufacturer Cleared of Blame for Crash
- Player's Death at Ole Miss Results in Wrongful Death Lawsuit
- 911 caller gives correct address. Dispatcher doesn’t get it right. Patient dies.
Bicycle Accidents
- Bicycle Law Develops Niche in NYC
- Queens Bicycle Rider Hit By Car at a T Intersection-New York Accident Attorney Explains
Lawsuits Involving Children's Injuries
Negligence Cases
- 4 Things Your Accident Attorney Wants You to Know
- Fall from Bed Paralyzes Fordham College Student
- CDC: Carbon Monoxide is a Leading Cause of Poisoning
- NYC-Two Men Almost Drown in Elevator
- While US Beats E.coli Back, Salmonella Remains Nuisance
Car Accidents
- Teen Driving-Distraction is Greatest Factor For Teen Driver Crashes
- Truck Hangs Precariously Three Floors Up
- Suffolk Cracks Down on Distracted Driving
- Motorcycle Biker Who Protested Helmet Law Killed While Riding Without Helmet
- Two Car Accidents Plague Long Island Tuesday
General
- Heart Attacks Now Treated Much Faster
- Pharmacty Error: Family Claims Wrong Prescription Caused Death of 12 Year Old
- Handicapped Chasidic Jew Sues NYC Businesses That Are Not Handicap Accessible
- CT Scans Screen for Early Detection of Lung Cancer
- You've Been Taking Avandia-Is There Really a Risk?
New York Medical Malpractice Video Blog.. 
- Testicular Torsion; NY Medical Malpractice Lawyer Explains
- Improperly Set Broken Bone Leads to Surgery
- Ruptured Dialysis Shunt Leads to Death; New York Medical Malpractice Lawyer Explains
- 5 Reasons Your Case Will Not Be Accepted: NY Medical Malpractice Lawyer Explains
- Bunion Surgery Results in Death 9 Months Later
NY Medical Malpractice and Accidents..
- Three LI Bus Crashes Tarnish End of the Week
- WARNING TO MEN: US Government Says Prostate Cancer Screenings are Unnecessary
- Why Jury Selection in NY is Like Picking Teams in the Schoolyard
- What is a "Bill of Particulars?" NY Attorney Gerry Oginski Explains
- Car Accident in NY: Claims Examiner Offers You $$$. Do You Take It?
News
- Dateline-Lower East Side, NYC; Fatal Car Crash Takes Talented Child
Posted on 2/5/2012 - Skin Cancer Drug Approved for Speedy Review
Posted on 2/5/2012 - Lawyer Posing as Physician Suspended
Posted on 2/5/2012 - Heartburn Medicine Linked to Hip Fractures; BRITISH MEDICAL JOURNAL says
Posted on 2/5/2012 - Famed Reporter Dies in LI Crash
Posted on 2/3/2012 - Dateline-Brooklyn, NY; Flatbush Man Struck and Killed in Hit-and-Run
Posted on 2/3/2012 - Ford's Health-Monitoring Car Gains Partners
Posted on 2/3/2012 - Builders Don't Want NYC Crane Collapse Settlement Records Released
Posted on 2/3/2012 - The Price of Age Discrimination
Posted on 2/3/2012 - Doctors Bypass 46% of Annual Checkups; American Journal of Preventive Medicine
Posted on 2/3/2012
Library
HOW LAWSUITS WORK
- "How dare the defense try and dismiss my case!"
- Credibility-The Most Important Part of Your Lawsuit
- You’ve just won a large verdict in your New York medical malpractice case. What happens next?
Medical Malpractice
- Failure to Diagnose Cancer Case-How Does It Work?
- 5 Important Ways To Protect Yourself in a Hospital
- 7 Deadly Mistakes of Medical Malpractice Victims
- Misplaced Feeding Tube Results in Death
- Misplaced Feeding Tube Results in Death
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?
- Botched Delivery Results in $4.3 Million Award for Brain Damaged Baby
- Obstetrical Errors and Malpractice in New York
- Untimely C-Section and Developmental Delays
Erbs Palsy and Klumpke's Palsy
- Really Smart Lawyer Makes Strategic Strike on Defense Theory Knocking It Out Before Trial.
- Erbs Palsy, Brachial Plexus Palsy and Klumpke's Palsy
Surgical mistakes
- Urology Disaster-NY Medical Malpractice Lawyer Explains
- Urology Disaster-NY Medical Malpractice Lawyer Explains
Emergency Room Errors
- A Cardiac Nightmare in New York. A true story.
- Testicular Torsion- New York Medical Malpractice Attorney Explains
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.
- Deposition Testimony of an Ophthalmologist in a Cataract Surgery Nightmare Case
- Blind in One Eye
Gynecology Errors and Mistakes
- De-Identified Deposition of a Gyn Oncologist in a Failure to Diagnose Perforated Bowel During Gynecologic Surgery
- De-Identified Deposition of a Gynecology Resident in a Failure To Timely Diagnose and Treat a Bowel Perforation During a Gyn Surgery Case
Anesthesia Errors
Failure to Diagnose Heart Attacks
Dental Errors and Mistakes
Wrongful Death Cases
- Another Taser Related Death Results in an Award of $150,000
- "One out of seven nursing home patients with dementia were wrongfully administered potentially lethal antipsychotic drugs," says the Dept. of Health & Human Services
- A Medicare Nightmare- “Can’t You Understand What I’m Telling You?”
- In Case of Death
- Kings County Hospital-Death in Psych ER
Bicycle Accidents
- Queens Bicycle Rider Hit By Car at a T Intersection-New York Accident Attorney Explains
- NY ACCIDENTS-Are you in the 'Zone of Danger'?
- Bicycle Accidents In New York- Bicycle V. Car, Who Wins?
- My Bicycle Accident
- The 10 Most Common Car-Bike Collisions & How to Avoid Them
Negligence Cases
- Pharmacy Prescription Errors
- 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.
- Lawsuit Lottery Jackpot!
- Bicycle Accidents in New York City
- Wal-Mart Stampede in New York-Who's At Fault?
Car Accidents
- The New York City Department of Transportation is embarking on a new speed program, "That's Why It's 30."
- Are You Texting While Driving? Texting Still a Big Car Accident Concern
- Pedestrian Deaths in New York
- NY Negligence Lawyer-The Large Law Firm Trap
- NEW YORK CAR ACCIDENTS- 12 Key Deposition Techniques in a Car Accident Case
Practical Advice for New Yorkers
- Looking for an attorney? Here are 5 tips to help you understand attorney advertising online.
- Gerry's Law Guide for New Yorker's- 2009 Edition
- Gerry's 2007 Updated Law Guide for New Yorkers
- 10 Things Your New York Medical Malpractice And Personal Injury Lawyer May Not Tell You
- How New Yorkers should decide on an Injury Attorney
Actual Deposition Testimony of Doctors in Malpractice Cases
- Eye doctor improperly performs cataract surgery causing patient to lose vision
- Actual Testimony of an Attending Orthopedic Surgeon
- Orthopedic Intern Testifies in Knee Replacement Lawsuit
- Read actual testimony of a podiatrist in an improperly performed bunion surgery case.
- 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.
New York Injury Times- our new newsletter
- New Exciting NY Injury Times Dec. 2011 Newsletter now available for your reading pleasure!
- New Online Sept. 2011 NY Injury Times Newsletter; Now Available Here!
- NY Injury Times Newsletter- May 2011; Mother's Day Edition!
- NY Injury Times-New Online Newsletter Now Available-Jan. 11'-Feb. 11'
- NY Injury Times December 2010 newsletter now available
General
- Failure to Diagnose Breast Cancer
- 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.
- 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.
- 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.
- The Straight Truth About Lawyer Advertising-NY Accident Lawyer Explains
Gerry's Video Library is the place to learn.
Can You Bring A Wrongful Death Case in New York Without Pecuniary Loss?
http://www.oginski-law.com
Your loved one has died in New York, and you are devastated. You believe that your family member died because of someone's wrongdoing. You want answers.
In cases where your loved one was elderly and not working, then it becomes difficult, if not impossible, to show that there was a financial loss to the family as a result of their death. This is known as "pecuniary loss." In NY, one of the elements of proving a wrongful death case include asking "What was the financial loss to the family because your loved one died?"
Where the person was not employed, then there is no way that we can show an actual financial loss to the family, unless there was some other source of income that they were receiving on a regular basis.
Another element that we look at in a wrongful death case in New York is to determine whether your family member suffered pain, from the time of the wrongdoing until their death. If they were under anesthesia during the course of surgery, and something happened during surgery to cause their death without them ever waking up, then it would be difficult, if not impossible, to show that they were conscious and aware of what was happening. In order to prove conscious pain and suffering and be able to include that in a claim for wrongful death, we must be able to show some level of awareness and pain. The NY Courts have held that this can include moaning, groaning and responses to painful stimuli.
Watch the video to learn more.
To learn more about how wrongful death lawsuits work, I encourage you to visit my website, http://www.oginski-law.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 516-487-8207. I welcome your call.
The Law Office of Gerald Oginski, LLC
25 Great Neck Road, Suite 4
Great Neck, NY 11021
516-487-8207
Lawmed10@yahoo.com
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Secrets of a New York Medical Malpractice and Injury Attorney
DOCTORS GONE WILD-An Insider's View of Medical Malpractice Cases in New York
IN CASE OF DEATH-How To Find Your Way After Your Loved One Died
Medical Malpractice Inside Look at How Cases Work in New York
Quick Contact
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Great Neck, New York 11021
Phone: (516) 487-8207
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7018 Ft. Hamilton Parkway
Brooklyn, NY 11228
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Videos
I WANT TO SUE:
NEED TO FIND A LAWYER:
- Your Attorney Doesn't Communicate With You- Why Not? NY Medical Malpractice Lawyer Explains
- Raise Your Hand For More Information About How to Find a Lawyer
- How to Find a New York Medical Malpractice Lawyer
HOW LAWSUITS WORK:
- What is "Causation?"
- Is Your Doctor An Expert Qualified To Tetsify At Trial?
- Can You Bring a Pediatrician In To Testify Against a Surgeon?
Medical Malpractice:
- Failure to Diagnose-What Question Does a Medical Malpractice Attorney Need to Know?
- Staten Island Doctor Sued 40 Times & License Revoked
- "How DARE You Bring a Lawsuit!"
Obstetrical Malpractice:
Failure to Diagnose Cancer:
- Avastin Advanced Breast Cancer Drug Pulled Off Market by FDA; NY Attorney Gerry Oginski Explains
- Failure to Diagnose Cancer, New York Medical Malpractice Lawyer Gerry Oginski Explains
- Failure to Diagnose Cancer
Surgical mistakes:
- Failure to Daignose Bowel Perforation During Appendix Surgery in New York
- Surgical Complications: Risks of Surgery or Medical Malpractice? NY Trial Attorney Gerry Oginski Explains
- Foreign Objects-Something's Been Left Inside of You!
Emergency Room Errors:
- Dad Fell Out of Bed; Can You Get Hospital Incident Report?
- Failure to Diagnose Leads to Surgery; New York Medical Malpractice Attorney Explains
- Orthopedic Malpractice-NY Trial Lawyer Explains
Eye Doctor Errors:
Gynecology Errors and Mistakes:
Wrongful Death Cases:
- Kidney Dialysis Malpractice Leads to Shunt Rupture, Bloodbath & Death
- Can You Bring A Wrongful Death Case in New York Without Pecuniary Loss?
- NY Wrongful Death-What to Bring on Your First Visit to an Attorney's Office
Bicycle Accidents:
- Bike Accidents; Newsday Special Report
- NY Bike Accident on Rte. 347
- Queens Bicycle Rider Hit At a T Intersection- New York Accident Attorney Explains
Negligence Cases:
- Dr. Testifies Against Own Patient!
- Heptatis A Exposure in Massapequa Park, NY
- Frivolous lawsuits-Why Would Anyone Want To Bring One?
Car Accidents:
- Hit & Run in New York-Who's Responsible?
- NEW YORK CAR ACCIDENTS-Do You Even Need An Attorney?
- Hit By a Car, Then Injured By a Doctor; New York Trial Lawyer Explains
