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Gerry Oginski's New York Legal Blog

This blog is designed to educate and inform you about recent news and how it may impact your legal case in New York. I have provided commentary and opinion and welcome your comments to keep the conversation going.

If you have urgent legal questions or need a lawyer, please pick up the phone and call me at 516-487-8207 today.


8/24/2013
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Woman Kills 3 Kids Then Demands Share of Wrongful Death Settlement Proceeds

A woman killed her three little kids by drowning in 2008. She then tried to commit suicide by drinking toxic chemical such as bleach, Oxiclean and other lovely cleaning solutions.

Category: Keyword Search: Newsday

11/30/2010
Gerry Oginski
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911 caller gives correct address. Dispatcher doesn’t get it right. Patient dies.

That’s what happened November 14 when a frantic woman called 911 after her husband was gasping for breath in Wainscott on the East End of Long Island. The dispatcher failed to ask the caller for the nearest cross-street and also failed to recognize the address that popped up on the computer screen. Newsday reported today that since the emergency call was made from a landline, the caller’s address immediately showed up on the computer. The dispatcher ignored it. Here’s where the problem arose: That address, 419 Montauk Highway is the same address for four different adjacent towns on the East End of Long Island. Those four towns are Wainscott, East Hampton, Montauk and Amagansett.

Category: Keyword Search: Newsday

11/8/2010
Gerry Oginski
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An article in today's Newsday describes a recent study done by the government that cost $250 million to determine whether CT scans are a reliable and effective method of screening for early detection of lung cancer.The government project showed a 20% reduction in mortality through spiral or helical CT scanning. As of yet, private insurers do not cover CT scans for routine lung cancer screening according to Dr. Harold Varmus, director of the National Cancer Institute, a sponsor of the CT scanning research.

As with any new diagnostic test that is expensive, many medical policy skeptics decry the use of diagnostic imaging based on ever-increasing health care costs. The Newsday article says that some medical policy experts have questioned the cost of cancer screenings of all kinds, citing false positives. I have written extensively on this topic before, and whenever medical policy experts get involved, you must always ask what their hidden agenda is. Typically it involves trying to reduce healthcare costs associated with diagnostic tests and treatments. Many of the so-called “policy experts” believe diagnostic tests and treatments are “unnecessary.”

The next time somebody tells you that you may have the early stages of a fatal disease, ask them what they would do if there was a test available that would detect this at an early-stage. Ask them whether they are willing to forgo early diagnosis and treatment of lung cancer in order to save an insurance company from paying $500-$1000 for diagnostic test. According to this government study, a CT scan is effective in diagnosing early lung cancers.

Dr. Harry Raftopoulos, a medical oncologist at North Shore-LIJ's Monti Cancer Center was quoted as saying there are no screening standards currently. The only ones in use are the ones created for this project to determine which patients would be right for this study. Interestingly, he asked a pressing question: "What are doctors  supposed to do when they diagnose an abnormal finding? He said there may also be a risk of exposing patients to unnecessary biopsies as a result of abnormal findings. However, both experts noted above predicted that their hospitals would eventually develop CT screening criteria that would allow patients to undergo this lung cancer screening test.

The article also quoted Dr. Jeff Schneider, director of lung cancer program at Winthrop University Medical Center saying that this study is groundbreaking. Hopefully, with early detection, patients can receive early diagnosis and treatment, which is exactly the goal for both doctor and patient.

Category: Keyword Search: Newsday