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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.


12/28/2014
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Will Your Clothing Affect the Outcome of Your Trial?

Some injured victims think it's ok to wear whatever they want to court. Some litigants think they don't care what other people think of them and what they wear

Category: Keyword Search: accident

7/8/2013
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Tort Reform Sounds Reasonable, But It Could Cost Victims Dearly; NY Post Article Cries Out for Changes in Accident Law

New York’s law on “joint and several” liability was taken to task by The New York Post in an opinion piece this weekend, which called for tort reform.

Category: Keyword Search: accident

3/30/2013
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The Hazards of Swimming in a Pool Without a Lifeguard

The reality is that there are instances where a hotel or resort MAY be responsible for injuries that occur in and around a pool even though there are signs warning "No Lifeguard on Duty!"

Category: Keyword Search: accident

3/19/2013
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Why lock a witness into their testimony at their pretrial deposition?

A pre-trial question-and-answer session, also known as a deposition, is a critical opportunity to lock a witness into their testimony.

Category: Keyword Search: accident

1/15/2013
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Why do we need your Social Security number in a medical malpractice lawsuit in New York?

The reason we ask for it is so we can have it in our files. We keep it in our files until the lawsuit has been started and the attorneys for the people you have

Category: Keyword Search: accident

1/15/2013
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What is the Purpose of a Deposition?

A deposition is nothing more than a question and answer session given under oath. It is pretrial testimony.

Category: Keyword Search: accident

1/5/2013
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The Threat of Taking a Verdict in a Medical Malpractice Trial Here in the State New York

Every trial lawyer you speak to who handles medical malpractice, accident cases or wrongful death matters here in New York will tell you they have no hesitation to taking a verdict in a case that goes to trial.

Category: Keyword Search: accident

10/8/2012
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NYPD police car hit and killed a man. Dead man was then billed for the car damage

27-year-old Mr. Tamon Robinson was an employee working as a cashier at a muffin shop. To supplement his income, he “dug up cobblestones and sold them to scrap dealers.”

Category: Keyword Search: accident

9/25/2012
Gerry
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Settlement Offers; I Recommend It, You Reject It. What Happens Next?

It happens once in a while. The defense wants to negotiate. They make a very good settlement offer. The client decides it's not acceptable. What happens next?

Category: Keyword Search: accident

4/30/2012
Gerry Oginski
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You Broke Your Leg Going Upstairs at Your Friend's House; Turns Out, Stairs Were Not Built Correctly- Can You Sue in NY?

The short answer is "Yes." The longer answer is still yes, but I already know what you're going to say... "He's my friend..." "I can't sue him...what will his family think if I bring a lawsuit?"

Category: Keyword Search: accident

3/3/2012
Gerry Oginski
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Lawsuit Over Grandma's Death in 2010 Blizzard

Another lawsuit has been filed against the City of New York for its lackadaisical response to the 2010 blizzard. Its cleanup and emergency efforts have been roundly criticized from the very beginning.

Category: Keyword Search: accident

11/16/2011
Gerry Oginski
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Fall from Bed Paralyzes Fordham College Student

In February of this year, Fordham University student, Kei Usami, fell from his upper bunk bed in the middle of the night and was left paralyzed due to a spine

Category: Keyword Search: accident

8/27/2011
Gerry Oginski
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Teen Driving-Distraction is Greatest Factor For Teen Driver Crashes

A new study of New York State driving records blames distraction for causing the most young driver crashes. In 2007 and 2008, the leading cause of crashes for

Category: Keyword Search: accident

8/25/2011
Gerry Oginski
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Bicycle Law Develops Niche in NYC

The New York Times is reporting on a handful of lawyers in the city, who are working to fight what they believe are improper summonses leveled against cyclists,

Category: Keyword Search: accident

8/24/2011
Gerry Oginski
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$6 Billion in New York City Tort Payments over 10 Years

The New York Post is reporting this week on an analysis of New York City comptroller records, which tell of $6 billion that the city managed to pay out

Category: Keyword Search: accident

6/22/2011
Gerry Oginski
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Two Car Accidents Plague Long Island Tuesday

Long Island suffered a difficult road day on Tuesday, sustaining two accidents, as reported by a Newsday rundown. The first crash occurred just after noon, at

Category: Keyword Search: accident

11/13/2010
Gerry Oginski
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You Do a Google Search-Why Does Your Name Show Up on a Personal Injury Lawyer's Website?

You're online looking for information and you decide to do a Google search for your name. You see a lawyer's website with your name on it and you can't understand why your name would be on a lawyer's website, so you click on it. What do you find? You may see your name mentioned in a sentence about an accident you were in. Buy you still ask yourself, "Why would my name show up on a lawyer's website?" There are a few reasons why, but let me tell you the most likely reason:

Category: Keyword Search: accident

11/7/2010
Gerry Oginski
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Elevator Accidents in New York

Most people fail to realize that elevators are mechanical pieces of equipment. We take for granted when we walk into an elevator and push a button that it is going to take us to our destination without fail. However, that is not always the case. There are instances when the elevator will miss level causing someone to trip into the elevator or to fall out of the elevator from an elevated platform.

Category: Keyword Search: accident

7/26/2010
Gerry Oginski
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Residents Performing Unsupervised Operations

What happens when doctors-in-training perform surgery unsupervised? Think it doesn't happen? Think again. As more hospitals cut back on expenses, training and personnel, who do you think suffers the most? The nurses? The technicians? The doctors? Wrong. The patient suffers. Read the article to learn why.

Category: Keyword Search: accident

3/14/2010
Gerry Oginski
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Retained Lap Pad-Patient Needs 2nd Surgery To Remove

I questioned a nurse last week in a case where a sponge was left inside a patient during gynecologic surgery. She was a "scrub nurse" who assisted the doctor with instruments. It was her obligation, together with the "circulating nurse" to keep track of how many instruments were used; how many needles were used, and how many sponges or lap pads were used.

Category: Keyword Search: accident

1/10/2010
Gerry Oginski
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Ambulance Chasers

Do you still think that personal injury attorneys are "Ambulance Chasers?" Personal injury and medical malpractice lawyers earn a living by helping injured victims recover compensation. Read the blog post to see what might happen if there were no trial lawyers around to help someone injured by another person's carelessness.

Category: Keyword Search: accident

8/30/2009
Gerry Oginski
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An out-of-work chef was told he needed his gallbladder taken out. It was going to be done laparoscopically. It was "routine." The healing time was minimal and there was no need for an extended hospital stay. The doctors call this procedure a 'laparoscopic cholescystectomy'.

Shortly after the surgery my client started having significant abdominal pain. Calls to the surgeon's office brushed off the his complaints as 'normal post-operative pain'. After two weeks of unremitting belly pain, the patient was told to go to the closest emergency room. An MRI and CT scan revealed the patient needed emergency surgery right away to explore what was going on in his belly.

After surgery at a different hospital, the surgeon told the patient that his common bile duct had been clipped off during the original surgery. As a result, bile continued to back up causing significant pain. During the emergency surgery, the patient required a 12 inch massive abdominal incision so the doctors could explore his entire belly. He also required drains for more than six months sticking out of his abdomen.

The common bile duct should never have been clippped off during the gallbladder removal. The fact that the surgeon failed to recognize it, is a departure from good medical practice. If he had recognized the misplacement during surgery, the clip could have been removed and properly placed.

This surgeon's carelessness resulted in significant pain and the need for emergency surgery for this patient and almost a year of recuperation. 

Category: Keyword Search: accident

8/4/2009
Gerry Oginski
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The New York Times reported today that the horrific crash involving a woman who drove the wrong way on the Taconic highway in Westchester, New York, kill herself, her two year old daughter and three nieces, together with three men who were driving the correct way, was caused because this woman was drunk at the time of the accident.

Reading this article, you can't help but wonder how someone could do this to her kids, her brother's kids and to unsuspecting drivers going about their business. It's just shocking and absolutely stunning. The autopsy reported a blood alcohol level of 0.19 and that it was fresh, with some alcohol still remaining in her stomach. 

Investigators couldn't figure out what would have caused this woman to cause such a tragedy. Now, we know that it was her own decision to drink and drive causing the needless deaths of seven people and herself.

Negligence is carelessness. The facts, as reported in Newsday and the New York Times would clearly suggest that these deaths were caused by this woman's carelessness. What a tragedy. My heart goes out to their families.

Read the full article here. 

Category: Keyword Search: accident