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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.


12/29/2014
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When searching for a NY Accident Attorney Always Look For

You may ask yourself what guarantee I was referring to in the headline of this article. That's a fair question. The guarantee has nothing whatsoever to do with

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12/26/2014
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Will NY Medical Malpractice Attorney give you guarantee?

Do doctors give you a money-back guarantee if their treatment doesn't work? Have you ever seen a surgeon offer a money-back guarantee if surgery doesn't work?

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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.

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8/24/2013
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Can a Lawyer Accept a "Friend" Request from a Juror on Facebook During a Trial?

During a trial in a medical malpractice case, an accident case or even a wrongful death case, the only time an attorney can talk to jurors is in court and only through testimony

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8/5/2013
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Deadly Heart Surgeries for Babies

Waylon has a condition called hypoplastic left heart syndrome, which means the left side of his heart is malformed to the point that it can’t pump blood. If he had been born

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7/15/2013
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Man Dies at Coney Island Hospital after Blood Transfusion Error

A man died at Coney Island Hospital last week after receiving the wrong type of blood during a blood transfusion. He was only forty years old.

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7/12/2013
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When It Comes To CT Scans of Lungs, Doctors Should Take A Deep Breath

CT scans are known to be effective at finding pulmonary embolisms - sudden blockages in the arteries of the lungs. But according to The New York Times

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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.

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6/18/2013
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Doctor Asserts that Near Misses of Medical Malpractice Should Be Teachable Moments

Dr. Danielle Ofri, now a professor at New York University School of Medicine, describes her error as a “near miss.” An elderly patient with dementia was sent to

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4/2/2013
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Risks of Laparoscopic GYN Surgery

Our medical experts tell us that injuries can occur upon insertion of a needle when beginning laparoscopic GYN surgery. If the surgeon fails to timely recognize and treat that injury,

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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.

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2/5/2013
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What happens when your treating doctor won't come to court as your expert in your medical malpractice case?

When you bring a medical malpractice case in New York, we are required to support your claim with expert medical testimony. That means a medical expert must come into court to testify

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12/14/2012
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What is a collateral attack on an expert medical witness in a New York medical malpractice trial?

When a medical expert takes the witness stand, his credibility is everything. If I can show that he has less than perfect credibility, I can make an argument to the jury that he should not be believed.

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11/17/2012
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Patient Dies of Sepsis When Feeding Tube Put Back in Wrong Place

The feeding tube was removed and cleaned out. Unfortunately for this patient, when the tube was reinserted, it was not put back into the correct position.

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11/10/2012
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How to Conduct a Great Deposition

A great deposition happens when you do not argue with the defense attorney. You might ask yourself how that is even possible. It's entirely possible if you

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11/7/2012
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NYC Woman Jumps Into Apt. Trash Compactor To Get Into Her Apartment

She devised a plan where she would slide into the trash chute which would allow her to gain access to the basement of the building. Once she got in the basement, she would go through the cellar and enter the building’s garden,

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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?

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9/6/2012
Gerry Oginski
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Who is "The Best" Medical Malpractice Lawyer in New York?

The big dilemma for most injured victims who are searching for “the best” medical malpractice lawyer to handle their matter is how do you choose among a field of many qualified lawyers who all have similar experience?

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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?"

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3/4/2012
Gerry Oginski
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Informed Consent; "How Much Do You Know Before Your Surgery?"

John was having significant belly pain. He was doubled over. He couldn't go to the bathroom, thinking it was gas. His pain was getting worse. Still he thought it was gas pain. Finally, he decided it was wise to go to the emergency room. He was going to drive himself but realized that would be impossible.

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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.

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12/20/2011
Gerry Oginski
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MD fined $10,000 for charging $66 fee

A fire department surgeon was hit by the state with a $10,000 penalty of for refusing to charge only $.75 cents per page for copying costs.

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