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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.


4/1/2014
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Pedestrian Hit & Killed By Careless Driver...What We Have to Prove in a NY Wrongful Death Case

Pedestrian Hit & Killed By Careless Driver...What We Have to Prove in a NY Wrongful Death Case

Category: Keyword Search: careless

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

Category: Keyword Search: careless

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: careless

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: careless

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: careless