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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: death

12/23/2013
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Girl Dies After Pharmacist Refuses to Give EpiPen

Girl Dies After Pharmacist Refuses to Give EpiPen

Category: Keyword Search: death

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: death

10/16/2011
Gerry Oginski
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Kidney Dialysis Leads to Bloodbath & Death

You would think going to dialysis is a routine thing. You have to go every other day to “wash your blood” of contaminants. Your kidneys are not working well

Category: Keyword Search: death

5/23/2011
Gerry Oginski
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6 Year Old Boy Dies at Dentist Leads to $5M Lawsuit

A $5 million wrongful death lawsuit has been filed against a dental clinic that is accused of improperly applying anesthesia to a 6-year-old boy one year ago.

Category: Keyword Search: death

2/16/2011
Gerry Oginski
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Surgical Instruments (plural) Left Inside Patient During Surgery

These were not small instruments. These surgical instruments were no supposed to be left inside the patient. Yet for some unknown reason, SIX surgical forceps (clamps) were left INSIDE this hapless patient. A Phillipino man had been a gunshot victim during a robbery in the Phillipines and underwent corrective surgery. He survived and was left with an open wound that was being monitored. Two days later, he was dead.

Category: Keyword Search: death

11/22/2010
Gerry Oginski
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1 out of 7 Medicare Patients Harmed in Hospital

Newsday reported about a new report confimring that 1 out of 7 Medicare patients suffer injury in hospitals. That is an astounding number. Medicare's new chief has called for improving patient safety following that report. In fact, the article reported that 15,000 people per month suffered a complication that contributed to their death, according to the inspector general of the Department of Health and Human Services.

Category: Keyword Search: death

8/10/2010
Gerry Oginski
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Sepsis Misdiagnosis

Most patients do not have any background in medicine and even one’s that do, usually blindly rely on a doctor’s diagnosis and suggested treatment when confronted with a medical problem. But what happens when the doctors get it wrong? What happens when they miss a diagnosis and fail to provide necessary treatment?

Category: Keyword Search: death

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: death

4/4/2010
Gerry Oginski
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Death From A Ruptured Shunt-NY Medical Malpractice Lawyer Explains

Today's video tip is is about a man who bled to death after undergoing dialysis. This man had been receiving dialysis for about a year or two. And in the week before the fateful day he had been complaining to the nurse and the technician who set up the dialysis equipment that he was having pain in his arm where the equipment would be attached. Dialysis patients have something called an AV shunt, which is a connection between the artery and the vein that resides in the arm. And the nurse or the technician attaches the needle into that shunt in order to filter the patient's blood.

Category: Keyword Search: death

4/3/2009
Gerry Oginski
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Q: My mother was in a car accident last week, and already she's gotten letters from lawyers

asking if she's ok, and if she wants a lawyer? Is it ethical for a lawyer to send such a letter?

A: First, I hope she is feeling better. Second, in limited circumstances in New York, it may be

'acceptable' for an attorney to send such a letter to a victim of an accident. However, new ethical rules

say that a lawyer may not send an unsolicited letter to a victim's family within the first 30 days of the

incident.

In any event, the majority of lawyers feel such a letter to a victims' home is demeaning and degrading.

Some lawyers feel this is nothing but a solicitation, which is clearly not permitted in New York. Other

attorneys (the ones who send these letters) feel that it may be their only chance to entice the injured

victim to come to them as a client.

The letter is supposed to only offer them legal assistance and guidance- should they want it. Again, how

do you choose which attorney to use when you're inundated with a flood of letters from different

lawyers promising to help you with your accident claim?

The answer is simpler than you think. Ask yourself why an attorney would even bother to send such a

letter. Are they really that desperate to need to send such a letter? How did they get your name anyway?

I'll tell you how- maybe it came from the tow truck operator who took your car away. Maybe it was

from an ambulance technician. Maybe it was from a police blotter at the police station. (That's public

information that many investigators working for lawyers troll for in various police stations).

Ask yourself another question. Do you let a stranger into your house simply because he says he saw you

need a paint job, and amazingly, he's a painter who is willing to paint your house for a great price? Did

you call him? No. Did you seek out other customers of his to determine if he's reliable and professional?

No. He just showed up while trolling through the neighborhood. Is this the type of painter you want

working on and in your house? I don't think so.

The same rationale holds true for a lawyer that sends you an unsolicited letter following an accident.

What do you know about that lawyer? Probably nothing. Does that mean that he (or she) isn't a good

lawyer? No. But, again, think who you want for your attorney. Does it help knowing that your lawyer

gets many cases this way, by sending out unsolicited lawyer letters hoping that a few unknowing people

will answer the letter? The choice, as always is yours. Make an informed choice.



Category: Keyword Search: death