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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.


2/7/2017
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3 Reasons Why A NY Lawyer Won't Take Your Malpractice Case

If an attorney knows that the maximum he can recover is limited, then in all likelihood he will decline your case. Learn why from an seasoned New York Law Firm

Category: Keyword Search: doctor

9/22/2016
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Returning Back to Doctor You Sued | NY Injury Lawyer

Your treating oncologist failed to diagnose your cancer and now refuses to treat you. New York Medical Malpractice Attorney shares the story.

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5/9/2016
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How prevalent are deadly medical errors | NY Med Mal Lawyer

Scientists from Johns Hopkins found more than 250,000 Americans die due to mishaps every year, as shared by New York Medical Malpractice Attorney

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2/24/2016
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What if doctors said Sorry more often | NY Med Mal Lawyer

Medical errors the third leading cause of death in the United States as shared by New York Medical Malpractice and Trial Accident Attorney Gerald Oginski

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9/24/2015
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What are the True Costs of Diagnostic Errors?

Experts estimate that every person will face at least 1 diagnostic error in their life time. What is the true cost of this? In some cases it is a person’s life.

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8/2/2015
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Recorded Surgeries Could be Future of Medical Malpractice

Researchers at the University of Toronto have developed a surgical “black box” that would track a surgeon’s actions during surgery and record any errors.

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7/18/2015
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Newborn Names Could Reduce Medical Errors

A new study showed that using a generic naming convention increases the risk of wrong patient errors, such as placing orders on the wrong patient.

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6/21/2015
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How to Stop Preventable Medical Errors

JAMA Surgery recently published a study this week looking at surgical never events, including wrong-site surgery, retained surgical items and surgical fires

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6/21/2015
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New Guidelines for Investigating Medical Errors

Millions of patients in the United States fall victim annually as a result of healthcare mistakes. If 2013 research is correct, hospital medical errors are now

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6/16/2015
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Aging Doctors Prompt Call For Competency Tests

Nation’s largest organization of doctors have agreed to spearhead an effort to create competency guidelines in order to assess whether older physicians remain

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5/24/2015
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Important Role of Patients in Ensuring They Receive Good Medical Care

If patient has more than one chronic condition, he is likely to see more than one doctor. A primary care physician can help facilitate the communication among

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5/24/2015
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Almost Half of Pediatric Medical Errors Are Preventable

A tool to prevent medical errors in pediatric inpatients has discovered that almost half of the harms in patient charts were preventable. New study reveals

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4/26/2015
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Harvard Study Shed Light on Public’s View of Medical Errors

Harvard School of Public Health published article based on study on how the citizens of Massachusetts perceive and feel about medical errors in their state

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1/6/2015
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Cruise Line Could be Open to Medical Malpractice Lawsuits

The judges noted that Royal Caribbean doctors and nurse wore cruise line uniforms and were presented as ship employees. Furthermore, the onboard medical center

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10/28/2014
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Possible Downward Trend in Medical Malpractice Payment

According to consumer group, Public Citizen, medical malpractice payments seem to be trending downward, although medical errors continue to be a major problem.

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3/13/2014
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Why a Defendant Doctor Can be Treated as a Hostile Witness at Trial

Why a Defendant Doctor Can be Treated as a Hostile Witness at Trial

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2/26/2014
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Can You Trust Electronic Medical Records?

Can You Trust Electronic Medical Records?

Category: Keyword Search: doctor

11/28/2013
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Faxed Medical Records Allowed Me To Prove Doctor Was Lying

Two days after the patient last saw her surgeon, she asked for a copy of her medical records. She wanted to go to another doctor. The doctor faxed the patient

Category: Keyword Search: doctor

3/28/2013
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Why Some New York Doctors Get Away with Medical Malpractice & Don't Have to Pay a Dime in Compensation

If a doctor screws up and causes you harm, do you think he's going to come right out and tell you he screwed up? Do you think he's going to tell you "Mrs. Jones, I just want you to know

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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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11/7/2012
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Controversial Treatment for Heart Disease; NY Times says slight benefit found

Chelation therapy is an alternative form of treatment used for individuals who have a heart disease. “Chelation therapy involves the infusion of agents that remove metals from the bloodstream.”

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10/10/2012
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Rise in CT scans for children may be harmful to the child’s body; Pediatrics Journal Says

The study observed practices by emergency room physicians across the country, namely the ways in which physicians examine and treat children who complain of belly pain.

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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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6/11/2011
Gerry Oginski
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Why do Upstate Doctors Pay Less for Medical Malpractice Insurance Than Do Downstate Doctors?

A new study by Excellus BlueCross BlueShield has released a report that pegs liability insurance costs for doctors in the New York City area are 3.5 times

Category: Keyword Search: doctor