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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.


8/29/2014
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Amazing Advances in Children’s Surgeries

Little boy had his throat rebuilt using part of his own rib. He suffered severe injuries after he swallowed a button battery from a remote control at age one.

Category: Keyword Search: injury

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: injury

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: injury

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: injury

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: injury

5/23/2011
Gerry Oginski
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Children's Motrin Causes Severe Burn Reaction-Lawsuit Alleges; Jury Is Out

A suit against Johnson & Johnson over warnings on Children's Motrin and Children's Tylenol is now awaiting the deliberation of a Philadelphia jury.

Category: Keyword Search: injury

5/11/2011
Gerry Oginski
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Bullying a Cause of Medical Errors; Report on NY Times Op-Ed Piece

An important, yet often overlooked cause of medical errors is workplace bullying, a phenomenon that is tackled in a NY Times weekend op-ed by practicing nurse

Category: Keyword Search: injury

12/27/2010
Gerry Oginski
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Snowblower injury-Man loses four fingers in New York

We had a foot and a half of snow today in New York. Today was the day I was going to try out my brand-new snowblower. For years I had resisted getting a snowblower, believing that shoveling was good for me. Last year we had especially large snowfall and I decided to take the plunge and buy a 22 inch gas powered dual-stage snowblower made by Sears. Before today, I made sure to read the owner's manual twice. I filled the snowblower with gas and tried it out, just to make sure I knew how it operated and how to work the controls. When I awoke this morning I felt like a kid in a candy store. I couldn't wait to go out and play with my new toy. I pulled the snowblower out of the garage and it started right up without a problem. It was actually a lot of fun. I had been using it for about an hour when I decided to clear a path toward the door. We have a thick doormat and apparently I got underneath the doormat and the next thing I knew, I heard an immediate grinding and I shut off the power and propulsion. I turned the machine off and removed emergency key.

Category: Keyword Search: injury

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: injury

4/23/2010
Gerry Oginski
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Physical Therapy You Can Expect to Receive After a Car Accident

An automobile accident is a traumatic experience, one that brings on various mixed feelings. On the one hand you’re grateful to be alive, but on the other you’re wondering how you’re going to cope with the injuries the mishap has left you with. Different accidents give rise to different kinds of mishaps, so your treatment needs tend to vary accordingly. In general, if you suffer broken bones and sprained muscles, you may need surgical care first before moving on to physiotherapy.

Category: Keyword Search: injury

7/7/2009
Gerry Oginski
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I was contacted today by a physician who claimed to do expert witness work for injured victims. He wanted some business. I asked him what his medical speciality was. Instead of a direct answer, he said he'd done consulting for attorneys before, and that if I want, I should go to his website to see what he has done.

I said "No. Tell me what your medical specialty is."
His reply- "Research."
"Are you board certified in any field of medicine?"
"No, but I help attorneys understand their case, and I don't have to be board certified to testify."
I asked, "How can you testify as a credible expert witness if you're not board certified?"
His response: "I do this all the time. I don't really testify. I help explain the case to you so you become more familiar with the medicine."
"What types of cases do you review?" I asked incredulously. "Surgery, pulmonary, cardiac, cancer..." was his reply.

I was amazed.

I then asked why I should hire him, and then have to hire a second expert to testify at trial? I only heard silence on the phone.
I asked again.
"Why should I hire two medical experts; one who reviews the case, and another who testifies?"
His reply was "Because I'm a better teacher."

"But wait," I said. "You still haven't answered my question."
"If I hire a medical expert to spend 5 hours to review medical records, and that expert feels the case has merit, I don't want to hire another expert two years later to review the case starting fresh, and close in time to the trial. That's double the work, and double the money. What do you have to say about that?"

He had no answer.
"But I'm a better teacher," he repeated.
"So are many of the experts I hire. They're clinical doctors with academic credentials who are board certified," I said.
I was getting frustrated talking with this guy.
"What good does it do for my client if you're a good teacher, but you can't come into court to teach a jury that our position is more likely right than wrong?"
His final answer was "I've been doing this for a long time, and you really should see my website."
My final reply was "Have a nice day."

The moral of the story: Don't let your medical malpractice attorney hire a "medical consultant" who does not testify, just to confirm you have a case, and then have to hire a new medical expert during your case. Make sure you hire a board certified expert in the specialty you need to review and to testify."


Category: Keyword Search: injury

2/16/2009
Gerry Oginski
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The failure to recognize that a nerve was being compressed, despite the patient complaining about symptoms of pain, numbness and tingling were ignored during a busy emergency room shift. The failure to perform surgery in a timely manner resulted in permanent damage to the nerve, the arm and hand. This case was settled during discovery and shortly before it was placed on the trial calendar.

Category: Keyword Search: injury