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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.


6/23/2018
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WHAT IS A NON-PARTY DEPOSITION?

Let’s say you sue your doctor for medical malpractice. You’ve also included your spouse in your lawsuit. The three ‘parties’ to the case are you, your spouse

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1/17/2018
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At Trial, Can You Guess if You Don't Know Answer?

You're not sure of the answer. You want to guess. You want the jury to know you know the answer, but you're really unsure. Can you guess during cross exam?

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6/1/2017
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Suing For Injuries | Negligent Behavior | NY Injury Law Firm

New York Medical Malpractice Lawyer explains why an attorney who intentionally ignores a key weakness in your case is doing you and your case a disservice.

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6/1/2017
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New York Attorney Makes This Argument At Trial | Med Mal Law

Six jurors will have to decide if your doctors wrongdoing caused your injury. If the answer is yes they will decide how much money you are to receive.

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3/31/2016
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Your Doctor's Past History | NY Med Mal Law Firm

This OBGYN who was placed on probation for 40 cases of negligence and incompetence read the CBS report as shared by New York Medical Malpractice Attorney

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4/27/2015
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Benefits of brachytherapy for prostate cancer patients

Researchers reported that patients undergoing low-dose-rate prostate brachytherapy via implanted radioactive seeds survive twice as long as those undergoing

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4/27/2015
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Closer to a Cancer Cure

Cancer arises as a result of mutations in the inherited genes as the body makes new cells to maintain various organs. A recent publication suggests that these

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12/28/2014
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Will Your Clothing Affect the Outcome of Your Trial?

Some injured victims think it's ok to wear whatever they want to court. Some litigants think they don't care what other people think of them and what they wear

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12/12/2014
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Teaching the Immune System to Battle Cancer

According to doctors, the cancer is all about metastatic disease. The primary tumor can be cut out but it’s the metastatic disease the kills patients. That is

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12/12/2014
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Joan River's Wrongful Death Lawsuit-News Media is Wrong

News media report that Joan Rivers' wrongful death lawsuit will seek millions as compensation. They're reporting something that is impossible to know yet.

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11/5/2014
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PARP Inhibitors Could Treat Prostate Cancer

Olaparib was recommended for approval in the UK, in women with ovarian cancer and inherited BRCA mutation; also shows promise in advanced prostate cancer.

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10/8/2014
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Joan Rivers Autopsy Report "Inconclusive"...I say "Nonsense"

News reports indicated that Joan's cause of death according to the medical examiner was inconclusive. I disagree. Cause of death is never inconclusive.

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8/23/2014
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What is Spoliation of Evidence in a NY Car Accident Case?

Careless driver says he wasn't careless. Instead, blames accident on defective brakes. Problem is that he trashed the car and there's nothing left to inspect.

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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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8/3/2013
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Doctors Prescribing Unnecessary Expensive Tests; Study Says...

Doctors are relying more and more on expensive urine tests to ensure that their patients are not taking prescription drugs according to The Times. The article states that

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7/28/2013
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FDNY 911 Operator "My Life is Hell"

In today's New York Post, a 911 operator gives a brutally honest an in-depth look as to what it's like working as a 911 dispatch operator in one of the busiest emergency call centers in the country.

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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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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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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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3/20/2013
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Why would a medical malpractice and personal injury lawyer fire a client?

You might think that the client is the only one who can fire the attorney. Well actually the reverse is also true. The attorney can actually fire the client. However the mechanics of doing that

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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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