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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.


3/14/2018
Gerry Oginski
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The $6 Million Check Finally Came In- A Cardiac Nightmare

The long-awaited check finally came in. It sat on my desk along with a cover letter saying “Here is your check.” I stared at it. It had a lot of zeros.

Category: Keyword Search: malpractice

5/9/2016
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Atrial fibrillation Drugs May Increase Dementia | NY Lawyer

People need regular blood tests to make sure their warfarin levels are in the therapeutic range. New York Medical Malpractice Attorney shares insights

Category: Keyword Search: malpractice

11/2/2015
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Medication Errors During Surgery

The mistakes included drug labeling errors, incorrect dosing, drug documentation mistakes, and/or failing to properly treat changes in a patient's vital signs

Category: Keyword Search: malpractice

8/31/2015
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Sleepless Surgeons; Does it Affect Surgical Outcomes?

The study surprisingly showed that the risk of death or complications after surgery was no more likely if the surgeon pulled a midnight shift before

Category: Keyword Search: malpractice

6/13/2015
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Surgical Safety Studies

How safe is surgery today? More importantly, how common are surgical errors?

Category: Keyword Search: malpractice

5/24/2015
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Pre-Surgery Education Lacking for Patients

Positive correlation between patient education and post-surgery outcomes is good news for patients and has significant implications for healthcare providers

Category: Keyword Search: malpractice

5/19/2015
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Misuse of EHR Systems and Medical Errors

Electronic health record technology is meant to reduce likelihood of medical errors throughout the healthcare system, however EHR technology is not error-proof

Category: Keyword Search: malpractice

4/4/2015
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Is it Important to have an Experienced Surgeon?

Experts are urging patients to research their surgeons (to see how many surgeons they have performed and what their fatality rates are) before picking one

Category: Keyword Search: malpractice

4/1/2015
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Botched Operation: Forceps Left in Abdomen

A woman’s surgeon accidentally left forceps in her abdomen after her surgery. Case study in Spain of a retained foreign body during surgery.

Category: Keyword Search: malpractice

3/17/2015
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What are your Chances of Surviving a Risky Surgery?

Experts say the chance of surviving any of four high-risk surgeries can vary by as much as 23 percent depending on what hospital patients use, according to

Category: Keyword Search: malpractice

2/27/2015
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Are New Surgeons Skilled Enough to Operate on You?

Surgery is known to have many risks. What if on top of the risks that surgery already poses, your surgeon did not have enough training? A new report shows that

Category: Keyword Search: malpractice

12/24/2014
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"It's a Known, Recognized Risk of Surgery," the Surgeon Said

The fact that a patient signed a consent form that has preprinted information saying that there are risks of surgery, is not a license to the doctor to violate

Category: Keyword Search: malpractice

12/9/2014
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Where should you go if you have problems after surgery?

Research shows that patients who go back to the same hospital where their surgery took place have a higher survival rate than patients who go elsewhere.

Category: Keyword Search: malpractice

7/24/2014
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Surgeon tells me he wants out of this lawsuit

The surgeon wanted nothing to do with defending this lawsuit. He didn't want to appear for a deposition. He didn't want to go to trial. He wanted to treat patients

Category: Keyword Search: malpractice

1/5/2014
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Baby in Texas Dies After Forceps Delivery Suffering Skull Fracture and Spine Fracture

Baby in Texas Dies After Forceps Delivery Suffering Skull Fracture and Spine Fracture

Category: Keyword Search: malpractice

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

Category: Keyword Search: malpractice

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.

Category: Keyword Search: malpractice

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: malpractice

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: malpractice

5/12/2009
Gerry Oginski
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You think you're the victim of wrongdoing by a doctor or hospital.

You don't know any lawyers personally.

You don't have any friends who know a good medical malpractice lawyer.

What can you do to find a good medical malpractice lawyer?

Here are your options:
1. Look in the yellow pages
2. Watch daytime TV and wait for the loudest TV commercial screaming "HAVE YOU BEEN INJURED? IF SO, CALL ME."
3. Remember a catchy phone number from a billboard you pass each day on the way to work
4. Look in the classified ads
5. Go online and do a Google search

Let's examine each to see what information you can learn about whether a particular lawyer is right for you.

1. Yellow pages.

Look carefully at each ad to see if you can distinguish one lawyer from another. I've been in practice over 20 years and can't tell one lawyer from another. Yes, one has a full page ad; one has color; one has the total number of years all the lawyers have been in practice; another says they're open 24/7; another says they offer free parking; another says they handle 10 different types of law.

The problem with the yellow pages is that none of the ads give you any information to explain how these lawyers can help solve your legal problem.

2. TV commercials are usually 30 seconds long. They show pictures of crashed cars; sirens in the background; people in an ambulance. So what? How does that explain how they can help you? How do you know if that lawyer is right for you? I can't distinguish one lawyer from another after watching a 30 second TV commercial. How do you know if they've handled cases just like yours? What type of law firm is it- a large firm, a small firm? Who handles your case on a day-to-day basis?

The problem with TV ads is that they don't explain anything. They just shout at you.

3. Billboards: These are even worse than the yellow pages or TV ads. Why? They give no useful information. "Call Me, at 1-800-I SUE FOR YOU" or some other cheesy catch phrase. How can you tell anything about a law firm from a billboard ad? Who are these people? How many cases do they handle? How many lawyers are in their firm? Who handles my case on a day to day basis? Do they give free information in a book or pamphlet?

The problem with billboards is that unless you pass it each day, you're unlikely to remember the number. Even if you do, ask yourself what information that billboard tells you. If you simply switch someone else's name and phone number, can you tell the difference between the two attorneys? If you can't, how can you tell if that lawyer is right for you?

4. Classifieds: Again, like the billboards, these offer zero information. Who searches in the classifieds? Everyone looking for a bargain, or a used car. What information does the classified ad tell you? Nothing, except that "I'm a lawyer and here's my number."

The problem with classified ads is they don't give an injured victim any useful information that will allow them to make an intelligent decision about who to call, and who to hire as their lawyer.

5. Go online: This is the best way to search for an attorney if you don't know one. Do a google search for a medical malpractice lawyer in your State. Go onto YouTube to search for attorney videos. Look at the lawyer's website. Look critically to see what information they offer. Does the lawyer offer free reports on their website? Do they explain how lawsuits work? Do they have free informational books about medical malpractice? Do they have free video tips that help explain the legal process. Do they have more than 10 FAQ's that every lawyer seems to have? If the lawyer has video on their website, look carefully to see what information the attorney provides. Are they simply telling you how great they are, or are they explaining different types of cases they handle? Does the lawyer help you understand what an experienced lawyer looks for when evaluating a case?

CONCLUSION: Only by looking critically at the information an attorney provides online can you begin to make an intelligent decision about which attorney is right for you.

Category: Keyword Search: malpractice