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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: mistake

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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2/24/2016
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Cardiac Errors - Why Do They Happen | NY Med Mal Lawyer

The infographic asserts that cardiology has underlying vulnerabilities that can put patients at risk of injury by New York Medical Malpractice Attorney

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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.

Category: Keyword Search: mistake

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.

Category: Keyword Search: mistake

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.

Category: Keyword Search: mistake

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

Category: Keyword Search: mistake

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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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

Category: Keyword Search: mistake

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

Category: Keyword Search: mistake

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.

Category: Keyword Search: mistake

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

Can You Trust Electronic Medical Records?

Category: Keyword Search: mistake

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: mistake

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: mistake

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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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: mistake

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

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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: mistake

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: mistake

11/29/2010
Gerry Oginski
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Prostate staging doesn't matter according to recent study

In a report coming out of the University of California, San Francisco, researchers have determined that prostate cancer staging just does not appear to matter after surgery. Staging is used to determine the size of a tumor, such as T1 or T2, as well as the chances that the cancer will recur. Oftentimes, cancer staging helps physicians and patients decide what treatments and options they have following initial surgery.

Category: Keyword Search: mistake

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: mistake