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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.


6/30/2015
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Program Helps Caregivers Under Stress After Errors

Second-victim phenomenon. The first victims of a medical error are patients and their families. However, the second set of victims, the health-care professional

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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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12/12/2014
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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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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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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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4/1/2014
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Pedestrian Hit & Killed By Careless Driver...What We Have to Prove in a NY Wrongful Death Case

Pedestrian Hit & Killed By Careless Driver...What We Have to Prove in a NY Wrongful Death Case

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2/12/2014
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Who is sitting in the back of the courtroom that might influence settlement negotiations?

Who is sitting in the back of the courtroom that might influence settlement negotiations?

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10/23/2013
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Juror falls asleep during trial, what can I do about it?

What is a trial attorney to do when one of the jurors falls asleep during the course of testimony? Can the attorney go over to the juror and wake them up? Can

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8/24/2013
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Can a Lawyer Accept a "Friend" Request from a Juror on Facebook During a Trial?

During a trial in a medical malpractice case, an accident case or even a wrongful death case, the only time an attorney can talk to jurors is in court and only through testimony

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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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7/15/2013
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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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3/30/2013
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The Hazards of Swimming in a Pool Without a Lifeguard

The reality is that there are instances where a hotel or resort MAY be responsible for injuries that occur in and around a pool even though there are signs warning "No Lifeguard on Duty!"

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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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11/9/2012
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Hurricane Sandy Property Damage and Deductibles-What You Need to Know

Years ago, when insurance companies suffered massive losses as a result of natural disasters, they decided to create something known as a “hurricane deductible.” This was designed to get a homeowner to pay substantially more money

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11/8/2012
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Slip & Fall on Snow & Ice in New York

Can you bring a case against a property owner or homeowner if you slip and fall during a snowstorm in front of or on their property? The answer is “maybe.”

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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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Woman who started a fight with McDonald’s employee sues the establishment

Last year, in October 2011, two customers entered a local McDonald’s establishment to order some food. According to a news broadcaster in the video posted within the article, the customers handed over a fifty-dollar bill to pay for their order.

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10/8/2012
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Contaminated steroid injections cause an outbreak of meningitis; NY Times

Millions of American citizens receive treatment for back pain every year. The procedure is quite popular. A steroid drug is injected into the spine, in order to help treat back pain.

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10/8/2012
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NYPD police car hit and killed a man. Dead man was then billed for the car damage

27-year-old Mr. Tamon Robinson was an employee working as a cashier at a muffin shop. To supplement his income, he “dug up cobblestones and sold them to scrap dealers.”

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9/6/2012
Gerry Oginski
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Who is "The Best" Medical Malpractice Lawyer in New York?

The big dilemma for most injured victims who are searching for “the best” medical malpractice lawyer to handle their matter is how do you choose among a field of many qualified lawyers who all have similar experience?

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4/30/2012
Gerry Oginski
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You Broke Your Leg Going Upstairs at Your Friend's House; Turns Out, Stairs Were Not Built Correctly- Can You Sue in NY?

The short answer is "Yes." The longer answer is still yes, but I already know what you're going to say... "He's my friend..." "I can't sue him...what will his family think if I bring a lawsuit?"

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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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11/16/2011
Gerry Oginski
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Fall from Bed Paralyzes Fordham College Student

In February of this year, Fordham University student, Kei Usami, fell from his upper bunk bed in the middle of the night and was left paralyzed due to a spine

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