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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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3/28/2013
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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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11/8/2012
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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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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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10/27/2011
Gerry Oginski
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How Not to Die From Gall Bladder Surgery; Miami Medical Malpractice Lawyer Explains

Laparoscopic Cholecystectomy, or "Lap Choly," is a procedure performed to treat patients who may have a gallstone in the gallbladder, bile duct or inflammation

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10/16/2011
Gerry Oginski
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Kidney Dialysis Leads to Bloodbath & Death

You would think going to dialysis is a routine thing. You have to go every other day to “wash your blood” of contaminants. Your kidneys are not working well

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5/23/2011
Gerry Oginski
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6 Year Old Boy Dies at Dentist Leads to $5M Lawsuit

A $5 million wrongful death lawsuit has been filed against a dental clinic that is accused of improperly applying anesthesia to a 6-year-old boy one year ago.

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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

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3/22/2011
Gerry Oginski
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292 Foreign Objects Left Inside of Patients 2008-2009 in New York

You might be wondering how it’s possible for a doctor to leave a surgical instrument inside your body and not realize it.

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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.

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1/16/2011
Gerry Oginski
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Cataract Surgery Nightmare; Woman Loses Vision in One Eye

Cataract surgery is supposed to make you see better. Unfortunately, when doctor recommends having surgery you don’t need, the outcome can be life-altering.

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