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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.


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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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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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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11/17/2012
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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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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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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

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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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12/27/2010
Gerry Oginski
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Snowblower injury-Man loses four fingers in New York

We had a foot and a half of snow today in New York. Today was the day I was going to try out my brand-new snowblower. For years I had resisted getting a snowblower, believing that shoveling was good for me. Last year we had especially large snowfall and I decided to take the plunge and buy a 22 inch gas powered dual-stage snowblower made by Sears. Before today, I made sure to read the owner's manual twice. I filled the snowblower with gas and tried it out, just to make sure I knew how it operated and how to work the controls. When I awoke this morning I felt like a kid in a candy store. I couldn't wait to go out and play with my new toy. I pulled the snowblower out of the garage and it started right up without a problem. It was actually a lot of fun. I had been using it for about an hour when I decided to clear a path toward the door. We have a thick doormat and apparently I got underneath the doormat and the next thing I knew, I heard an immediate grinding and I shut off the power and propulsion. I turned the machine off and removed emergency key.

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10/27/2010
Gerry Oginski
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Sepsis can impact the elderly-Newsday reports

By its very nature, sepsis is an overwhelming infection that occurs throughout the body. If unrecognized and untreated, it can lead to death. Today's Newsday report discusses research published for the first time saying that sepsis patients had a threefold higher risk for developing cognitive problems such as forgetfulness, new physical limitations and often persistent disability. The article correctly points out that “Unless antibiotics and life support are delivered quickly, the condition can lead to organ failure and death."

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9/7/2010
Gerry Oginski
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Filing Complaints against Hospitals: How to Be an Effective Advocate

Many hospitals consistently provide quality care to their patients, but there are always instances where certain individuals don’t receive the professional attention they deserve. This is to be expected in any business, but in hospitals, the consequences can be more serious and could lead to life-threatening situations. Hospitals also present more difficulty because patients are not always in a sufficiently stable mental or physical state to be their own care quality advocates. The following are steps to be taken by patients or their family members and should serve as a guide to proceeding through the proper channels to achieve fast and effective results.

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9/7/2010
Gerry Oginski
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Spinal Injection Causes Paralysis

One of the few comforts that a patient can rely on when undergoing a major procedure is that they usually get to meet and talk to the doctor who will be performing their operation. When that trust is betrayed, patients have a right to be upset. For example, a man was admitted to a hospital to receive an acrylic injection to his spinal column. The procedure was supposed to help the man with his back pain. The man decided to undergo the procedure after discussing the risks with his doctor. After the procedure, the patient was paralyzed. Apparently the injection was performed incorrectly and the inserted fluid spread to inappropriate parts of the spine. Additionally, the patient found out that the doctor who performed the operation was not the one that he consulted with.

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4/4/2010
Gerry Oginski
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Death From A Ruptured Shunt-NY Medical Malpractice Lawyer Explains

Today's video tip is is about a man who bled to death after undergoing dialysis. This man had been receiving dialysis for about a year or two. And in the week before the fateful day he had been complaining to the nurse and the technician who set up the dialysis equipment that he was having pain in his arm where the equipment would be attached. Dialysis patients have something called an AV shunt, which is a connection between the artery and the vein that resides in the arm. And the nurse or the technician attaches the needle into that shunt in order to filter the patient's blood.

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2/23/2010
Gerry Oginski
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I Can't Believe I Slipped On Ice!

Over the years I have written many articles about slip and falls on snow and ice here in New York. I've had my share of slipping on ice. Today in New York it's a rainy 35° and the ground is covered in certain parts with melting ice. Parking my car in the back of my office building left me on a large patch of ice. Feeling brave and fearless, I eagerly got out of my car and began the short walk to the front door of my building. My black leather shoes had zero traction despite my heel being made of rubber. Unfortunately, the day that I decided to park on a large patch of ice it figures that I was not wearing my snow boots.

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2/7/2010
Gerry Oginski
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Testicluar Torsion

Failure to Diagnose and Timely Treat Can Result in Death of a Testicle

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