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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.


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1/13/2014
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Just because a young doctor graduated medical school and has a license doesn't mean he knows what he's doing.

Just because a young doctor graduated medical school and has a license doesn't mean he knows what he's doing.

Category: Medical Malpractice

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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: Birth Injuries

12/23/2013
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Girl Dies After Pharmacist Refuses to Give EpiPen

Girl Dies After Pharmacist Refuses to Give EpiPen

Category: Wrongful Death

11/28/2013
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Faxed Medical Records Allowed Me To Prove Doctor Was Lying

Two days after the patient last saw her surgeon, she asked for a copy of her medical records. She wanted to go to another doctor. The doctor faxed the patient

Category: Surgical Mistakes

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

Category: General

8/29/2013
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Excellent Protocol for Heart Valve Issues

Bloomberg states, “People with damaged mitral valves, which allow blood to flow backward in the heart, live longer and healthier lives if they get immediate surgery to repair

Category: Misdiagnosis and Failure to Diagnose

8/29/2013
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Saving Premature Babies

According to BBC, “Every year more than 20 million babies are born prematurely or with low birth wait- and an estimated 450 of them die each hour.” New studies show that

Category: Medical Malpractice

8/24/2013
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Woman Kills 3 Kids Then Demands Share of Wrongful Death Settlement Proceeds

A woman killed her three little kids by drowning in 2008. She then tried to commit suicide by drinking toxic chemical such as bleach, Oxiclean and other lovely cleaning solutions.

Category: General

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

Category: General

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

Category: Medical Malpractice

7/28/2013
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FDNY 911 Operator "My Life is Hell"

In today's New York Post, a 911 operator gives a brutally honest an in-depth look as to what it's like working as a 911 dispatch operator in one of the busiest emergency call centers in the country.

Category: General

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.

Category: Medical Malpractice

7/12/2013
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When It Comes To CT Scans of Lungs, Doctors Should Take A Deep Breath

CT scans are known to be effective at finding pulmonary embolisms - sudden blockages in the arteries of the lungs. But according to The New York Times

Category: Medical Malpractice

7/8/2013
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Tort Reform Sounds Reasonable, But It Could Cost Victims Dearly; NY Post Article Cries Out for Changes in Accident Law

New York’s law on “joint and several” liability was taken to task by The New York Post in an opinion piece this weekend, which called for tort reform.

Category: General

6/20/2013
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Big Pharma May Be Inducing For-Profit Dialysis Centers to Prescribe Riskier Drugs

For-profit kidney dialysis centers use more dangerous and expensive drugs than their non-profit counterparts, according to a study by the Journal of the American Medical Association.

Category: Medical Malpractice

6/18/2013
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New York’s Highest Court Passes on Opportunity to Allow Medical Malpractice Victims to Sue for Their “Loss of Chance” of Recovery

The case that brought this question before the court involved medical personnel who improperly inserted a breathing tube and perforated an elderly woman's esophagus.

Category: Medical Malpractice

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: Medical Malpractice

4/2/2013
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Risks of Laparoscopic GYN Surgery

Our medical experts tell us that injuries can occur upon insertion of a needle when beginning laparoscopic GYN surgery. If the surgeon fails to timely recognize and treat that injury,

Category: Surgical Mistakes

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: Medical Malpractice

3/20/2013
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Why would a medical malpractice and personal injury lawyer fire a client?

You might think that the client is the only one who can fire the attorney. Well actually the reverse is also true. The attorney can actually fire the client. However the mechanics of doing that

Category: General