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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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2/5/2013
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What happens when your treating doctor won't come to court as your expert in your medical malpractice case?

When you bring a medical malpractice case in New York, we are required to support your claim with expert medical testimony. That means a medical expert must come into court to testify

Category: General

1/15/2013
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Why do we need your Social Security number in a medical malpractice lawsuit in New York?

The reason we ask for it is so we can have it in our files. We keep it in our files until the lawsuit has been started and the attorneys for the people you have

Category: General

1/5/2013
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The Threat of Taking a Verdict in a Medical Malpractice Trial Here in the State New York

Every trial lawyer you speak to who handles medical malpractice, accident cases or wrongful death matters here in New York will tell you they have no hesitation to taking a verdict in a case that goes to trial.

Category: General

12/14/2012
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What is a collateral attack on an expert medical witness in a New York medical malpractice trial?

When a medical expert takes the witness stand, his credibility is everything. If I can show that he has less than perfect credibility, I can make an argument to the jury that he should not be believed.

Category: General

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.

Category: Wrongful Death

11/10/2012
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Failure to Diagnose Breast Cancer; What’s the Key Question When Evaluating a Medical Malpractice Cancer Case?

Patient finds a lump and brings it to the attention of her doctor. The breast lump is examined in the office. From there a number of options can occur.

Category: Misdiagnosis and Failure to Diagnose

11/10/2012
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How to Conduct a Great Deposition

A great deposition happens when you do not argue with the defense attorney. You might ask yourself how that is even possible. It's entirely possible if you

Category: General

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.”

Category: General

9/25/2012
Gerry
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Settlement Offers; I Recommend It, You Reject It. What Happens Next?

It happens once in a while. The defense wants to negotiate. They make a very good settlement offer. The client decides it's not acceptable. What happens next?

Category: General

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?

Category: General

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?"

Category: General

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: Surgical Mistakes

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

Category: Surgical Mistakes

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

Category: Wrongful Death

6/21/2011
Gerry Oginski
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Failure to Timely Diagnose Recurrence of Breast Cancer in NY; Viable Case?

I recently evaluated a failure to diagnose a recurrence of breast cancer case involving a woman who'd been diagnosed with stage IIIB breast cancer.

Category: Misdiagnosis and Failure to Diagnose

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

Category: Medical Malpractice

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.

Category: Medical Malpractice

5/23/2011
Gerry Oginski
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Children's Motrin Causes Severe Burn Reaction-Lawsuit Alleges; Jury Is Out

A suit against Johnson & Johnson over warnings on Children's Motrin and Children's Tylenol is now awaiting the deliberation of a Philadelphia jury.

Category: General

5/21/2011
Gerry Oginski
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Jury Misconduct in Nassau County Results in Arrest in Medical Malpractice Case

A juror has been charged with juror misconduct in a Long Beach medical malpractice case this week. Deonarine Persaud, 53, solicited a bribe from the plaintiff

Category: General

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: Medical Malpractice

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.

Category: Surgical Mistakes

3/16/2011
Gerry Oginski
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Hospital bigwigs earn big bucks while your health insurance premiums skyrocket

Do you think there's any correlation between your ever-increasing health insurance premiums and the fact that hospital administrators are earning millions of do

Category: Medical Malpractice