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.

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  • Gerry Oginski wins $1.5 Million Verdict in Podiatry Malpractice Case On Friday, July 23, 2010, a Westchester County jury in the Supreme Court of the State of New York determined that my client, Annemarie F. was entitled to be compensated $1.5 million as compensation for injuries caused by a podiatrist during bunion surgery. Her husband, David Flannery was entitled to be compensated $50,000 for his lost services claim. The case involved a claim of a failure to properly perform foot surgery involving my client's bunion on her right foot. It was our claim that the podiatrist removed too much bone during the procedure, and improperly positioned the first metatarsal. As result, this changed the dynamic forces of her foot and forced her to bear most of her weight underneath the second and third metatarsals in her foot. We also claimed that the patient should have had her second and third metatarsals surgically shortened during her first bunion surgery. This would have prevented the problem from arising.
  • Scanning the Dangers of MRI’s Gadolinium Based Contrast Agents Cause NSF Doctors routinely make difficult decisions as to what drugs and substances to give patients and in what circumstances. Patients rely on their doctors to make safe decisions on their behalf. That is why patients become upset when doctors administer substances to patients after the Food and Drug Administration (FDA) identifies such substance as harboring potential health hazards.
  • Kidney Cancer-Losing a case you should have won There are few things more frustrating to a trial attorney than losing a case he should have won. Obviously, there are never any guarantees when taking a case to trial. However, in the recent case involving a failure to timely diagnose kidney cancer resulting in death of a 60-year-old man in Queens County this is exactly what happened. Mr. Liew needed a kidney transplant. The kidney he received had unknowingly had cancer.
  • 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.
  • Retained Lap Pad-Patient Needs 2nd Surgery To Remove I questioned a nurse last week in a case where a sponge was left inside a patient during gynecologic surgery. She was a "scrub nurse" who assisted the doctor with instruments. It was her obligation, together with the "circulating nurse" to keep track of how many instruments were used; how many needles were used, and how many sponges or lap pads were used.
  • 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.
  • Testicluar Torsion Failure to Diagnose and Timely Treat Can Result in Death of a Testicle
  • Settlement Reached at Same Time as Jury Verdict-Result? This medical malpractice case, tried in Kings County Supreme Court, also known as Brooklyn, NY had a bizarre twist. The case involved a man who underwent knee surgery and suffered permanent injury. The first trial resulted in a verdict of $1.5 million. After appeal, the case had to be re-tried. During the second trial, as the jury was deliberating, the parties agreed to settle the case for $150,000. The jury, almost simultaneously announced they had reached a verdict.
  • Failure to Diagnose Aneurysm What is an aneurysm? How does someone fail to diagnose an aneurysm? What are the ramifications of missing a bleeding or rupturing aneurysm? Read the blog post to find out.
  • How to Ask Your Treating Doctor to Be Your Expert in Your Medical Malpractice Case Learn why your treating doctor may be your best expert in a medical malpractice case.