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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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11/6/2015
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Tapeworms Can Transmit Cancer to Humans

This is the first known transmission of cancer cells from a parasite to a human. This case involves an HIV patient from Columbia who developed multiple tumors

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
11/5/2015
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Should Patients Diagnosed with Early Cancer, DCIS, Treat It?

New study argues that this non-invasive form of cancer is being over-diagnosed and over-treated. This is an argument that has been made by many experts

Category: Misdiagnosis and Failure to Diagnose

Labels: breast cancer cancer dcis ductal carcinoma in situ
11/3/2015
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Scorpions to Help in the Fight Against Cancer

Tumor paint was developed after researchers had a patient who underwent brain tumor surgery which left much of the tumor behind because the surgeon thought

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
11/3/2015
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What does Dense Breast Tissue mean for You?

Statistics show that more than 40 percent of women have dense breasts but many are never told that their form of breast tissue makes cancer more difficult to

Category: Misdiagnosis and Failure to Diagnose

Labels: breast cancer failure to diagnose mastectomies mastectomy recurrence rate
11/3/2015
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What Medicine Should You be Taking This Flu Season, If Any?

Journal of Allergy and Clinical Immunology: In Practice; Looked at the effectiveness of phenylephrine hydrochloride, widely used in over-the-counter treatments

Category: Medical Malpractice

Labels: decongestant drugs over the counter prescriptions pseudoephedrine
11/3/2015
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New Mammogram Guidelines- What you Need to Know

The American Cancer Society’s new recommendations suggest women with an average risk start yearly mammograms at age 45 instead of 40. They also said at 55

Category: Misdiagnosis and Failure to Diagnose

Labels: breast cancer failure to diagnose mastectomies mastectomy recurrence rate
11/3/2015
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Racial Gap in Diagnosing & Treating Breast Cancer

Breast cancer has been less common in black women than in white woman for decades. However, the death rate for black women is much higher.

Category: Misdiagnosis and Failure to Diagnose

Labels: breast cancer failure to diagnose mastectomies mastectomy recurrence rate
11/3/2015
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First Virus Approved to Treat Cancer

Oncologists inject a dose of herpes virus directly into the skin tumor. Herpes virus prefers to infect cancer cells, bursting them into bits. Once the immune

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
11/3/2015
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Genetic Chances of Cancer

All cancer is caused by genetic mutations. A mix of lifestyle and environmental factors are responsible for many harmful changes to DNA causing cells to grow

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
11/2/2015
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What are Odds of Cancer Drug Actually Being a Breakthrough?

Oncologist searched internet for recent news articles about cancer treatment and found that half of drugs dubbed with superlatives hadn’t been approved by FDA

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
11/2/2015
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Constipation Drug Could Improve Survival of Cancer Patients

New research asserts that methylnaltrexone appears to extend survival in people receiving opioid for advanced cancer pain. Methylnaltrexone is approved for

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
11/2/2015
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Possible Cancer Causing Chemicals in Every Day Items

New study found that a group of chemicals commonly used in cosmetics and other personal-care products may stimulate the growth of breast cancer cells at doses

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
11/2/2015
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Cancer Diagnosis Creates Income Loss for Families

The average United States adult diagnosed with cancer will miss five weeks of work in the first year and see total family income decline by 20%.

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
11/2/2015
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Why Immunotherapies Still Don’t Work for Most Patients

Immunotherapy harnesses the body’s immune system to fight off certain cancers.Breakthrough treatments for melanoma and other cancers have shown startling

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
11/2/2015
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Medication Errors During Surgery

The mistakes included drug labeling errors, incorrect dosing, drug documentation mistakes, and/or failing to properly treat changes in a patient's vital signs

Category: Surgical Mistakes

Labels: informed consent malpractice medical negligence negligence risk of surgery surgeon surgery surgical error surgical mistake
11/1/2015
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Breakthrough in Cancer Research

Cell growth is problematic in cancer because cancer cells tend to receive altered messages or the messages to grow or die may be missing. As a result, the cells

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
11/1/2015
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Trained Medical Interpreters Could Reduce Medical Errors

Medical errors are common for patients with limited English proficiency. Errors are especially common when the interpreter is a family member or other untrained

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
11/1/2015
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Cancer Drug Could Also Be Baldness Remedy

Alopecia areata is a condition caused by the immune system’s mistaken attack on hair follicles. The drugs work by suppressing inappropriate immune responses

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
10/21/2015
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New Breast Screening Guidelines

Experts are saying that despite the change in mammogram testing regulations, mammograms are still definitely an important screening tool for breast cancer

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
10/20/2015
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Breast Cancer Changes Haven’t Affected Breast Cancer Deaths

The majority of women diagnosed with DCIS undergo surgery, although there is considerable debate whether surgery is necessary since DCIS sometimes never

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
10/20/2015
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Malaria Vaccine May Lead to Cancer Cure

Researchers found a similarity between placentas and tumor while working on a vaccine for pregnant women who contract malaria.

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
10/19/2015
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Four Types of Bowel Cancer

New research suggests that there are four genetic sub-types of bowel cancer. Researchers hope that adapting treatment to each type will lead to better outcomes

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
10/19/2015
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A Way to Bet on Immunotherapy

Private investor realized that individual investors curious about immunotherapy didn’t have time or expertise to pick individual stocks, but may be interested

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
10/17/2015
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New Study: malaria protein may hold a key for a cancer cure

In recent trial runs experts found that the malaria protein armed with a toxin sought out and absorbed cancer cells. It then released the toxin and

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
10/15/2015
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New study: Possible Higher Risk of Cancer For Taller People

A team of researchers studied the records of 5.5 million Swedish people born between 1938 and 1991. They discovered that the risk of developing cancer increased

Category: Misdiagnosis and Failure to Diagnose

Labels: brain cancer breast cancer cancer cervical cancer failure to diagnose Lung cancer medical malpractice ovarian prostate uterine
Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.