Gerry Oginski is a medical malpractice lawyer who has been where you are and who has helped victims all over New York seek justice and obtain compensation for injuries related to misdiagnosis, failure to diagnose, surgical errors, birth injuries, and much more. Read more to learn about your medical malpractice rights and how to protect them.

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  • Man suffers blindness because of improperly performed surgery-Can't take case A man had surgery to fix a detached retina and is now totally blind. He comes to me asking whether he has a valid case. After talking with him and his wife for an hour I came to the conclusion that there was no possible way I could take on his case. Although he clearly believed that something was done wrong during the course of one or more surgeries I still came to the inescapable conclusion that there was no way to help them. Why not?
  • 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.
  • 1 out of 7 Medicare Patients Harmed in Hospital Newsday reported about a new report confimring that 1 out of 7 Medicare patients suffer injury in hospitals. That is an astounding number. Medicare's new chief has called for improving patient safety following that report. In fact, the article reported that 15,000 people per month suffered a complication that contributed to their death, according to the inspector general of the Department of Health and Human Services.
  • Is this the end of medical malpractice lawsuits in New York? Today, Renal and Urology News reported that five hospitals in New York city would be participating in a $3 million dollar, federally funded program to reduce medical malpractice errors. That's a good start. Here are some of the details. Beth Israel Medical Center, Mount Sinai Medical Center, Maimonides Medical Center, and Montefiore Medical Center will focus their efforts on reducing errors in obstetrics. The fifth hospital, New York Presbyterian Hospital, will focus on the prevention of surgical errors.
  • Is a ruptured appendix evidence of medical malpractice? Appendicitis is the most common acute abdominal surgical condition in medicine, yet there is probably not a single physician in practice today who hasn’t missed the diagnosis at least once. Often that results in “simple” appendicitis becoming a “ruptured” or “perforated” appendix. I have reviewed several such cases which have prompted this review. The appendix is a tubular extension of the cecum, in the right lower quadrant of the abdomen at the beginning of the colon or large bowel. Because of its structure, it acts as a “catch basin” or blind pouch where a variety of bacteria and mechanical obstructions can cause problems. One can think of appendicitis as a boil or abscess. Germs get in, propagate, and cause an infection. If the infected appendix is not removed, it can swell to the point where pressure causes rupture, spilling the infection into the abdominal cavity.
  • 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.
  • Sepsis Misdiagnosis Most patients do not have any background in medicine and even one’s that do, usually blindly rely on a doctor’s diagnosis and suggested treatment when confronted with a medical problem. But what happens when the doctors get it wrong? What happens when they miss a diagnosis and fail to provide necessary treatment?
  • Residents Performing Unsupervised Operations What happens when doctors-in-training perform surgery unsupervised? Think it doesn't happen? Think again. As more hospitals cut back on expenses, training and personnel, who do you think suffers the most? The nurses? The technicians? The doctors? Wrong. The patient suffers. Read the article to learn why.
  • 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.