New York Medical Malpractice Blog: Personal Injury Law

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New York Medical Malpractice Blog

Current events in New York Malpractice law, thoughts, opinions, and comments on cases rejected by the author's office.
By Gerry Oginski

Post Frequency: 0.5/day

Last Entry: November 13, 2009 at 12:04:00

How to Choose a Lawyer From a Radio Ad

Posted on November 13, 2009
Fact: You are sitting in your car on the drive home from work listening to your radio. You hear a 15 second commercial for an attorney that blasts their 800 number six times in the space of 15 seconds. The number stays in your head for about 2 1/2 seconds and then you continue paying attention to the road and the music you were listening to...

How to Choose a New York Lawyer From a TV Commercial

Posted on November 12, 2009
Fact: You've been involved in an accident and are now sitting at home recuperating. You turn on the TV to watch min-numbing daytime television (apologies to all those who do this on a regular basis) and notice that there is a lawyer commercial after every single TV break...

How to Choose a New York Lawyer From the Yellow Pages

Posted on November 12, 2009
Fact: You've been injured and need to hire a New York attorney to represent you in your accident or medical malpractice case.Fact: You don't know an attorney, and don't know a family member who knows an attorney.Fact: You decide to look in the Yellow Pages for an attorney...

How to Hire a Great New York Medical Malpractice Lawyer Without Paying a Dime (upfront)

Posted on November 12, 2009
Fact: You have been injured as a result of improper medical care. You are now looking for an attorney to help solve your legal problems. How do you hire a medical malpractice lawyer in New York without having to pay a penny (upfront)?The answer is simpler than you think...

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How To Ask Your Treating Doctor to be Your Expert in Your Medical Malpractice Case

Posted on November 12, 2009
In every medical malpractice case here in New York, we are required to prove your case using a medical expert. The expert must have confirmed that there is wrongdoing; that the wrongdoing caused injury; and that your injury is significant and permanent...

How to Start a Medical Malpractice Lawsuit in New York

Posted on November 12, 2009
If you suspect that you have been the victim of wrongdoing by a doctor or hospital here is what you need to know:The first thing you must determine is whether you were potential case is timely. If your time to bring a lawsuit has expired, there is nothing you will be able to do to obtain compensation through a civil lawsuit in New York...

New York City Lawyers Scolded by Judge

Posted on October 27, 2009
It's bad enough that personal injury lawyers have such a bad reputation. To make matters even worse is when a law firm blows the statute of limitations, get sued by the client for legal malpractice, and then the law firm turns around and sues their former client for expenses on the case...

Inside a New York Medical Malpractice Attorney's Office

Posted on October 25, 2009
In this brief video I give you an inside look at my Great Neck, New York office. (I also have satellite offices in Manhattan, Brooklyn and Staten Island, but wanted you to see where I spend most of my time). This is a never-before seen video of my office...

Frivolous Lawsuits: Where Are They?

Posted on October 23, 2009
"Hey Sam, did you read about the lawsuit where the neurosurgeon operated on the wrong side of the patient's brain?""Yeah. I wonder how a brain surgeon could have made such a simple mistake?"When was the last time that you actually read about a "FRIVOLOUS" lawsuit in the newspaper or one that was reported on TV? Sure there are some stupid lawsuits that should never have been brought; look at the

Moving The Malpractice Debate Beyond ?Caps?

Posted on September 27, 2009
"Insurance expert says patient safety measures could reduce costsFormer University of Connecticut law professor Tom Baker recently moved to the University of Pennsylvania Law School and its prestigious Wharton School of Business to teach insurance.While in Hartford, he rose to become a national expert on the impact of medical malpractice litigation on physicians? insurance costs ? and on the

New York Times Reports Medical Malpractice System Breeds More Waste

Posted on September 24, 2009
An interesting article by DAVID LEONHARDT in Tuesday's NYT attempts to balance the arguments on both the left and the right regarding medical malpractice. Some of the more noticeable points are worth mentioning:"...the current system appears to treat actual malpractice too lightly...

Don't Believe The Hype: Medical Malpractice Tort Reform is Not What Americans Want

Posted on September 21, 2009
Philadelphia trial lawyer Maxwell Kennerly hits the nail on the head by scouring through the actual survey that was conducted that leads a reader to conclude that 83% of people surveyed want tort reform.It's important that you read the actual question that people were asked in order to truly understand the fallacy behind the study and the conclusions the writers wants you to reach...

Lawsuit Lottery Jackpot!

Posted on September 19, 2009
?Step right up. Just sign your name we?ll enter you into the lawsuit lottery jackpot. Injured in a car accident? Step right up. Injured during surgery? Step right up? Killed by a stray bullet? Step right in. Did you fall and break your leg? No problem, just step right in to our lawsuit lottery jackpot where you?ll have a chance to win millions and live on easy street for the rest of your life.

CNN Reports Today: White House offers medical malpractice initiative

Posted on September 18, 2009
"WASHINGTON (CNN) -- The Obama administration announced a $25 million medical malpractice initiative Thursday as part of its plan to rein in skyrocketing health care costs.HHS Secretary Kathleen Sebelius says 1 percent of health care costs are attributable to malpractive premiums...

Don't Let Them Close the New York Courthouse Doors!

Posted on September 16, 2009
New York's first Constitution of democratic government was passed by the first New York legislature on October 30, 1683. It gave New York citizens a constitutional right to trial by jury in civil cases.In 1691, that right was reasserted in the revived Charter of Liberties of 1691...

Guest Post-How Long Will My Case Take? NY Attorney Jim Reed answers

Posted on August 26, 2009
Today's blog post is from fellow New York accident attorney Jim Reed, located upstate in Elmira. Jim has been in practice for over 23 years and answers a great question that so many accident victims ask when coming into an attorney's office in New York...

Pardon me, but I am not Walmart

Posted on August 18, 2009
I received a call at 7 AM this morning asking whether I was Walmart. I politely told the caller, after rubbing the sleep out of my eyes that she was calling an attorney's office and not Walmart. When I finally awoke, I questioned why this woman would think that I was Walmart...

5 THINGS A NY MEDICAL MALPRACTICE ATTORNEY LOOKS FOR WHEN YOU COME INTO THEIR OFFICE

Posted on August 14, 2009
Have you ever wondered how some cases are eagerly accepted by an attorney and others are not? What are the top five things an experienced attorney looks for when deciding whether to take a case?DOES YOUR STORY SOUND BELIEVABLE?If your story is not believable, an attorney will likely reject your case without ever doing an investigation...

How Much Does It Cost To Hire an Attorney?

Posted on July 26, 2009
All attorneys who handle cases involving accident or medical malpractice in New York handle them on "Contingency." What does this mean? It means that the lawyer receives a fee only if he is successful in getting you compensation for your injuries. His fee is 'contingent' upon you getting money...

Injured Victims, Beware of "Consulting Doctors"

Posted on July 07, 2009
I was contacted today by a physician who claimed to do expert witness work for injured victims. He wanted some business.I asked him what his medical speciality was.Instead of a direct answer, he said he'd done consulting for attorneys before, and that if I want, I should go to his website to see what he has done...

Great Neck Firefighter Saves Cardiac Arrest Victim in Fort Myers, Florida

Posted on July 06, 2009
July 4, 2009At 7 PM on July 4, in Fort Myers airport, Florida my family and I were walking toward the boarding gate of our JetBlue flight 138 heading back home to New York. As we approached the boarding gate, we saw a gate attendant kneeling on the floor next to an elderly man who was clearly unresponsive...

To Autopsy or Not? NY Medical Malpractice lawyer explains

Posted on June 29, 2009
Two nights ago I received a call at two o'clock in the morning from someone whose family member had just died. Looking at the alarm clock I saw an unfamiliar time while I tried to rub the sleep out of my eyes and comprehend what the caller was trying to tell me...

Guest Post: How to Ensure That Your Pharmacist Gets Your Medicine Right

Posted on June 26, 2009
When you don?t feel too well, all you want to do is curl up in bed and forget about the rest of the world. If you?re in pain or a great amount of discomfort, you only want to focus on your misery and just pray that it goes away as soon as possible. It?s all you can do to drag yourself to the doctor?s office and get diagnosed, and when you get home from the pharmacist only to discover that you

I'm Sick of Reading "HAVE YOU BEEN INJURED..."

Posted on June 22, 2009
Every time I see those words on Twitter, or in a blog, or in a website, I cringe."HAVE YOU BEEN INJURED IN AN ACCIDENT? IF SO, CALL THE LAW FIRM OF BLAH, BLAH, BLAH..."Why?Why should an injured victim call the law firm that says the same thing that every law firm says?Does that blog or tweet EXPLAIN why that law firm is right for you?Does that lawyer ad tell you how their knowledge and experience

An Open Letter to President Obama about Medical Malpractice in New York

Posted on June 15, 2009
An Open Letter to President ObamaFrom Gerry Oginski, Esq.A New York Medical Malpractice Trial LawyerJune 15, 2009Dear Mr. President, The New York Times reported today (Obama Open to Reining in Medical Suits, June 15, 2009) that you were considering reining in medical malpractice lawsuits...

"Continuous Treatment" explained by Attorney Lew Bartell

Posted on June 13, 2009
I am pleased to tell you about a new blog I came across written by an old friend, attorney Lew Bartell. His blog titled"Law for the Layman"Turning Legalese into Legal Ease, is a refreshing twist from a typical law-related blog.In his current post he writes about an important legal doctrine known as ?Continuous Treatment...

Medical Malpractice Lawsuits are Not Why Doctor's Insurance Premiums Skyrocket

Posted on June 06, 2009
Newsday reported yesterday that medical malpractice payouts in New York have remained steady for the past two years.Blair Horner of the Public Interest Research Group says that claims by the insurance industry and doctors that malpractice litigation is the driving force behind higher premiums are false...

Evaluating Medical Malpractice Cases-A California Perspective

Posted on May 31, 2009
Evaluating Medical Malpractice ClaimsBy: John BisnarEach year, I receive over 250 requests to evaluate potential medical malpractice claims. Most of these requests appear to have valid claims against a healthcare provider for errors in providing medical services or failure to provide services...

NY Medical Malpractice and Accidents: The Time Has Come For Jurors To Twitter

Posted on May 26, 2009
NY Medical Malpractice and Accidents: The Time Has Come For Jurors To Twitter

The Time Has Come For Jurors To Twitter

Posted on May 26, 2009
The time has arrived for all parties to know what jurors are thinking at any given time.Think about it; in the Olympics we demand immediate information from the judges seeking the score of each contestant. The same is true for any contest. In baseball, when the call is questionable, we go to the video...

A Hungry Heron Waits For Scraps

Posted on May 19, 2009
Today I was on the beach in Naples, Florida watching a fisherman standing on the shoreline throw a small net into shallow water hoping to catch fish.A beautiful slender white bird with a long black beak stood standing patiently only 3 feet away hoping for scraps of fish discarded by the unsuccessful fisherman...

Did Your Lawyer Promise You Your Case Was Worth Millions?

Posted on May 19, 2009
When you first went to your lawyer's office did you ask him how much your case was worth? Did your lawyer tell you not to worry because your case was worth millions?What happened as your case got close to trial? Did he tell you that your case wasn't worth anywhere near what he originally promised you?How did that make you feel?Did you ask why your case was no longer worth the big money that

Judge Allows Twitter and Blog Updates From Inside Courtroom

Posted on May 15, 2009
Criminal defense attorney Auger Hollingsworth reports today about a judge in Canada who allowed the media to use Twitter to report on the non-jury trial currently before the court. That's amazing.I have reported previous cases of people who twittered during trial resulting in mixed results; a mistrial, harmless error and an appeal...

How Does a New York Medical Malpractice Lawyer Prove Your Case?

Posted on May 13, 2009
A New York medical malpractice attorney must be able to prove three things:(1) Liability,(2) Causation and(3) DamagesOK, but what does that really mean?(1) Liability means that we must be able to prove "with a reasonable degree of medical probability" that the doctor or hospital who treated you "departed from good and accepted medical care...

Aren't You Tired of Hearing "Have You Been Injured? If So, call me..."

Posted on May 09, 2009
"HAVE YOU BEEN INJURED? IF SO, CALL ME."Here's my question: Why? Why should I call you instead of the thousands of other lawyers in New York who say the same (stupid) thing. How does that phrase help an injured victim differentiate one lawyer from another?The answer: It doesn't...

Enclosed Is Your Check For $1 Million Dollars

Posted on May 08, 2009
Two days ago I received this letter:"Dear Mr. Oginski, Enclosed is your check for $1,000,000. This represents the full and final settlement of this action."Looking at this remarkable check, I couldn't help but think how useful this will be for my client who suffered permanent and irreversible injury due to medical wrongdoing...

Colonoscopy Perforation Results in $12 Million Verdict

Posted on May 05, 2009
The Chatanooga Free Times reported that a woman undergoing colonoscopy suffered an unrecognized perforation. Later that day, she was throwing up and called the doctor's office. Her doctor prescribed her anti-nausea medicine instead of bringing her back into the office or sending her to an emergency room...

New York Injury Times-May 09' Newsletter Just Released

Posted on April 29, 2009
In this 12 page newsletter you'll learn about Gerry's new book, "Doctors Gone Wild." Learn how medicare and medicaid can ruin your accident lawsuit. Find out how Twitter and Facebook led to mistrials in recent lawsuits. Read about a juror in New York who was Twittering during the jury selection process...

Excellent Blog Review by fellow NY Personal Injury Lawyer John Hochfelder

Posted on April 28, 2009
I am thrilled to post an excellent legal blog review (known as a blawg) by fellow New York personal injury lawyer John Hochfelder. Here is an excerpt of his review where he graciously included my blog among three for New York medical malpractice attorneys he would have turned to had he needed our advice...

ATTENTION all Medical Malpractice Trial Attorneys

Posted on April 24, 2009
For medical malpractice trial attorneys like myself who wonder what jurors are thinking and what they're doing before entering the jury room, here are exact twitter messages from one twitterer waiting to be picked as a juror in New York:"Heading to jury duty - limited blogging...

In Case of Death-NY Trial Lawyer Publishes New Book

Posted on April 21, 2009
In this new book you?ll learn learn how a wrongful death lawsuit in New York works. You'll learn how much time you have to file a lawsuit for wrongful death, how much time you have to file a claim against the New York City Health and Hospitals Corporation and the City of New York...

Neurosurgeon Offers Tips on How To Avoid Malpractice Suits

Posted on April 20, 2009
HOW TO AVOID MALPRACTICE SUITSWhat you don't do to head off malpractice claims can be as critical as what you do.Dr. Segal, a neurosurgeon, offers refreshing advice for doctors in this month's Medical Economics. He gives important practice advice that all physicians should pay attention to...

Doctors Gone Wild-An Insider's View of Medical Malpractice in NY

Posted on April 20, 2009
Gerry's new book, DOCTORS GONE WILD, is an insider's view of medical malpractice cases here in New York. Reading this book you?ll learn 10 Reasons Why You Shouldn't Sue Your Doctor. You'll learn about a Urology Disaster, a Dental Implant Nightmare, a botched breast reduction surgery...

A Lawsuit For Every Calamity

Posted on April 16, 2009
You can't avoid reading about different lawsuits every day. Open Newsday, The New York Times, The Post, the Daily News and you'll see many stories about people suing Cities, hospitals, negligent drivers, incompetent police, employers for sexual harassment and the list goes on and on...

Facebook Juror May Cause Mistrial in the Bronx

Posted on April 08, 2009
Newsday reported today that a juror on a criminal case attempted to "Friend" a witness in the case of two firefighters who died trying to escape a Bronx firetrap. Don't these jurors realize what they're doing?According to the article written by Kathleen Kerr, one juror tried to communicate with a witness by suggesting that they keep in touch on Facebook after the trial was over...

Medicare Can Ruin Your Accident Lawsuit- Find Out How

Posted on April 06, 2009
Did you know that if Medicare pays for medical care that you received because of someone else's wrongdoing, and you then bring a lawsuit seeking compensation for your injuries, Medicare has a legal obligation to make you repay them?Let me repeat that and explain...

Attorneys Sharing Fees-Court of Appeals Decides

Posted on April 01, 2009
Here's the scenario:Lawyer 1 is hired by an injured victim. Lawyer 1 then hires lawyer 2, a trial lawyer to handle the case as "trial counsel." During the litigation process lawyer 2 recognizes that he needs help to try the case and lawyer 2 then hires lawyer 3...

Emergency Room Doctor Compliments NY Medical Malpractice Lawyer

Posted on March 29, 2009
Emergency room physician Chuck Pilcher offers this nice comment about my videos and an article I wrote about questioning doctors at their deposition:"Questions to ask. Questions you might be asked. Depends on which side you?re on.Most plaintiff attorneys know how to ask questions...

Twitter, Facebook & Internet Lead to Mistrials

Posted on March 18, 2009
Well it finally happened. A lengthy federal criminal trial in Florida resulted in a mistrial after a juror admitted to doing Internet research, despite the judge's instructions not to.Eight weeks worth of trial were wasted because of one juror's failure to follow the court's instructions...

Are You The Perfect Client? NY Negligence Attorney Explains

Posted on March 16, 2009
Every person who calls my office thinks that they are the perfect client.Every person truly believes they have a valid case.Every caller believes their injuries are worth more than the national treasury.From an attorney's perspective, just who is the perfect client?A perfect client is one who is willing to listen...

Should Your Lawyer Pay $500 to Impress You?

Posted on March 13, 2009
Just today I received mail from a company called Elite Lawyers of America asking me to join their organization to promote my success stories. How did they propose to do that? By joining an organization that supposedly restricts its membership to attorneys who have had awards, settlements or verdicts of at least two million dollars...

NY Negligence Cases-Facebook & Twitter Jury Instructions?

Posted on March 02, 2009

Twtitter & Facebook Comments-Can They Be Used Against You in a NY Negligence Trial?

Posted on March 02, 2009

Boating Accident-A Case I Lost at Trial

Posted on February 24, 2009
http://www.oginski-law.com Listen in as Gerry Oginski, an experienced New York personal injury and accident attorney practicing law in Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau, Suffolk & Long Island explains why most attorneys who try cases will lose a case from time to time...

Attention PI & Med Mal Attorneys! Your Clients May Be Looking for a New Attorney

Posted on February 21, 2009
Not a day goes by without getting a call from a disgruntled client asking if I would be willing to take over their case from another attorney.One of the first questions I ask this person is "Why do you want to switch attorneys?"The response is usually one of two possible reasons:1...

$1 Million Settlement-New York Medical Malpractice-Permanent Nerve Injury

Posted on February 16, 2009
A nerve injury went unrecognized while a young man was in the emergency room in a busy hospital here in New York. The patient complained to nurses and the doctor in training that he had pain in his hand as well as tingling and numbness in his arm. Despite these complaints and observations by the emergency room nurse, the patient's condition was not treated until permanent nerve damage had occurred...

Uploaded New Educational Video-Optic Nerve Cut During Surgery-NY Medical Malpractice

Posted on February 16, 2009
Just uploaded a new video that explains how a man who went into surgery to correct fractures in his face wound up losing all of his vision in one eye. Watch the video to see what happened.Listen in as Gerry Oginski, an experienced medical malpractice trial lawyer practicing law in Manhattan, Brooklyn, Bronx, Queens, Staten Island, Nassau & Suffolk explains how a man lost his vision after undergoing corrective surgery to fix fractures around the socket of his eye...

$5.1 Million Settlement-Birth Injury-NY Medical Malpractice

Posted on February 16, 2009
A baby suffered significant and permanent brain injury at birth due to medical negligence that occurred during labor and delivery. This child will need extensive lifetime medical care to help him throughout his life. As this case was about to begin jury selection, specially selected trial counsel was able to achieve a remarkable result for the family of this beautiful baby...

New York Medical Malpractice-Unnecessary Gyn Surgery

Posted on February 14, 2009
Just uploaded a new informative video about a young woman who had a hysterectomy and didn't need one. Find out what the doctor told this young woman would happen if she didn't have her uterus surgically removed. Learn what the pathologist found after the surgery was over...

2 Questions Every New York Medical Malpractice Lawyer Needs To Ask?

Posted on February 05, 2009
A potential client calls the office with a story that rambles on and on. I can't follow the timeline, and I can't determine why this person is calling, and cannot tell what injury they're calling about. As politely as possible, I tell them to stop and list to this two-part question:"What do you think was done wrong that caused you permanent harm?"That question usually stops most callers cold...

Doctor Sues His Lawyer For Malpractice After 124 Malpractice Lawsuits Against Him

Posted on February 04, 2009
You know the phrase, "You can't make this stuff up?" Well, it certainly applies in this story.The West Virginia Gazette reports that Dr. John King, a surgeon who was sued 124 times while on staff at Putnam General Hospital, has sued his previous attorneys...

ANNOUNCEMENT! Gerry Oginski is now a Faculty Member of Solo Practice University

Posted on January 25, 2009

NY Accidents & Injuries- "Why Isn't The Store Responsible For My Injuries?"

Posted on January 21, 2009
I was asked this question today by a very educated man. He knew someone who had walked into a store, gotten hurt while taking something off a shelf, and assumed that the store was totally responsible for the other man's injuries.I asked "Did the store know about the dangerous condition before this man pulled the object off a shelf?""Why is that important?" asked this intelligent young man...

Personal Injury Lawyers called to justify their marketing

Posted on January 04, 2009
Fellow blogger and lawyer Kevin O'Keefe posts a fascinating article about how "I see more and more crap coming from plaintiff's personal injury lawyers who are trying their hand at blogs."He points out that some personal injury lawyers are doing nothing to educate website viewers with what they do and how they can help potential victims...

NY MEDICAL MALPRACTICE-Liability is Clear But Damages Are Not; Learn Why

Posted on November 29, 2008
By Gerry OginskiThe world of a New York medical malpractice lawyer is not black and white. The stories that potential clients come in with are never black and white. Many are shades of grey.Here's what I mean. A child was having a CT scan in a Westchester hospital...

Wal-Mart Stampede in New York-Who's At Fault?

Posted on November 29, 2008
Early morning shoppers on Black Firday, at a Walmart in Valley Stream, NY turned their desire for discounted price shopping into a deadly stampede.The crowd rushed through the Walmart doors without regard for human life or safety. A 34 year old man, Jdimytai Damour was crushed to death in the massive stampede...

NY Negligence Lawyer-The Large Law Firm Trap

Posted on November 26, 2008
THE LARGE LAW FIRM TRAPTHE SEDUCTIONYou suffered a terrible accident. You have been in the hospital for weeks now. Your family is angry that you are now physically disabled. You wonder when, if ever, you'll be able to return to work. Physical therapy is not helping much...

NY Medical Malpractice Trap-Failing To Timely File a Claim; Medical Malpractice Lawyer Explains

Posted on November 25, 2008
NEW YORK MEDICAL MALPRACTICE TRAPYOU MISS THE DEADLINE TO FILE A CLAIMYou're still in the hospital. You were in a municipal hospital in the five boroughs of New York; Brooklyn, Bronx, Queens, New York City and Staten Island. You walked into the hospital for surgery...

Queens Bicycle Rider Hit By Car at a T Intersection

Posted on November 10, 2008
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A DENTAL IMPLANT NIGHTMARE- New York Dental Malpractice Lawyer Explains

Posted on November 10, 2008
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A UROLOGY DISASTER IN NEW YORK; MEDICAL MALPRACTICE

Posted on November 10, 2008
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NY ACCIDENT LAWYER creates Word Cloud Using Wordle

Posted on November 10, 2008
Here's a "Word Cloud" that accumulates in graphic form, the key words in any website. It's a neat little tool. I created a word cloud of my popular website, http://www.oginski-law.com. Take a look. If you want to try it, go to http://www.wordle.net. <a href="http://wordle...

DO NOT READ THIS ARTICLE! NY TRIAL LAWYER EXPLAINS APPLES v. ORANGES

Posted on November 10, 2008
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NY ACCIDENTS-Are you in the 'Zone of Danger'?

Posted on November 10, 2008
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The Straight Truth About Lawyer Advertising-NY Accident Lawyer Explains

Posted on November 10, 2008
Attorney advertising and how to choose an attorney from an ad. <div> </div><div> Ooh, ooh, pick me, No, pick me, yelled the ad in the phone book...

Staten Island Ferry Quadriplegic Award Reduced To $18.3M from $22.9M

Posted on November 10, 2008
Payout to ferry-crash victim cut from $22.9 million dollars to $18.3 million dollars. Judge says ex-Islander, made quadriplegic in accident, should get $18.3M instead of $22.9M Thursday, September 18, 2008 By FRANK DONNELLY ADVANCE STAFF WRITER STATEN ISLAND, N...

New York Medical Malpractice-More Examples of Malpractice

Posted on November 10, 2008
Is it malpractice if a patient has a routine chest x-ray and is told it is normal, only to learn two years later that the x-ray was misread. Had it been correctly read, the patient could have had a minimal surgery to remove the cancer, except now the cancer has spread throughout her entire body...

BROOKLYN MEDICAL MALPRACTICE LAWYER PROVIDES MONTHLY UPDATES TO CLIENTS

Posted on November 10, 2008
Before you hire an attorney in Brooklyn for your medical malpractice matter, ask them this important question: "How often do you update your clients?" Why is this important? Because many lawyers are so busy they do not have time to provide regular written updates to their clients...

They Laughed When I Told Them I m Using a Solo Practitioner

Posted on November 10, 2008
A former client of mine related this story to me recently. It was only after I had settled her case did she tell me what her friends said shortly after she told them she hired a solo practitioner for her injury case. "How can you hire a one-man law firm?" one of her friends asked...

NEW YORK CAR ACCIDENTS- 12 Key Deposition Techniques in a Car Accident Case

Posted on November 10, 2008
Here are 12 key tips to help you question a defendant in a car accident case: 1. Were you taking any medication or non-prescription drugs on the day of the accident? You want to know whether the driver was high on drugs while driving...

Paralyzed Staten Island Ferry Victim Awarded $22.9 Million

Posted on November 10, 2008
A jury today awarded James McMillan $22.9 million dollars as compensation for the devastating injuries he suffered when the Staten Island ferry crashed five years ago. The jury award was advisory only, meaning that the Federal judge who is presiding over the matter will make the final award...

NEW YORK CAR ACCIDENTS-6 REASONS TO SUE THE DRIVER WHO HIT YOUR CAR

Posted on November 10, 2008
You were on your way to work that morning, and never saw him blow past the stop sign without ever slowing down. 1. You can t believe he destroyed your car...

Staten Island Ferry Quadriplegic On Trial in Brooklyn

Posted on November 10, 2008
Evan Torgan, a New York personal injury attorney has given summations in the case of James McMillen, a passenger on the Staten Island Ferry when it crashed killing multiple people. According to news reports in Newsday, The Post and The Daily News, Mr...

New York Medical Malpractice- Failure To Supervise Leads To Re-Breaking Bone

Posted on November 10, 2008
A young man broke his arm while working in a brickyard. He went to an emergency room in a municipal hospital in New York. The emergency room doctor told him he had a fracture and they would set the fracture and put a cast on. The cast would remain on for 6 weeks...

What You Need to Know About New York Lemon Law

Posted on November 10, 2008
Today's blog post is written by Attorney Sergei Lemberg, an attorney who handles lemon law cases. Almost every new car has a couple of kinks that need to be fixed, but after you have a few miles on your new vehicle, you expect it to run like a charm and it should...

Stuff of nightmares: Criminal prosecution for medical malpractice

Posted on November 10, 2008
Read a fascinating article, written by a Board Certified Ob/Gyn who describes two cases where doctors were criminally prosecuted for medical malpractice. It is a recommended read for injured victims to learn why their doctor will, most likely, not be prosecuted for acts of medical negligence...

Top 20 Reasons Not to Bring a Medical Malpractice Lawsuit in New York

Posted on November 10, 2008
1. Nothing was done wrong to you. It goes without saying that if the doctor or hospital did nothing wrong, then you absolutely have no business bringing a lawsuit against them. 2. You did not get hurt. Likewise, if a doctor did not treat you properly, but you did not suffer any injury as a result of that wrongdoing, then you have no business bringing a lawsuit seeking compensation...

New York Car Accident Victim Loses Settlement Money After Government Steps In

Posted on November 10, 2008
Here's a perfect example of a case where the driver of a car who hit a young man crossing the street, did not have enough insurance coverage, leading to insufficient compensation for his injuries: This particular man was in a shopping center crossing the street when he was hit by a car entering the shopping center...

NY MEDICAL MALPRACTICE- Improperly Placed Suture Causes Permanent Nerve Damage

Posted on November 10, 2008
Here's an interesting case I handled recently: It involved a young man who put his arm through a window. He was taken to the emergency room where he was bleeding profusely from cutting an artery. He had a "pumper," with blood spurting and pulsating out like a garden hose...

Wyoming Review Panel Credited With Reducing Lawsuits- But Not in NY

Posted on November 10, 2008
Wyoming has just released a study claiming that special panels of doctors and lawyers who review a malpractice case before it gets started has a definite impact on reducing "frivolous" lawsuits. Read the article below to see how it worked. At the end of the article I'll tell you why this failed miserably in New York...

NY MEDICAL MALPRACTICE-Are Injured Victims Money Hungry?

Posted on November 10, 2008
If you believe all they hype by "tort-reform" zealots, every injured victim is a 'money-hungry, selfish and health-care destroying monster." Contrary to all the hype, practically every single injured medical malpractice victim who walks in my door is just the opposite...

Kings County Hospital-Death in Psych ER

Posted on November 10, 2008
A psychiatric patient died while everyone in the emergency room waiting area ignored her for almost an hour. This psychiatric patient was sent to the emergency room of Kings County Hospital in Brooklyn, NY to wait for an in-patient bed...

NY Bicycle Accidents- Ghost Riders and Why You Don't Want to Be One

Posted on November 10, 2008
I read a chilling article about bicycle accidents today in New York magazine. Every bicycle rider in New York should read this shocking story. It's upsetting and frankly, frightening. The premise of the article is about bicycle riders who have died in accidents in New York City...

A DENTAL IMPLANT NIGHTMARE- New York Dental Malpractice Lawyer Explains

Posted on November 04, 2008
The oral surgeon promised to give a patient a set of perfect teeth. All he needed to do was get 10 dental implants on his upper jaw, and 10 dental implants on his lower jaw. The patient, who never had implants before, agreed. He wanted a beautiful set of teeth...

A UROLOGY DISASTER IN NEW YORK; MEDICAL MALPRACTICE

Posted on November 03, 2008
New York Medical Malpractice Trial Attorney Gerry Oginski explains what happened when a young man went to a urologist to fix a complaint of difficulty urinating:This case involved the improper insertion of stents into his penis causing total destruction of the tube that carries urine from the bladder down into and through the penis...

NY ACCIDENT LAWYER creates Word Cloud Using Wordle

Posted on October 14, 2008
Here's a "Word Cloud" that accumulates in graphic form, the key words in any website. It's a neat little tool. I created a word cloud of my popular website, http://www.oginski-law.com. Take a look. If you want to try it, go to http://www.wordle.net.Click here to see what the Word Cloud looks like...

DO NOT READ THIS ARTICLE! NY TRIAL LAWYER EXPLAINS APPLES v. ORANGES

Posted on October 13, 2008
APPLES v. ORANGESI received a call today from a potential client who was in the middle of an active medical malpractice case in Brooklyn, N.Y. He had an experienced attorney handling his case, yet for some unknown reason, he was calling me to see if I would take over his case...

NY ACCIDENTS-Are you in the 'Zone of Danger'?

Posted on October 10, 2008
I was bike riding today on Glen Cove Road in Roslyn, NY, during a twenty mile ride. While riding with traffic on the extreme shoulder of the road heading South, I was struck with the realization that the cars and trucks driving within two feet of me was totally unnerving...

The Straight Truth About Lawyer Advertising-NY Accident Lawyer Explains

Posted on September 19, 2008
Attorney advertising and how to choose an attorney from an ad.�?Ooh, ooh, pick me,? ?No, pick me,? yelled the ad in the phone book. ?I needed an accident lawyer to find out what I need to do since I was hit from behind last week. I looked in the yellow pages in Brooklyn, and found over 40 pages of lawyer ads...

New York Medical Malpractice-More Examples of Malpractice

Posted on September 17, 2008
Is it malpractice if a patient has a routine chest x-ray and is told it is normal, only to learn two years later that the x-ray was misread. Had it been correctly read, the patient could have had a minimal surgery to remove the cancer, except now the cancer has spread throughout her entire body...

Staten Island Ferry Quadriplegic Award Reduced To $18.3M from $22.9M

Posted on September 17, 2008
Payout to ferry-crash victim cut from $22.9 million dollars to $18.3 million dollars.Judge says ex-Islander, made quadriplegic in accident, should get $18.3M instead of $22.9MThursday, September 18, 2008By FRANK DONNELLYADVANCE STAFF WRITERSTATEN ISLAND, N...

?They Laughed When I Told Them I?m Using a Solo Practitioner?

Posted on September 14, 2008
A former client of mine related this story to me recently. It was only after I had settled her case did she tell me what her friends said shortly after she told them she hired a solo practitioner for her injury case."How can you hire a one-man law firm?" one of her friends asked...

BROOKLYN MEDICAL MALPRACTICE LAWYER PROVIDES MONTHLY UPDATES TO CLIENTS

Posted on September 14, 2008
Before you hire an attorney in Brooklyn for your medical malpractice matter, ask them this important question: "How often do you update your clients?" Why is this important? Because many lawyers are so busy they do not have time to provide regular written updates to their clients...

NEW YORK CAR ACCIDENTS- 12 Key Deposition Techniques in a Car Accident Case

Posted on September 12, 2008
Here are 12 key tips to help you question a defendant in a car accident case:1. Were you taking any medication or non-prescription drugs on the day of the accident?You want to know whether the driver was high on drugs while driving. The natural follow-up is whether he drank any alcohol within 24 hours prior to getting into the car that day...

Paralyzed Staten Island Ferry Victim Awarded $22.9 Million

Posted on September 09, 2008
A jury today awarded James McMillan $22.9 million dollars as compensation for the devastating injuries he suffered when the Staten Island ferry crashed five years ago. The jury award was advisory only, meaning that the Federal judge who is presiding over the matter will make the final award...

NEW YORK CAR ACCIDENTS-6 REASONS TO SUE THE DRIVER WHO HIT YOUR CAR

Posted on September 09, 2008
You were on your way to work that morning, and never saw him blow past the stop sign without ever slowing down.1. You can?t believe he destroyed your car.2.You can?t believe you had to be removed from your car with the ?Jaws of Life? that the fire department uses to open crushed cars...

Staten Island Ferry Quadriplegic On Trial in Brooklyn

Posted on September 09, 2008
Evan Torgan, a New York personal injury attorney has given summations in the case of James McMillen, a passenger on the Staten Island Ferry when it crashed killing multiple people. According to news reports in Newsday, The Post and The Daily News, Mr...

New York Medical Malpractice- Failure To Supervise Leads To Re-Breaking Bone

Posted on September 04, 2008
A young man broke his arm while working in a brickyard. He went to an emergency room in a municipal hospital in New York. The emergency room doctor told him he had a fracture and they would set the fracture and put a cast on. The cast would remain on for 6 weeks...

What You Need to Know About New York Lemon Law

Posted on August 20, 2008
Today's blog post is written by Attorney Sergei Lemberg, an attorney who handles lemon law cases.Almost every new car has a couple of kinks that need to be fixed, but after you have a few miles on your new vehicle, you expect it to run like a charm ? and it should...

Stuff of nightmares: Criminal prosecution for medical malpractice

Posted on August 12, 2008
Read a fascinating article, written by a Board Certified Ob/Gyn who describes two cases where doctors were criminally prosecuted for medical malpractice. It is a recommended read for injured victims to learn why their doctor will, most likely, not be prosecuted for acts of medical negligence...

Top 20 Reasons Not to Bring a Medical Malpractice Lawsuit in New York

Posted on July 25, 2008
1. Nothing was done wrong to you. It goes without saying that if the doctor or hospital did nothing wrong, then you absolutely have no business bringing a lawsuit against them. 2. You did not get hurt. Likewise, if a doctor did not treat you properly, but you did not suffer any injury as a result of that wrongdoing, then you have no business bringing a lawsuit seeking compensation...

New York Car Accident Victim Loses Settlement Money After Government Steps In

Posted on July 25, 2008
Here's a perfect example of a case where the driver of a car who hit a young man crossing the street, did not have enough insurance coverage, leading to insufficient compensation for his injuries:This particular man was in a shopping center crossing the street when he was hit by a car entering the shopping center...

NY MEDICAL MALPRACTICE- Improperly Placed Suture Causes Permanent Nerve Damage

Posted on July 22, 2008
Here's an interesting case I handled recently: It involved a young man who put his arm through a window. He was taken to the emergency room where he was bleeding profusely from cutting an artery. He had a "pumper," with blood spurting and pulsating out like a garden hose...

Wyoming Review Panel Credited With Reducing Lawsuits- But Not in NY

Posted on July 15, 2008
Wyoming has just released a study claiming that special panels of doctors and lawyers who review a malpractice case before it gets started has a definite impact on reducing "frivolous" lawsuits. Read the article below to see how it worked. At the end of the article I'll tell you why this failed miserably in New York...

NY MEDICAL MALPRACTICE-Are Injured Victims Money Hungry?

Posted on July 07, 2008
If you believe all they hype by "tort-reform" zealots, every injured victim is a 'money-hungry, selfish and health-care destroying monster."Contrary to all the hype, practically every single injured medical malpractice victim who walks in my door is just the opposite...

Kings County Hospital-Death in Psych ER

Posted on July 02, 2008
A psychiatric patient died while everyone in the emergency room waiting area ignored her for almost an hour.This psychiatric patient was sent to the emergency room of Kings County Hospital in Brooklyn, NY to wait for an in-patient bed. Importantly, she had been sent down to the emergency room the day before, with someone to watch her...

NY Bicycle Accidents- Ghost Riders and Why You Don't Want to Be One

Posted on June 18, 2008
I read a chilling article about bicycle accidents today in New York magazine. Every bicycle rider in New York should read this shocking story. It's upsetting and frankly, frightening.The premise of the article is about bicycle riders who have died in accidents in New York City...

NY MEDICAL MALPRACTICE- They Missed the Brain Tumor Right in Front of Their Eyes

Posted on June 16, 2008
Here's a case I handled recently-A woman, working as a health aide, was accompanying her 'patient' to the doctor's office. She was in a van that was transporting her and her patient for a routine office visit. On the way, the van was involved in a car accident...

NY MEDICAL MALPRACTICE- Surgeon Cuts Optic Nerve Resulting in Permanent Blindness

Posted on June 16, 2008
Here is an example of a case I handled recently-A man had been mugged and suffered a fracture of the bone surrounding his eye. One of the muscles that controls movement of the eye got slightly stuck in the fractured bone. The result was that he couldn't move his eye past a certain point...

NY MEDICAL MALPRACTICE-Anesthesia Errors Result in Brain Damage

Posted on June 02, 2008
The words we never want to hear "I'm sorry, your loved one has irreversible brain damage..." says the doctor in the crowded waiting room. You blurt out "But how did this happen?" you ask with baited breath, trying to learn the source of your terrible angst...

NY Car Accidents- "Can I Still Sue If I Didn't File A No-Fault Claim?"

Posted on May 26, 2008
The answer is "Yes."No-fault, if filed timely, will allow you to have your medical expenses paid by your own car insurance company. Your insurance company will determine, from their own investigation, who was at fault for the car accident. If they determine that the driver of the other car was responsible, they will seek to be re-paid by the other driver's insurance company for the medical bills and expenses that they paid on your behalf...

NY Accidents- "Is there a maximum amount of money I can recover for my injuries?"

Posted on May 25, 2008
The short answer is no. The longer answer is maybe. How that for lawyer double-speak? But here's what I mean:When you bring a lawsuit to obtain money- to compensate you for your injuries, there are different types of compensation that you look to obtain...

NY Car Accidents- "If I sue the driver of the car that hit me, will he lose his license?"

Posted on May 25, 2008
The answer is no, he will not lose his license. Many prospective clients come into my office with the feeling that because the driver of the other car caused the accident and their injuries that person is obligated to lose their license to drive. Many want "justice...

NY Accidents- "If I'm a teenager in NY, can I bring a lawsuit on my own?"

Posted on May 25, 2008
I've had teenagers call me who have been injured in accidents want to know if they can bring a lawsuit on their own, or whether they need their parents to bring it for them.The simple answer is no. In New York, there is a legal requirement that you need to be at least 18 years old in order to bring a civil lawsuit for injuries you received from an accident or medical malpractice...

NY MEDICAL MALPRACTICE- "If I Sue My Doctor For Medical Malpractice Will He Lose His License?"

Posted on May 25, 2008
The answer is no, he will not lose his license. Many prospective clients come into my office with the feeling that their doctor has offended them. Many want "justice." Many tell me they're not interested in the money, rather, they just want the doctor's license revoked and want to make sure he does not do the same thing to another patient...

NY MEDICAL MALPRACTICE- When is the worst time to be a patient in a hospital in NY?

Posted on May 25, 2008
The answer is July or August of each year. Why? Simple. That's when the new group of doctors in training, called residents, start their training programs. Other professions would call them "rookies." These doctors in training have just graduated medical school, and are now starting their career in their chosen medical specialty...

NY Accidents- Who is watching my kid at the pool?

Posted on May 25, 2008
It's Memorial Day today and I'm sitting at our pool looking around at the new group of lifeguards who watch the pool. The weather is great today and the pool is busier than usual because of the wonderful weather. The kids are off from school and their friends are all in the pool having fun...

New York Medical Malpractice- So You Think You Have A Good Case?

Posted on May 21, 2008
So you think you have a valid medical malpractice case?You think your injuries are worth lots of money?You think you have a 'slam-dunk' case that can't be defended? A 'smoking-gun' that suggests there is no way the doctors or lawyers would try and defend your case?You think that your injuries are so bad that anyone who takes one look at you would pay you every penny you ask for...

Bicycle Accidents In New York- Bicycle v. Car, Who Wins?

Posted on May 21, 2008
You think you know the answer, right? Bicycle versus car. Who wins? The car will win every single time. Why?Because the car weighs thousands of pounds, is made of metal, steel, glass, and is surrounded by material to absorb an impact. A bicycle on the other hand weighs anywhere from 16 pounds for a superlight road-racing bike to 30-40 pounds for a mountain bike...

NY Medical Malpractice-Will Continuous Treatment Extend Time To File Suit?

Posted on May 21, 2008
The Brooklyn Daily Eagle reports today on an Appellate Division, 2nd Department decision involving whether continuous treatment applies to extend the time to file a lawsuit.The case involved a woman who kept returning to a municipal clinic to get her yearly mammograms...

New York Accidents-How Much Money Is Your Injury Case Worth?

Posted on May 21, 2008
Every injured victim that walks into a lawyers office wants to know how much their case is worth. Some don't really care about the money; some want revenge. Some want a driver's license revoked; some want the other driver punished. Then again, some want total and full compensation...

New York Car Accident Attorney-Top Ten Things To Look For When Choosing A Lawyer

Posted on May 21, 2008
Being injured is no fun. Not knowing where to turn, who to trust, and what to do about your medical bills is frustrating.Most people will never need a car accident lawyer. That's good. But there are folks who do get injured because of someone else's fault, and they're the ones who DO need an attorney...

Doctors Admitting Mistakes Takes the Sting Away

Posted on May 18, 2008
Doctors Start to Say ?I?m Sorry? Long Before ?See You in Court?The New York Times reports today that doctors who apologize to injured patients are much more likely to see less lawsuits. This concept is not new, and the VA hospitals have been doing this for years now...

New York Medical Malpractice- The True Cost Of Permanent Injuries

Posted on May 18, 2008
We hear so much about who is responsible for the current climate of medical malpractice lawsuits. However, what we hear so little about is the true cost of the irreparable injuries that medical mistakes and errors create.Here's what I mean-A young man suffered a heart attack and because of the extensive heart damage, he needed an emergency triple-bypass to keep him alive...

What is the "Super Lawyers" magazine that NY attorneys like to see?

Posted on May 14, 2008
Question: What is the "Super Lawyers Magazine" that New York Magazine publishes each year?Answer: It's an advertising bonanza for New York Magazine. The magazine claims that they objectively poll attorneys to see who is the "best" lawyer according to ones' peers...

What is the Martindale-Hubbell attorney directory?

Posted on May 14, 2008
Question: What is the Martindale-Hubbell attorney directory that I hear so much about?Answer: The directory is a legal directory that profiles attorneys. That's it. It basically lists where they went to school, what areas of law the attorney practices, and where they are admitted to practice law...

What is the "Million Dollar Advocates Forum?"

Posted on May 14, 2008
Question:: "What does it mean when a lawyer says they are a member of the MILLION DOLLAR ADVOCATES FORUM?"Answer: It means that they have paid a fee of $400, and filled out a form claiming that they have achieved a verdict or settlement on behalf of a client in an amount of $1 Million dollars or more...

Secret Service Now Going After NY Dentists

Posted on May 05, 2008
In an unusual twist on a "scheme to defraud" customers and clients, the Daily News reports yesterday that a group of three dentists in Queens are being investigated by the Secret Service. The group was called "Select Dental" in Howard Beach, Queens.Typically, the Secret Service investigates matters involving currency fraud and counterfitting, as well as being involved in the protection of the President of the United States...

Medical Malpractice- 5 Reasons Preventing You From Calling a NY Medical Malpractice Attorney

Posted on April 20, 2008
1. You are scared.I don't blame you. Many people who have never needed a lawyer are hesitant to pick up a phone and talk to a total stranger about an accident or medical mistake that has left them with permanent harm. You don't know what the lawyer will say or ask...

Medical Malpractice- 7 Reasons Why Your Case Isn't Good Enough For a NY Malpractice Lawyer

Posted on April 20, 2008
1. Your injuries are not significant.In a medical malpractice case in New York the injuries need to be significant for an experienced lawyer to take on your case. The reason is that these cases are very expensive and time consuming. A lawyer generally puts in the same time and effort on a small case as he will on a large case...

Medical Malpractice- "I don't care what you say...I have a valid case!"

Posted on April 19, 2008
The elderly woman screamed into the phone, "I'm telling you I have a good case," she said. I literally had to hold the phone a foot away from my ear as her voice was excruciatingly loud. "What makes you believe you have a valid medical malpractice case?" I asked...

$5 Million Award for Baby in Jeep Crush Accident

Posted on April 09, 2008
"NEW ORLEANS ? Chrysler LLC should pay more than $5million to a couple whose unborn son was fatallyinjured when their 1999 Jeep Grand Cherokee went intoreverse and pinned the mother to a brick carportcolumn, a suburban jury has found."To read the full article, go tohttp://www...

Medical Malpractice- What is your life worth?

Posted on March 27, 2008
If you asked someone what their life was worth, what would they say?If you asked someone what the value of a wife's household duties were, what would they say?If you asked someone what the value was of a mother who stayed home to take care of her two small children, what would they say?What if you asked someone what the value was of a father, in the prime of his life, to his three children in grade school, what would they say?If someone was earning $75,000 per year and was unable to work for two months, you could easily calculate how much income they lost...

$50 NYLON STRAP FAILURE LIKELY CAUSED NYC CRANE COLLAPSE CAUSING 7 DEATHS

Posted on March 18, 2008
The New York Times reported today that the suspected cause of the horrendous crane collapse in New York City on Saturday, March 15, 2008, was a failure of a $50 nylon strap."A prime suspect in Saturday's East Side crane collapse - a spectacular disaster across two Manhattan blocks that has now claimed seven lives and is expected to cost untold millions - is a $50 piece of nylon webbing that investigators suspect may have broken while hoisting a six-ton piece of steel...

NY Malpractice Victims- Future Medical Expenses- Who Pays? Not the Doctor

Posted on March 07, 2008
The New York Post reported today that the State Assembly Majority announced yesterday that it's considering a dramatic increase in state personal-income taxes that will come down hardest on New York City residents and the key industries that are the engine for economic growth across the state...

MY NY DOCTOR SCREWED UP MY BREASTS- DO I HAVE A CASE?

Posted on January 30, 2008
I receive many calls from women who have breast reduction or augmentation surgery who are unhappy with their results. The same is true for women who have abdominoplasty procedures, also known as 'Tummy Tucks'. The complaints are strikingly the same:"I don't like the way my surgery came out," "The doctor stitched me up too tightly," "I was in the hospital too long," "My wound got infected," "I wanted to be a B cup, but now I'm a C cup," "My breasts are still uneven," "My scars are prominent, and I can't wear a bikini," "The doctor didn't center my nipple when he did my breast surgery...

Injustice - Righting a Wrong - NY Medical Malpractice Lawyer Explains

Posted on January 30, 2008
Have you ever felt that you were wronged? Maybe you noticed it when you went to the store and the cashier didn't give you the right change. Maybe you went to a restaurant, and the waiter failed to bring you what you actually ordered. How about when you went to buy an expensive appliance, and before you had a chance to ask all your questions, the salesman was already ringing up your sale...

Judgment Non Obstante Verdicto - What Is It, And Why Should You Care?

Posted on January 20, 2008
You've just won a hard-fought trial. The jury rendered a substantial verdict and you're happy that you won. Two weeks later the defense asks the trial judge to dismiss your hard-earned verdict and asks for judgment non obstante verdicto. What does it mean and why do you care?Judgment non-obstante verdicto means that the lawyer is asking the judge to reverse the award or judgment despite the award...

How To Get Compensated For Your Injuries Without Hiring a NY Lawyer

Posted on January 20, 2008
1. Know the law.How do you do that? Go to law school for three years. Then take a rigorous written examination that consists of essays and multiple choice questions over two days. Once you complete that, sit before a "Character & Fitness Committee" to see if you have the moral fiber and characteristics to be a good lawyer...

What is "Summary Judgment?"

Posted on January 20, 2008
You think you have a good case. Your lawyer tells you that you have a solid case.Your lawyer tells you that your case has been reviewed by a medical expert who feels that there were departures from good and accepted medical care that caused you permanent harm...

Pain & Suffering - You Think You Have it Bad?

Posted on January 20, 2008
Just what exactly is 'Pain & Suffering'?It's a term we hear often but we don't think much about. When a medical malpractice lawyer describes someone who experienced pain and suffering, it's usually in the context of an injury they suffered because of someone else's wrongdoing...

Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him

Posted on January 20, 2008
THIS IS A TRUE STORYA call came in the other day. A hysterical woman was on the phone. Her husband had died just moments ago. The hospital was in New York City. The woman and her family wanted to know what to do.What to do? I'm thinking that they're calling a malpractice lawyer within minutes of their loved one having died, and they're calling me? Wouldn't they prefer to talk to a lawyer until after he's buried? After a moment of pause, I calmly started my inquiry...

Don't Judges Know Not To Give Gifts To Litigants?

Posted on December 13, 2007
DECISION & ORDERIn an action to recover damages for medical malpractice, etc., the defendants Orlando Gonzalez and Orlando Gonzalez, M.D. P.C., appeal, and the defendant St. Vincent's Catholic Medical Center of New York separately appeals, from a judgment of the Supreme Court, Kings County (Bayne, J...

Car Accidents in NY - 7 Reasons You May Not Want to Sue

Posted on December 07, 2007
In New York, if you were involved in a car accident, there's an excellent chance that you would bring a lawsuit against the driver of the car that hit you. In this article, I explain 7 reasons why you may not want to bring a lawsuit if you were involved in a car accident:1...

2 Questions Every New York Malpractice Lawyer Needs To Ask

Posted on November 26, 2007
A potential client calls the office with a story that rambles on and on. I can't follow the timeline, and I can't determine why this person is calling, and cannot tell what injury they're calling about. As politely as possible, I tell them to stop and list to this two-part question:"What do you think was done wrong, that caused you permanent harm?"That question usually stops most callers cold...

"What Color Was The Light?" Asked The Police Officer

Posted on November 26, 2007
The police officer will usually ask the victim of a car accident, "What color was the traffic light when you were going through the intersection?"If an officer isn't on the scene, an ambulance attendant might ask, or even a good Samaritan checking to see if you're ok...

Medical Malpractice - Why Is Your New York Doctor Afraid To Treat You?

Posted on November 26, 2007
I was in the emergency room with my son one evening, and the emergency room attending physician stayed 5 feet away from my son until he heard why we were there. There was an unspoken feeling that this doctor was afraid to touch my son and was hesitant to come near him until he absolutely had to...

Personal Injury: 5 Reasons Why Your NY Injury Lawyer Will Lose His License

Posted on November 26, 2007
1. He steals your money.2. He steals your money.3. He steals your money.4. He steals your money.5. He steals your money.OK, enough sarcasm. But really, the main reason a lawyer in New York will lose their license is if they do not give you the money you were to receive as part of a settlement or a jury award...

Medical Malpractice - You Walked Into The Hospital But Came Out Paralyzed

Posted on November 26, 2007
"You're in good hands," says the nurse in the office. "Nothing to worry about," says your internist who clears you for surgery."It's a routine procedure," says the doctor who is going to operate on you."Why then is my husband paralyzed after this surgery?" asks a frantic wife to the surgeon...

Medical Malpractice - Your Child's Been Diagnosed With Brain Damage and Cerebral Palsy

Posted on November 26, 2007
You're in labor. Your due date is tomorrow. Your contractions are not that strong and you feel the baby moving. The doctor gives you medicine to increase your contractions, usually known as pitocin. The contractions help ripen the cervix, and also places stress on the baby to 'prepare' the baby for birth...

Dental Malpractice - Pain During Treatment - Do I Have a Case?

Posted on November 26, 2007
A call comes in..."My dentist was doing a root canal on me and caused me terrible pain. The pain continued for days. Do I have a case?"The short answer is no. The longer answer is maybe. Here's what I mean. In any dental malpractice matter, as with any medical malpractice case, a New York attorney must be able to prove not only that there was wrongdoing, but the wrongdoing caused injury, and the injury must be significant and/or permanent...

Medical Malpractice - Injured in a NYC Hospital - How Much Time Do I Have To File A Claim?

Posted on November 26, 2007
You've been injured while in a City-owned, municipal hospital. Not just any hospital in New York City... a municipal hospital. It's extremely important to learn how much time you have to file a claim against the hospital, and how much time you have to file a lawsuit...

Medical Malpractice: NY MD's Malpractice Ins. Premiums- Is $170,000 enough?

Posted on November 26, 2007
Obstetricians and neurosurgeons in New York pay over $170,000 per year, per person, to have medical malpractice insurance. What do they get for their money?When a doctor buys a malpractice insurance policy, they usually get an insurance policy that protects them for that year for up to $1...

Personal Injury: What is "Falsus in Uno?"

Posted on November 26, 2007
"Falsus In Uno" is a term used by a trial Judge in the State of New York to describe what a jury can do if they believe that a witness has lied about one fact in the trial. Here's what I mean...Let's say a witness has testified about her past employment history and goes for a job interview...

Medical Malpractice: Your Case Is On The Trial Calendar-Can Defense Lawyers Talk to Your Doctor?

Posted on November 26, 2007
Your New York attorney has notified the Court that your case is ready for trial. It's been two years since you started your medical malpractice lawsuit in New York. You must now wait months before being notified by the Court that jury selection is to start on a specific date...

Breast Cancer-"The Doctor Delayed My Diagnosis-Do I have a Case?"

Posted on November 16, 2007
"Doctor, I have this lump in my right breast...right here. I think it's grown over the last month. What do you think?"This is usually how a case starts. How it finishes depends on many factors. Here's what I mean...When a patient has a specific complaint, the doctor is obligated to examine the lump and make a clinical evaluation...

Bunions, Hammertoes & Bears...Oh My!

Posted on November 16, 2007
Bunions and hammertoes are two common problems people have with their feet. Oh yes, corns too. Many people try to live with these annoyances by wearing modified shoes, wearing shoes of different sizes, or simply bearing with the discomfort of disfigured and mis-shapen toes...

Colonoscopy- "He Perforated My Colon, Do I Have A Case?"

Posted on November 16, 2007
The call comes in. "I had a colonoscopy, and the doctor perforated my colon. I needed emergency surgery to fix it. Now I have a colostomy bag, and I'll need another surgery in a few months to reverse it. Do I have a case?" What do you think?The short answer is no...

NY Anesthesiologist Uses Syringes Twice! Hepatitis Found

Posted on November 16, 2007
An anesthesiologist in New York has recently been found to have used the same syringe to inject medication into different patients. As a result of this breach of infection control, two of his patients have contracted hepatitis.How could this happen in today's day and age? Here's an apparently well-trained physician who claimed, according to his PR person's statement that "He was unaware that what he was doing was incorrect...

A Medical Malpractice Victim's Guide to Compensation in New York...Part 1

Posted on November 15, 2007
Medical malpractice can cause significant and permanent injuries. Our society recognizes the right to obtain compensation if we are harmed by someone else, whether through an accident or by medical negligence. Negligence is typically defined as someone who is careless...

A Medical Malpractice Victim's Guide to Compensation in New York...Part 2

Posted on November 15, 2007
A verdict allows a victim to 'enter judgment' against the doctor or hospital for the amount that has been awarded. In addition to the award, interest will be added to the award for past pain and suffering from the time of the malpractice until the date of the verdict...

In Case of Death - Part 1

Posted on November 14, 2007
HOW TO FIND YOUR WAY AFTER YOUR LOVED ONE HAS DIEDHow to find a New York lawyer & learn whether you have a case... It happens in the blink of an eye. One moment they're there...the next, forever taken from us. The emotions that flood over ourselves and our families range from sadness to anger and hatred...

In Case of Death - Part 2

Posted on November 14, 2007
So, you want to sue...UNDERSTANDING A WRONGFUL DEATH LAWSUITQ: What is 'pecuniary loss'? A: This is a term used to describe the financial loss that the family has suffered from the death of a family member. If a person were earning $30,000 per year, and they were 35 years old, we could project over the next 30 years how much they could be expected to earn over their working lifetime...

In Case of Death - Part 3

Posted on November 14, 2007
WARNING!DO NOT RELY ON ANYONE EXCEPT AN ATTORNEY TO GUIDE YOU WHEN DETERMINING HOW MUCH TIME YOU HAVE TO FILE A LAWSUIT.Why do I say this? Because on occasion, a client will call me, or come into my office after the time to file suit has lapsed and say "My friend said I have 4 years to file suit...

In Case of Death...Part 4

Posted on November 14, 2007
Q: You're Loved One's Died- You Suspect Foul Play. When you're at the hospital and the emergency room doctor tells you your 50 year-old husband just died after collapsing at work, you want answers. A: Death- Who said it's a natural part of life? Whoever said it might be right, but when you're at the hospital and the emergency room doctor tells you your 50 year-old husband just died after collapsing at work, you want answers...

In Case of Death - Part 5

Posted on November 14, 2007
MoneyQ: When you settle a death case, how soon can the family obtain the settlement money?A: The quick answer is soon. The longer answer is, 'it depends.'In a death case, your New York lawyer will have to prepare papers to let the Surrogate's Court (that's the court that is responsible for overseeing a person's estate) know what is happening...

Secrets of a NY Medical Malpractice Lawyer

Posted on November 14, 2007
1. Your NY Medical Malpractice attorney is not a doctor (in most cases anyway).Many potential clients ask their lawyer for medical advice about what treatments they should receive. There are some lawyers who actually advice their potential clients about the treatment they should receive...