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Personal Injury Law

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: 1.1/day

Last Entry: May 23, 2016 at 14:27:00

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...

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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...

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