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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

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 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...

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...

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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

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