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Personal Injury Law

New York Medical Malpractice Blog 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

Recent Entries: 205

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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...


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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...




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...



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