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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

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.<br /><br />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...

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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...

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