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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 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...

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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...

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