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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 Accidents & Injuries- "Why Isn't The Store Responsible For My Injuries?"

Posted on January 21, 2009
I was asked this question today by a very educated man. He knew someone who had walked into a store, gotten hurt while taking something off a shelf, and assumed that the store was totally responsible for the other man's injuries.I asked "Did the store know about the dangerous condition before this man pulled the object off a shelf?""Why is that important?" asked this intelligent young man...

Personal Injury Lawyers called to justify their marketing

Posted on January 04, 2009
Fellow blogger and lawyer Kevin O'Keefe posts a fascinating article about how "I see more and more crap coming from plaintiff's personal injury lawyers who are trying their hand at blogs."He points out that some personal injury lawyers are doing nothing to educate website viewers with what they do and how they can help potential victims...

NY MEDICAL MALPRACTICE-Liability is Clear But Damages Are Not; Learn Why

Posted on November 29, 2008
By Gerry OginskiThe world of a New York medical malpractice lawyer is not black and white. The stories that potential clients come in with are never black and white. Many are shades of grey.Here's what I mean. A child was having a CT scan in a Westchester hospital...

Wal-Mart Stampede in New York-Who's At Fault?

Posted on November 29, 2008
Early morning shoppers on Black Firday, at a Walmart in Valley Stream, NY turned their desire for discounted price shopping into a deadly stampede.The crowd rushed through the Walmart doors without regard for human life or safety. A 34 year old man, Jdimytai Damour was crushed to death in the massive stampede...

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NY Negligence Lawyer-The Large Law Firm Trap

Posted on November 26, 2008
THE LARGE LAW FIRM TRAPTHE SEDUCTIONYou suffered a terrible accident. You have been in the hospital for weeks now. Your family is angry that you are now physically disabled. You wonder when, if ever, you'll be able to return to work. Physical therapy is not helping much...

NY Medical Malpractice Trap-Failing To Timely File a Claim; Medical Malpractice Lawyer Explains

Posted on November 25, 2008
NEW YORK MEDICAL MALPRACTICE TRAPYOU MISS THE DEADLINE TO FILE A CLAIMYou're still in the hospital. You were in a municipal hospital in the five boroughs of New York; Brooklyn, Bronx, Queens, New York City and Staten Island. You walked into the hospital for surgery...

Queens Bicycle Rider Hit By Car at a T Intersection

Posted on November 10, 2008
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A DENTAL IMPLANT NIGHTMARE- New York Dental Malpractice Lawyer Explains

Posted on November 10, 2008
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A UROLOGY DISASTER IN NEW YORK; MEDICAL MALPRACTICE

Posted on November 10, 2008
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NY ACCIDENT LAWYER creates Word Cloud Using Wordle

Posted on November 10, 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. <a href="http://wordle...

DO NOT READ THIS ARTICLE! NY TRIAL LAWYER EXPLAINS APPLES v. ORANGES

Posted on November 10, 2008
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NY ACCIDENTS-Are you in the 'Zone of Danger'?

Posted on November 10, 2008
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The Straight Truth About Lawyer Advertising-NY Accident Lawyer Explains

Posted on November 10, 2008
Attorney advertising and how to choose an attorney from an ad. <div> </div><div> Ooh, ooh, pick me, No, pick me, yelled the ad in the phone book...

Staten Island Ferry Quadriplegic Award Reduced To $18.3M from $22.9M

Posted on November 10, 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 $22.9M Thursday, September 18, 2008 By FRANK DONNELLY ADVANCE STAFF WRITER STATEN ISLAND, N...

New York Medical Malpractice-More Examples of Malpractice

Posted on November 10, 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...

BROOKLYN MEDICAL MALPRACTICE LAWYER PROVIDES MONTHLY UPDATES TO CLIENTS

Posted on November 10, 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...

They Laughed When I Told Them I m Using a Solo Practitioner

Posted on November 10, 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...

NEW YORK CAR ACCIDENTS- 12 Key Deposition Techniques in a Car Accident Case

Posted on November 10, 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...

Paralyzed Staten Island Ferry Victim Awarded $22.9 Million

Posted on November 10, 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 November 10, 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...

Staten Island Ferry Quadriplegic On Trial in Brooklyn

Posted on November 10, 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 November 10, 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 November 10, 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 November 10, 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 November 10, 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 November 10, 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 November 10, 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 November 10, 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 November 10, 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 November 10, 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...

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