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Bicycle Accidents

11/13/2008
Gerry Oginski
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Queens Bicycle Rider Hit By Car at a T Intersection-New York Accident Attorney Explains

My client was out riding his bicycle on a beautiful sunny Spring day this year, on a quiet stretch of road in Queens. He was approaching an intersection where cars were coming off of the Grand Central Parkway exit ramp. As a driver coming from the Grand Central heads down the exit ramp, he is left with one of two choices as he approaches the T intersection: Either turn left, or turn right. If you are going to make a left turn, you must get into the left-hand turning lane. There is a stop sign at that T intersection for cars just getting off the GCP exit. In this case, a driver coming off the Grand Central Parkway exit ramp got into the left-hand turning lane and proceeded to stop at the Stop sign. A good thing he did.

However, instead of looking to his left, which is where he was intending to turn, to check for oncoming traffic, he looked to his right and removed his foot from the brake and applied the gas. As he did so, he proceeded to hit my bike-riding client-who by the way was in the middle of the intersection, on the right side of his body, throwing him to the pavement. A trip to the emergency room revealed a fractured finger, that days later required surgery to correct. An MRI of the knee revealed damage to a tendon, which required arthroscopic surgery to fix.

In addition, my client suffered a significant shoulder injury requiring extensive physical therapy. This young man, who was wearing his helmet at the time of impact, was a computer programmer and because of the injury to his finger and surgery, had great difficulty typing and performing his job duties. Recuperation and physical therapy has helped him regain function to his finger and hand, and he performs strengthening exercises each day.

This accident was preventable. The careless and negligent driver had only to look to his left to see what he should have seen. Had he merely looked to his left, he would have seen my client riding his bike peacefully on a beautiful Saturday morning. Instead, through the negligence of this driver, my client's day was turned upside down.

Car Accidents

11/26/2008
Gerry Oginski
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NY NEGLIGENCE LAWYER-The Large Law Firm Trap

THE LARGE LAW FIRM TRAP

THE SEDUCTION

You 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. Your treating doctors are not that encouraging. You fall into a state of despair.

You know you want to sue the driver of the car that hit you and caused all these ailments, but you do not know a New York accident attorney. Nor do you have any friends who know a good attorney they could recommend. When you return home you start searching for a lawyer in the yellow pages. Finding useless ads that simply scream at you, you go online to start looking for a personal injury lawyer in Manhattan with lots of experience handling car accidents. Why New York City? You feel that a Manhattan lawyer is better able to handle your case, even though you live in Queens and your accident happened on Long Island.

Each website you visit tells you how great their lawyers are. Those websites tell you that they have achieved great results in the past for their injured clients. Yet these same lawyer websites are not giving you information you need to know about your case.

On most of the websites, you see pictures of New York City with tall buildings and fancy libraries, but none of those lawyers are giving you information about how a car accident lawsuit works. You have the perception that a large law firm is the right one for you, but choosing the right one seems very difficult. There are so many to choose from. How do you know whether one large law firm is better than another large law firm?

THE REALITY

Each website you visit has beautiful pictures of New York. Some have pictures of scary looking lawyers standing in front of a bookcase. Some websites have "class pictures" showing everyone in their entire firm. There are so many people in the picture, you cannot tell one person apart from another. "OK," you think, "But how do I tell one large Manhattan law firm apart from the other?"

The reality is that you probably cannot. One law firm boasts having more staff; another claims to have more attorneys; another claims to get better results; another says they have casual Fridays. One law firm says you get to deal directly with a junior associate on a daily basis. Yet...you want to know how negligence lawsuits work in the State of New York.

You need to know what will be expected of you as you go through the litigation process. Will you have to show up for a question and answer session known as a deposition? Will you have to be examined by a doctor for the insurance company representing the driver who caused your accident? Importantly, you want to know who will be working on your case.

You ask yourself "Why are there no educational lawyer videos explaining how the legal process works? I know these lawyers cannot give out legal advice online, but I'm starving for information. I want to know more than what each of these lawyers are giving me on their website."

THE TRAP

You are seduced with the perception that only a large Manhattan law firm can handle your car accident case. You think that only a firm with nice wood paneling and French furniture in the waiting room will do. Fancy furnishings aside, you do not have any information about what a small law firm can do for you or even what a solo practitioner could do for you that a large law firm could not do. Yet the more you search online, you realize that the small firms appear to be able to provide a more personal and attentive touch than many of the large firms.

You decide to call one large prominent trial law firm in New York City. The receptionist asks what your call is about and you are promptly transferred over to a paralegal to answer your questions. After a polite two minute discussion about the types of law they practice you ask to speak to an attorney. A young woman answers the phone and you ask who handles your case on a day to day basis. "I do," comes the reply. "And you have how much experience?" you inquire. She proudly tells you that she's been in practice for three years now.

"When do I meet the senior partner, you know, the senior trial attorney who will try my case?" you ask.
"Oh, only if and when your case goes to trial. Otherwise the Junior partner will answer your questions if I can't."
"How often do you update me?" you ask.
"Only when there's been a new development in your case. If nothing is going on, and we're waiting for a deposition date, or we are waiting for trial, there's nothing to tell you."

"Do I have to call for an update, or do you automatically send me a letter?"
"Uh, you might want to call us to find out what's going on. We have a lot of cases and it is hard to call everybody with updates," she replies.

THE SOLUTION

Before deciding what type of law firm you think you need to handle your car accident case, make sure to ask these questions:

1. Who will handle my case on a daily basis?
2. Will the attorney I meet with on the first visit be the same lawyer who appears at my deposition? (In many large law firms it will not be the same lawyer.)
3. Which attorney will be going into Court to handle conferences on my case? (Again, in a large law firm it is usually a different attorney than the one you initially met).
4. How do you update me? By mail, email, phone, or do I have to come into the office for an update?
5. Do I have to call you to see what's going on with my case?
6. Will the attorney who is at my deposition be the one to handle my trial? (Most large law firms have junior associates or junior partners handle your deposition. The more senior trial lawyers usually will handle your trial).
7. Can the senior trial lawyer handle my case from start to finish?
8. Can I speak to the senior trial attorney if I have questions?
9. Am I imposing on the senior trial attorney with my questions even though he doesn't know anything about my case until we go to trial?

Then ask yourself if you would feel more comfortable with a more personalized approach to having a lawyer represent you. Now keep in mind that there are some large law firms that have dedicated trial lawyers and dedicated lawyers on their 'team' to assist you. However, there are many people who feel that they want a senior trial lawyer to handle their case from start to finish.

There are many people who do not care that their lawyer's office is not in Manhattan. They do not care that there are no fancy furnishings and fancy paintings in the waiting room. They are more interested in what the attorney can do for them and the results they have achieved for their injured clients. They like the small law firm that has a personal touch where only one attorney handles your case from the moment you call the office, to when you walk into his door, to when you have any question, at any time, to when you go for your deposition, to when you go to trial.

When you use a solo practitioner, the attorney does not need to ask three other lawyers what happened last on your case when they went into Court. Why? Because the only attorney who works on your case is the same lawyer you are dealing with day to day.

You also love the fact that the solo practitioner has tons of educational videos on his website that explain how lawsuits work. In his videos he takes you step-by-step through the litigation process. Watching the videos, you get to know how this solo attorney looks; how he sounds; what he knows, and how he presents himself. You notice he does not spend time talking about himself. Instead, he spends the time explaining how he can help you. You realize after watching his informative videos and reading his educational website that this solo attorney is the right one for you. The problem was that for a long time you fell into the large law firm trap. Hopefully, after doing your research, you will have enough information to choose the right lawyer for you.

About Gerry

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Gerry has created, produced and uploaded over 120 educational videos to help viewers understand how lawsuits in New York work. For more information watch the videos here on Gerry's website, or take a look at Gerry's free instructional videos on New York Medical Malpractice, Wrongful Death & Accident law, on his video blog at http://medicalmalpracticetutorial.blogspot.com.

10/5/2008
Gerry Oginski
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New York Car Accident Victim Loses Settlement Money After Government Steps In

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. The driver was going about 25-30 miles per hour. He hit the man squarely on the left side of his body, causing him to go flying through the air and land about ten feet from where he started. The injured man was rushed by ambulance to the closest trauma center where he was diagnosed as having a broken femur (the largest bone in your body), trauma to his face, and a bleed under his skull. The victim required a tracheostomy; a hole made in his windpipe to allow a tube from a ventilator to help him breathe. This injured victim spent more than three weeks in the hospital.

When he was discharged, he was sent to a rehabilitation facility and ultimately made his way home.

The driver of the car had insurance. However, when I investigated the insurance policy he had, it turns out it was a "limited" policy. This means it was a relatively low policy amount. Shortly after I was able to document all of my client's injuries to the insurance company, they promptly paid the full insurance policy since they recognized that the injuries my client suffered far exceeded the available insurance in this case.

Q: What other options were available to this young man after the insurance company "tendered" (paid) the insurance policy?
A: One option would have been to sue the driver personally and try to get a judgment against him. If successful, then I would be able to enforce the judgment by seizing his property in order to fulfill the judgment. However, after investigating this possibility, we learned that the driver had no assets- at least none that were in his name. Bringing a lawsuit against him, just to get a "paper" judgment would serve the client no purpose.

THE GOVERNMENT STEPS IN...

In this case, my client had been receiving medicare benefits because of a pre-existing disability. When Medicare learned (as they always do) that my client had received some compensation for his injuries, they asserted a "lien" against the proceeds of his case. This meant that they were asserting their right to recoup money that Medicare paid for his hospital and medical bills arising out of this car accident. The medical bills alone were astronomical. They were over $300,000! Medicare wanted everything that my client would receive as his share of the settlement. In effect, this young man potentially would get nothing as a result of his injuries.

I appealed to Medicare advising them that it would be tragic if this young man who was severely injured were required to pay back Medicare everything he was awarded in the settlement. Yet Medicare made a reasonable argument: Who else paid for his medical bills when he was in the hospital? Nobody. He did not have any other health insurance. Medicare did not expect to get reimbursed for paying his medical bills. But, when an injured victim brings a lawsuit seeking compensation from the driver of a car, bus, truck or someone else- and is successful, then Medicare steps in and says "You are now required to reimburse us." Many times Medicare will try to negotiate with you, depending upon the amount you recover. Yet the bottom line is that they must be repaid.

If your attorney ignores a Medicare lien, they do so at their peril. If your lawyer pays you your net share of the settlement without allocating money for Medicare, this is what will happen. Medicare will file a lawsuit against your attorney in federal court. They will ask not only for the money that they were supposed to recover, but also ask for three times the amount (called treble damages). Needless to say, if your lawyer has reached this stage, he has significant problems. The government is not required to go after the client (you, the injured victim). Your lawyer may try to get the money back from you, but what if you already spent it? Now the lawyer has even bigger problems.

The bottom line? Medicare must be repaid.
The bottom line for this client? He got the short end of the stick since the driver of the car that hit him did not have sufficient car insurance to cover the severe injuries he received. Then, the government stepped in and asked for the total amount of money to cover at least some of their expenses. After an appeal to Medicare, they were "generous" enough to allow my client to take home a token amount of the original compensation he was entitled to receive.

What is the moral of this story? Carry enough car insurance on your insurance policy to cover a serious injury. Then buy an "umbrella" policy (also known as an excess policy) to protect you and your assets in the event your main insurance policy is insufficient to pay compensation to someone seriously injured.

Thanks for taking the time to become informed.

About Gerry:

Gerry Oginski is an experienced medical malpractice & personal injury trial lawyer practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau, Suffolk & Long Island and has been in practice since 1988.

He is a graduate of Touro College, Jacob Fuchsberg College of Law in Huntington, NY and he is admitted to practice law in New York and Connecticut. He started his legal career working for a defense firm on Wall Street representing doctors, hospitals and businesses who were sued. Four years later he felt the gravitational pull to represent injured victims of medical negligence and accidents. After doing defense work, he joined a personal injury law firm in Brooklyn, NY representing injured victims, and then four years later, joined forces with a large law firm in Queens, NY. While there, he was in charge of the medical malpractice department, and in 2002 opened his own office for the practice of law. His main office is located in Great Neck, Long Island, and he has affiliate offices in Brooklyn and Staten Island.

Gerry prides himself on knowing all the details of each case he handles. Cases are not handed off to associates. When a client calls, he doesn't need to check a file to determine what happened last on the client's case. He knows what happened, since he was the one who handled the matter.

Gerry has become a prolific writer and publishes a monthly newsletter full of legal news, fun trivia games, and a never-ending fictional story that has won him accolades with all who read his newsletter. In addition to his newsletter, he has produced and created an entire video library of instructional videos that help consumers learn about medical malpractice and accident law in New York.

Gerry welcomes all calls about any accident or injury from a doctor or hospital in the State of New York. He promises to give you a straightforward and honest answer about every question you ask. Take a look at his website, where he has over 200 FAQ's, free reports about medical malpractice, wrongful death and accident cases, actual testimony of doctors in cases he's handled, and an entire video library you really should see.

If that's not enough, take a look at his blog where he offers free information about medical malpractice and accident law and when you've finished reading his blog at http://nymedicalmalpractice.blogspot.com, jump over to his video blog where he has most of his videos posted at http://medicalmalpracticetutorial.blogspot.com - you'll be glad you did.

10/5/2008
Gerry Oginski
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NEW YORK CAR ACCIDENTS-6 REASONS TO SUE THE DRIVER WHO HIT YOUR CAR

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. After being taken out on a backboard and having your head, neck and body strapped to the board and placed onto a stretcher in the ambulance, you still can’t believe you had to go to the emergency room.

3. You can’t believe that your clothes had to be cut off of you in the emergency room, then had your entire body x-rayed and sent for CT scan. You can’t believe that you needed emergency surgery to fix the bones in your thigh-bone, also known as the femur, and your arm. When you woke up you learned that the surgeons had to put in a titanium rod into your leg with steel plates, surgical screws and pins to hold the bones together.

4. You can’t believe that the surgeon told you your leg will be one inch shorter than the other, and that you’ll have to learn to walk again and need rehabilitation for about three weeks after getting out of the hospital in a week.

5. You can’t believe that you’ll be out of work, at a minimum, for 5 weeks, and your disability insurance won’t even kick in unless you’re out of work for 9 weeks continually. Your can’t believe that your boss in the factory where you work stopped paying you your salary after two weeks, and now you have no income. Your wife does not work and you have two young kids in elementary school.

6. You can’t believe that the bone in your leg is not healing properly and the surgeon tells you that you will need another surgery in two months. You can’t sleep at night because the cast on your arm requires you to sleep only on one side and the pain in your leg requires you to take narcotic pain medication on a regular basis. Your kids cannot understand why you can’t play with them or pick them up from school since you are now home during the day. You can’t believe how difficult it is to go up and down your stairs when you have a cast on your leg and also on your arm. Going to the bathroom is a 15 minute ordeal as is getting dressed in the morning. Brushing your teeth and hair with your other hand is confusing and frustrating. Spending quality time with your wife is physically impossible, and the agony of figuring out how you’ll survive without an income is horribly stressful.

In New York, an injured victim must be compensated for their medical expenses both in the past and in the future, their lost earnings, their lost future income, their pain and the suffering it caused to both the victim and their spouse, as well as any lost opportunities he would have had, had the accident not happened. When a wrongdoer causes an accident that causes harm, he incurs a debt that must be repaid. Often, with a seriously injured victim, the cost to repay that debt is significant.

If an accident happens, call Gerry Oginski, an experienced New York personal injury and accident attorney, to make sure that your rights and ability to obtain proper compensation is protected. Gerry can be reached through his website: http://www.oginski-law.com or you can call Gerry personally at 516-487-8207. For more information, take a look at Gerry’s educational video tips on his website as well as hundreds of free reports about accidents, wrongful death and medical malpractice in New York.

10/5/2008
Gerry Oginski
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NEW YORK CAR ACCIDENTS- 12 Key Deposition Techniques in a Car Accident Case

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.

2. Weather: You want to know whether the weather had any effect on contributing to the accident.
Was it raining? Had it rained? Was the ground wet? Do you have snow tires? Was your window open? (To determine if he could hear anything immediately prior the accident like screeching tires or kids playing.)

3. Their senses: You want to know whether their sight, sound and balance were all in good working order. If not, you need to question them extensively about their limitations. Do you wear eyeglasses? Any difficulty hearing? Any neurological problems? Previous medical problems such as a stroke?

4. Speed: You must establish their speed at impact, as well as at various points immediately before impact. If the witness does not know an exact speed, ask for an estimate. In New York, an attorney can, without objection, ask for estimates of speed. Once you have established the approximate speed, you can now move on to timing.

5. Timing: You need to establish how long it took to go from point A to point B. It is those reference points that will tell you conclusively whether this witness' testimony about their speed, time and distance are accurate. For example, "How long did it take you to travel 1/4 mile?" "How much time did it take you to travel the one block before impact? "How long did it take from the time you left the intersection at Main Street until the impact?" The follow-up questions lead directly to the next question: Distance.

6. Distance: You need to establish how far the driver was at various reference points. "How far were you from the impact point when you saw the red light?" "How far did you travel from Main Street until the impact?" Why is this important? There are simple mathematical formulas that will allow you to plug in the numbers that the witness testifies to that will either support their testimony, or allow you to prove that they are wrong. "Speed, time and distance" is the mantra of any personal injury trial lawyer who tries car accident cases. If you know any two out of the three elements, you can calculate the third. It's a very valuable tool for a trial lawyer, and allows you to create a devastating point when making closing arguments.

7. Geographic area: What is surrounding you? Is this a residential area or a commercial area? Was there parking on the street? Were there any trucks, busses or cars that blocked your view?

8. The car they were driving. Besides the usual make, model and color, ask for their license plate number and when their car was last inspected before the accident. Ask whether they have an ipod dock or a GPS system. Is the GPS portable, or fixed on the dashboard? Are there fuzzy dice hanging from the rearview mirror? Do you smoke? Were you smoking at the time?

9. Were you distracted?

10. WHEN DID YOU SEE THE OTHER CAR FOR THE FIRST TIME? This is important to establish that the defendant may not have seen the driver until it was too late to do anything. The failure to see that which should have been seen may establish liability for you in your case.

11. Mechanics of your car: Was it in good working order? If not, when had it last been serviced?

12. Passengers in your car: Who were they? Ages? Addresses? Conversation level? Distracted by passengers?

This list gives you an outline of key elements you need to establish liability in a car accident case in New York. As always, preparation is the key to knowing what questions to ask.

Medical Malpractice

11/26/2008
Gerry Oginski
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NY Medical Malpractice - Informed Consent Trap - An Experienced Trial Lawyer Explains

INFORMED CONSENT- THE MEMORY TRAP

You need surgery. You're worried. You have a consultation in the surgeon's office. You're by yourself. The surgeon tells you what he plans on doing. The medical terms are confusing. The procedure is difficult to understand. All you want to know is whether you'll be ok. The surgeon keeps reassuring you, and on the way home you do not even remember if he discussed any alternative treatment that you could have. You think he did, but you're just not sure.

You like the surgeon. He's confident. He's suave. He talks like he knows what he's doing. "OK, I'll have the surgery with him," you say to yourself.

AFTER THE SURGERY

You learn you had an unfortunate complication. The surgeon cut part of your anatomy that he should not have touched. You then needed corrective surgery and can expect to be in the hospital for another three weeks. The surgeon tells you this was a "recognized risk" of the surgery.

"But you didn't tell me this could happen," you protest. The surgeon insists that he told you very clearly on that first consultation exactly what the risks, benefits, options and alternatives were. "Don't you remember?" he asks. "You were sitting in my chair, you had on a black sweater and black pants. You had a long coat with you and you were visibly upset." In the back of your mind you have a vague memory of talking about risks, but you just do not remember.

THE SOLUTION

Whenever possible, bring a family member to an important doctor's visit. It's natural to be worried and thinking about how your treatment will affect your health. Many of us forget to ask questions while we're in the doctor's office. How can you be expected to remember everything the doctor said while your mind was racing elsewhere?

If you bring a trusted family member, they can help you recall the conversation about any risks, benefits and alternatives that was discussed with the doctor. This way you'll be in a better position to make an informed decision about whether the proposed treatment is right for you.

About Gerry

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

For more information, call Gerry personally at 516-487-8207 for answers to your legal questions.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on New York Medical Malpractice, Wrongful Death & Accident law.

11/25/2008
Gerry Oginski
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A UROLOGY DISASTER IN NEW YORK; MEDICAL MALPRACTICE LAWYER EXPLAINS

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. This tube is called the urethra.

This man’s unfortunate journey began when he started having difficulty urinating. He saw a a urologist (a specialist who treats diseases of the urinary system) who, after examining him, told him that he had abnormal scar tissue (called a “stricture”) in his urethra that needed to be cut open. This procedure is known as a “urethrotomy.” The doctor inserts a tube into his penis and then once the tube is in the correct place, then inserts a knife within the tube to cut away the scar tissue. The problem with this procedure is that the scar tissue is virtually guaranteed to return weeks or months later. Why? Because this procedure is a band-aid. It only removes the scar tissue, but does not eliminate the reason why it keeps coming back. Three months later, my client was back in the urologist’s office with the same exact complaints: Difficulty urinating, straining and pain. The doctor again recommended the same “cold-knife urethrotomy.”

Despite the doctor’s attempts to get rid of the scar tissue, the same problems came back a few months later. Here’s where things started to go wrong.

After the second procedure, when the urolological symptoms returned, he should have been sent to a urologist who specializes in reconstructive surgery. Had the happened, he would have had a simple two hour surgery to remove the section of urethra with the scar tissue and replace it with skin from the inside of his mouth, known as a “buccal mucosa skin graft.” This procedure would have had a 90% success rate with a well-trained surgeon.

Instead, the original treating urologist told my client he required a unique device known as a “stent” to be inserted into his penis, into an area called the “bulbar urethra.” This stent is a coiled steel mesh, that when placed into the urethra, springs open to hold the urethra open. Unfortunately for this young man, this clearly was the wrong device to use.

First, the stent was not meant for young men. Rather, it was meant for old men who no longer have erections. The reason is that in a young healthy man who still gets erections a stent will cause excruciating pain. In an elderly man who no longer is able to achieve an erection, the stent may be the right fix. Second, this stent was not meant to be used for the amount of scar tissue that my client had- in fact the manufacturer’s own guideline clearly indicated it was not to be used for strictures that were as long as my client’s stricture.

To make matters even worse, after four weeks, my client had such excruciating and terrible pain in his penis from the stents that the doctor decided to try and remove the stents and insert two new ones. The problem is that these stents are designed to be permanent. Once inserted, layers of skin tissue grow over the stents to hold them in place. They literally become embedded within the urethra.

When the doctor went to remove the stents, he had to pull the wire filaments out one by one since they do not come out in one piece. Unfortunately, when he removed the stents, he destroyed the inside of this man’s urethra. Instead of removing the stents and allowing the urethra to heal, this doctor decided that instead he’d insert two new stents during the same procedure right back into the the urethra, in a slightly different location, thinking that would do the trick. However, the only ‘trick’ it caused, was a total destruction of my client’s urethra.

The pain where the stents were located became so unbearable that my client thought seriously about committing suicide. He obtained a second and third medical opinion, this time with a reconstructive urological surgeon. My client was told that his urethra was totally obliterated and he needed massive reconstructive surgery to fix it.

CORRECTIVE SURGERY

Two surgeries, 17 months apart. The first surgery took 12 hours. The embedded stents had to be painstakingly removed. Since the urethra needed to heal for more than a year, there had to be another location where the urine would exit from his body during this time. The surgeon created something called a “urinary diversion,” which is exactly what it sounds like. The urine is diverted from the urethra and out the penis, to a different location. The problem is that there is no other natural way for urine to exit in a man’s body, so the surgeon had to create an alternative opening. The only place for this alternate way to urinate was to make a surgical hole between his scrotum and his anus. Every time he needed to urinate, he’d have to sit down on the toilet, like a woman, and wipe every time. This was totally humiliating for him.

He also had to have a huge section of skin taken from his thigh to use as a skin graft inside his penis for his new urethra.
After almost 17 months of healing, with no sex and no ability to go swimming during this time, he had his second corrective surgery. The urinary hole next to his scrotum was finally closed. His urethra was reattached to his bladder and now urine flowed correctly out through his penis. After two months, he was remarkably better.

We alleged that the doctor never should have inserted stents into this man’s urethra and doing so was a departure from good medical care. Putting the stents in, taking them out, and putting two new ones in destroyed his entire urethra. Had the original urologist done the right thing and sent the patient to a reconstructive urological surgeon after the second urethrotomy procedure, this young man never would have needed such an extensive reconstructive procedure known as a “rescue urethroplasty.”

The defense claimed that it was appropriate to use these stents and that he still would have required a “urinary diversion” regardless of when the corrective surgery took place. The problem with this reasoning was that the defense failed to take into account that before his urethra was totally destroyed he could have had a simple urethroplasty procedure with no need to divert his urine.

CONCLUSION:

After months of trying to negotiate a settlement and with trial approaching within weeks, both sides agreed to try mediation. It was only through hard-fought negotiation on both sides and with the help of an experienced mediator, were we able to reach a settlement that was agreeable to both sides.

11/13/2008
Gerry Oginski
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A DENTAL IMPLANT NIGHTMARE- New York Dental Malpractice Lawyer Explains

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. It had been many years since he had good healthy natural teeth, and when he arrived in the oral surgeon’s office for that first consultation, he had only seven decaying teeth remaining in his mouth.

WHAT IS A DENTAL IMPLANT?

It is usually a titanium screw that gets screwed into the jaw. It creates the foundation upon which a permanent bridge or crown will sit. Once the implant is screwed into the jaw, it takes months to heal. After the healing period, a healing collar is placed around the implant, and then a post is placed on top of the implant. Once a post is put on, a fixed bridge or cap (also known as a crown) can be attached to the post.

THE COST TO PLACE IMPLANTS

My client had been to a few different implant dentists and was told that for six implants it would cost anywhere from $35,000 to $50,000. Since this man did not have the money to pay for these implants, he held off, and continued to use his ill-fitting denture that would fall out at the most inopportune times. One day, while at work, my client saw an ad by this oral surgeon promising inexpensive dental implants and great results. The ad was intoxicating and held the promise of a great set of teeth for only a fraction of the cost that most other dentists were charging.

“IF IT SOUNDS TOO GOOD TO BE TRUE...IT IS” This patient was quoted a price of $22,500 to put in 10 implants on his upper jaw, and 10 implants on his lower jaw. Twenty implants total. All for the low, low price of $22,500. That price also included the restoration for full porcelain fixed bridges on both upper and lower jaws. What a bargain. What the patient got instead was botched dental treatment. To begin with, the oral surgeon failed to properly evaluate whether this patient had sufficient bone for all these implants. He failed to identify where the nerves were in relation to where he was going to insert the implants. Unfortunately for the patient, the implants were put in too close together; they were improperly angled; there were too many implants; he put an implant into the patient’s sinus and never realized it; he created a hole in the sinus and despite trying to fix it twice, failed.

THE RECORDS DON’T LIE The doctor’s dental records were worse than scribbles. They had no useful information. The notes reflecting the doctor’s comments after the dental implant surgery simply said “Observe.” That’s it. No notes about patient complaints, what type of examination he performed on that visit or any other visit for that matter. No notes about what his treatment plan was. Incredibly, while the patient was having the implants inserted the doctor claimed that he would take one to two intra-operative x-rays to determine if the implants were in the correct place. Once he decided they were in the right place, he would then inexplicably throw away the x-rays he had taken. The doctor attempted to explain that he had no use for the intra-operative x-rays once the implants were embedded into the jaw. The fact that the x-rays were technically the patient’s property had no impact on this oral surgeon.

A DENTIST ABANDONS HIS PATIENTS Months after the patient had his implants placed into his jaw, he received a letter from this dentist announcing that he could no longer continue to provide dental services, giving various excuses. Incredibly, the dentist failed to refer this patient, or any other patient, to another oral surgeon to continue their dental implant care. As a result, my client remained without any teeth in his mouth for two full years. Calls and letters to this oral surgeon requesting a refund of cash that had been paid went unanswered. All efforts to recoup money for the improper work and unfinished work were ignored.

NEXT STOP: To an experienced New York dental malpractice lawyer.

After two years of hard-fought litigation, I was able to successfully settle this case on the day we were scheduled to begin jury selection. I was prepared to bring in a dental implant expert to explain to the jury how this dentist’s planning, execution and post-operative care deviated from good and accepted dental standards here in the State of New York. As a result of those departures from good care, my client suffered significant injury, requiring extensive sinus surgery to correct the hole, and the implant lodged in the sinus. He will require most of the implants to be removed, and will have to start over again. All at an astronomical price, and the possibility that removing the implants will cause damage and injury to the jaw and nerves running through the upper and lower jaw. The successful settlement will now allow my client the chance to surgically correct the botched dental treatment he received from this oral surgeon.

Hopefully in the near future, after all of his dental treatment has been completed, he’ll be able to look in the mirror, and for the first time in many years, smile and say “Good morning,” without feeling self-conscious and worried what someone will think of a man without teeth.

10/5/2008
Gerry Oginski
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NEW YORK MEDICAL MALPRACTICE-Are Injured Victims Money Hungry?

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. Here's what I mean:

The people who come to me never started off their medical treatment by looking for a lawsuit. Instead, they went to a doctor or hospital to get better; to get treatment they needed; or to get checked to make sure they did not have any dangerous medical condition. They did not go to the doctor's office hoping the doctor would do something wrong, and cause them serious permanent harm. They didn't go to the doctor's office hoping the doctor would screw up and they would 'rake in the cash'! Nobody is that foolish. In fact, almost every person who comes to me for advice is almost apologetic that they're coming in searching for answers. Many potential clients tell me "We're not looking for money...we just want justice." "We want to make sure this never happens again..."

It is days, weeks and months later do these potential clients wonder how they will survive financially as a result of their diminished earning capacity and their lost time from work. Who will pay for their health insurance premiums if they cannot work? Who will buy the groceries, pay the mortgage, the medical bills? How will they pay for their children's school tuition and camp if they cannot return to work? Those thoughts usually come after the healing process, assuming there is one.

There are many "reformists" who argue that there should be an artificial and arbitrary limit to an injured victims' pain and suffering compensation. Does that mean that even when an injured victim has unrelenting pain that never goes away and limits their daily activities, that the most compensation they can receive is an arbitrary number created by someone who has never had that type of pain? Is that fair?

Does a patient seeking a doctor's help truly seek to destroy the health-care system and how insurance companies reimburse doctors? The patient just wants to get better. They want treatment that will let them continue on with their lives unobstructed and free from limitation. Does a patient want a doctor to commit malpractice so his or her life can be destroyed and ruin his job and his family life just to bring a lawsuit? Such thinking is incomprehensible.

On the other hand, I am sure there are many good physicians who wake up each morning and say to themselves "I'm going to do the best I can today." I don't expect there are any physicians who wake up and say "Let's see how many patients I can screw up today so they can sue me for medical malpractice."

However, malpractice occurs when a physician is careless and departs from good and accepted medical care in the State of New York; when there is a lack of communication; where someone drops the ball and misinterprets a radiology report or a pathology report leading to incorrect or improper treatment. A failure to diagnose is always significant, especially if the failure leads to the patient needing additional treatment that otherwise he would not have needed if the condition had been timely and properly diagnosed.

Surgery and anesthesia errors are always signficiant. Many of those mistakes lead to the patient needing additional corrective surgery, or possibly lead to an untimely and wrongful death. Having practiced personal injury law and medical malpractice law for almost twenty years now in the greater New York metropolitan area, I recognize that medical mistakes and errors happens with doctors that are board certified as well as doctors that are not board certified. There are excellent doctors who are well qualified, yet in some cases, those doctors may be careless and that carelessness may have caused significant harm to the patient.

Getting back to the original premise of this article: Are injured medical malpractice victims 'money-grubbing, selfish, health-care destroying' people? Or are they just stuck in the unfortunate position of having been the recipient of improper medical care that has now turned their life upside-down? You decide.

I hope that all of your medical care goes well and you do not need the services of an experienced medical malpractice lawyer practicing law here in the State of New York.

10/5/2008
Gerry Oginski
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NY MEDICAL MALPRACTICE-20 Reasons Not to Bring a Malpractice Lawsuit in New York

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. Remember, in any medical malpractice lawsuit in New York, your attorney must prove (1) wrongdoing, (2) that the wrongdoing caused harm, and (3) that the harm is significant and permanent. All three of those elements must be confirmed by a doctor who has either treated you, or evaluated your medical records. If any one of those elements is missing, then it will be difficult, if not impossible to bring a successful case on your behalf.

3. You do not have a long-term permanent injury or permanent disability.

This relates to element #3 discussed in the paragraph above. You might have suffered a minor injury from a doctor's or hospital's wrongdoing, but if the injury is not significant or disabling, most experienced NY medical malpractice lawyers will likely decline to handle your matter.

4. You think that if you sue your local hospital, you will not be allowed to return there for any additional treatment you may need.

In all likelihood, this is not true. A hospital cannot discriminate against you, even though you have sued the hospital for medical malpractice. They are obligated to treat every patient who walks into the emergency room. An issue might arise if you are going for elective treatment or surgery and the hospital is a private hospital that you have sued. In all probability, you will be able to continue receiving treatment at that hospital. In fact, defense attorneys like to make the argument "Can you believe this? Mr. Jones has sued our hospital, telling the world that our hospital did wrong by him. Yet he still returns to our terrible hospital for ongoing treatment of his current medical condition. What does that tell you about his trust in our cherished medical facility? He has no trust in our doctors and nurses, yet he continues to rely on them for his care and treatment."

5. You like your doctor.

Sure, who doesn't? Yet on a particular day, at a particular time, your physician may have departed from good and accepted medical care causing you permanent harm. Should your feelings toward the doctor affect your ability to decide whether you are legally entitled to be compensated for your permanent injuries? You must decide whether you are able to do this.

6. You are not interested in money.

Virtually every single person who comes into my office tells me this. Most come in because they want the doctor's license revoked, or they want to make sure this problem never arises again. It is only when the victim realizes the true extent of the injury do they realize that their suffering is worthy of compensation.

7. You think a lawsuit will make you rich.

Nobody ever got rich bringing a medical malpractice lawsuit seeking compensation. Newspapers love to publicize large verdicts because it generates polarizing feelings which in turn sell newspapers. What many papers do not often publicize is that most large verdicts are reduced on appeal. "Tort reformers" use those headlines of large verdicts to support their arguments that juries award "runaway verdicts" and the medical malpractice laws need to be changed. I will tell you that every single person who comes into my office has clearly said that they would rather have their health than any amount of compensation from a medical malpractice, wrongful death or accident lawsuit.

8. You think your lawyer will be able to settle your case quickly by pressuring the insurance company with their skills.

If a lawyer tells you they can get you a quick settlement in your medical malpractice case, I suggest you walk- no, run, in the other direction. Ask that lawyer how long they have been representing injured victims in medical malpractice cases in the State of New York. Ask that same lawyer how many insurance companies there are in NY that represent doctors and hospitals. Then ask how many years it takes to bring a medical malpractice lawsuit to a conclusion. I will tell you that I have been in practice almost 20 years in New York, handling accident and medical malpractice cases. Malpractice cases are NEVER resolved quickly. They are the most hard-fought cases. The defense lawyers are among the best in the business. The only time a malpractice case gets settled quickly is if there is no dispute about who caused the harm, and no dispute about the extent of the injuries and damages. I will also tell you that damages (the amount of money you might receive as compensation) are always hotly contested. Your lawyer's skills might be impressive. However, don't be too impressed by any promises to settle your medical malpractice case quickly. It simply will not happen.

9. You think your case is unique and the doctor's insurance company has never seen such injuries as yours.

This is wishful thinking. The insurance company has databases of every case that has ever been brought against the doctors and hospitals they represent. They know who the lawyers are. They know what similar cases have settled for. They know what juries award for similar injuries. An insurance company never has any incentive to settle a case unless the prospect of going to trial is much riskier than trying to settle prior to, or during trial.

10. Your friends will think you are a moral sinkhole for suing your doctor or hospital.

Are you really that worried about what your friends think? Do they sit home every day wondering when they'll be able to return to work and support their family? Do they have to have three corrective surgeries to get them up and walking again? Have they been to the rehabilitation facility like you have. Do they have to do all those painful exercises that teach you how to walk again? Will you be able to play sports again? I ask you again, are you really worried about what your friends think of you? Do they see what you have to endure every day and night? You decide.

11. You have enough money to make up for your lost wages while you were out of work recuperating.

Why should you have to use up your savings to pay your living expenses, when you believe the doctor or hospital caused your injuries? The wrongdoer is supposed to be held accountable for their actions. If they did the wrong thing, and now you are suffering for it, they are supposed to pay to compensate you. You should not be using your money.

12. You have enough money saved up to pay for all of your medical and hospital bills for the rest of your life.

Your medical bills may be very significant. What if your health insurance company will not pay for some or most of your bills? Do you think it is fair that you, the injured victim should have to pay these bills out of your own pocket? The person or hospital should pay for these expenses.

13. You know that you will always have a job, and therefore always have health insurance to help pay for your ongoing medical needs for the rest of your life.

If you believe this, then I have a bridge to sell to you.

14. You do not want your neighbors accusing you of bringing a "frivolous lawsuit."

This brings me back to what I said earlier- Do you really care what your neighbors think?

15. You know the doctor did something wrong, but you're just not the kind of person to sue, even though you are now blind because of the wrongdoing.

Many immigrants feel this way. They come to this Country with thanks and much gratitude for the opportunity to make a better life here in the United States, and especially here in New York. Despite these feelings, every person in the State of New York, regardless of whether you are an immigrant or a lifelong resident of this great state has legal rights. An injured victim's right to sue and seek monetary compensation is the fundamental backbone of our civil justice system.

16. The money you might receive will never make you "whole" again.

In our civil justice system in NY, money is the only way that we as a society can compensate an injured victim. We cannot put you back together again as if your injury never happened. It may not be a perfect system, but it is the best system we have.

17. A lawsuit will not bring back your wife.

That is true. However, it will compensate you and your family for her suffering and the pain she endured while alive. It will compensate you and your family for the financial loss that your family suffered after your wife died. It will compensate your family for the loss of a wife, mother and friend. Can you ever put a price on the value of a mother?

18. "What good will the money do for me?"

See paragraph 17 above.

19. "In my family, we don't do such things."

See paragraph 15 above.

20. "I don't want this to happen to anyone else, but I'd feel bad suing my doctor."

Compensation is designed to have a two-fold effect: (1) Compensate you for your actual damages and (2) Compel the doctor to change his or her ways. If your sole goal is to make sure that the doctor or hospital does not commit the same errors that caused you harm, then a lawsuit might not be the way for you to go. Rather, you might want to file a complaint with the department of health and have them investigate to determine if there was wrongdoing. Thank you for taking the time to become informed.

About Gerry:

Gerry Oginski is an experienced medical malpractice & personal injury trial lawyer practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau, Suffolk & Long Island and has been in practice since 1988.

He is a graduate of Touro College, Jacob Fuchsberg College of Law in Huntington, NY and he is admitted to practice law in New York and Connecticut. He started his legal career working for a defense firm on Wall Street representing doctors, hospitals and businesses who were sued. Four years later he felt the gravitational pull to represent injured victims of medical negligence and accidents. After doing defense work, he joined a personal injury law firm in Brooklyn, NY representing injured victims, and then four years later, joined forces with a large law firm in Queens, NY. While there, he was in charge of the medical malpractice department, and in 2002 opened his own office for the practice of law. His main office is located in Great Neck, Long Island, and he has affiliate offices in Brooklyn and Staten Island.

Gerry prides himself on knowing all the details of each case he handles. Cases are not handed off to associates. When a client calls, he doesn't need to check a file to determine what happened last on the client's case. He knows what happened, since he was the one who handled the matter.

Gerry has become a prolific writer and publishes a monthly newsletter full of legal news, fun trivia games, and a never-ending fictional story that has won him accolades with all who read his newsletter. In addition to his newsletter, he has produced and created an entire video library of instructional videos that help consumers learn about medical malpractice and accident law in New York.

Gerry welcomes all calls about any accident or injury from a doctor or hospital in the State of New York. He promises to give you a straightforward and honest answer about every question you ask. Take a look at his website, where he has over 200 FAQ's, free reports about medical malpractice, wrongful death and accident cases, actual testimony of doctors in cases he's handled, and an entire video library you really should see.

If that's not enough, take a look at his blog where he offers free information about medical malpractice and accident law and when you've finished reading his blog at http://nymedicalmalpractice.blogspot.com, jump over to his video blog where he has most of his videos posted at http://medicalmalpracticetutorial.blogspot.com - you'll be glad you did.

10/5/2008
Gerry Oginski
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New York Medical Malpractice- Failure To Supervise Leads To Re-Breaking Bone

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. He was told to follow up every few weeks to make sure the broken bone was healing properly.

This young man returned to the orthopedic clinic, as instructed, and each time he went, x-rays were taken. After x-rays were taken, the orthopedic resident reassured him that everything was healing properly. Six weeks after the initial injury, the patient had his cast removed. He was shocked at what he saw. His arm looked like a roller coaster. It was straight, then went up, curved, then went down and flat again. He asked the doctor whether this was normal. The physician told him that with physical therapy this would go away.

My client was not an educated man, yet he knew that no amount of physical therapy would make his bone go back into the correct position. He decided to seek another opinion of an orthopedist near his home. After additional x-rays and evaluation of the the original emergency room x-rays, this board-certified orthopedist concluded that this young man needed surgery to re-break the bone since it did not heal in the correct position. He would need a titanium plate, screws and pins to hold the newly broken bones together. This is known as an osteotomy (breaking the bone) and an open reduction with internal fixation. He would need to be put to sleep with general anesthesia and have a recuperation period of 6-8 weeks again.

This young man learned that his broken bone was never set properly. Had it been properly set when he was in the emergency room, he'd never have needed this additional surgery and wouldn't have to have his bone re-broken and then put back together with plates, pins and screws.

During this lawsuit, I had a chance to question the "Doctor" who treated my client in the emergency room. It turns out that this "doctor" was not a doctor at all. In fact, he was just a physician's assistant who was supposed to be supervised by the attending emergency room physician. Unfortunately for my client, this physician's assistant never asked his supervising physician to review the emergency room x-ray before or after he had set the bone to make sure it was done correctly. Even more amazing was that none of the orthopedic residents who evaluated this patient in the orthopedic clinic recognized that the x-ray was clearly abnormal and that the bone would not heal in the correct position.

Had the physician's assistant shown the original x-rays to his supervisor, in all likelihood, the supervising doctor would have recognized that the arm was not set correctly and would have re-set it again before casting the arm and sending the patient home.

This injury was totally preventable, and the attorney who represented the hospital recognized that fact during the litigation. I am pleased to report that this case was successfully resolved shortly before trial.

About Gerry:

Gerry Oginski is an experienced medical malpractice & personal injury trial lawyer practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau, Suffolk & Long Island and has been in practice since 1988.

He is a graduate of Touro College, Jacob Fuchsberg College of Law in Huntington, NY and he is admitted to practice law in New York and Connecticut. He started his legal career working for a defense firm on Wall Street representing doctors, hospitals and businesses who were sued. Four years later he felt the gravitational pull to represent injured victims of medical negligence and accidents. After doing defense work, he joined a personal injury law firm in Brooklyn, NY representing injured victims, and then four years later, joined forces with a large law firm in Queens, NY. While there, he was in charge of the medical malpractice department, and in 2002 opened his own office for the practice of law. His main office is located in Great Neck, Long Island, and he has affiliate offices in Brooklyn and Staten Island.

Gerry prides himself on knowing all the details of each case he handles. Cases are not handed off to associates. When a client calls, he doesn't need to check a file to determine what happened last on the client's case. He knows what happened, since he was the one who handled the matter.

Gerry has become a prolific writer and publishes a monthly newsletter full of legal news, fun trivia games, and a never-ending fictional story that has won him accolades with all who read his newsletter. In addition to his newsletter, he has produced and created an entire video library of instructional videos that help consumers learn about medical malpractice and accident law in New York.

Gerry welcomes all calls about any accident or injury from a doctor or hospital in the State of New York. He promises to give you a straightforward and honest answer about every question you ask. Take a look at his website, where he has over 200 FAQ's, free reports about medical malpractice, wrongful death and accident cases, actual testimony of doctors in cases he's handled, and an entire video library you really should see.

If that's not enough, take a look at his blog where he offers free information about medical malpractice and accident law and when you've finished reading his blog at http://nymedicalmalpractice.blogspot.com, jump over to his video blog where he has most of his videos posted at http://medicalmalpracticetutorial.blogspot.com - you'll be glad you did.

10/5/2008
Gerry Oginski
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BROOKLYN MEDICAL MALPRACTICE LAWYER PROVIDES MONTHLY UPDATES TO CLIENTS

Before you hire an attorney practicing 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. Many lawyers believe that if a client wants to know what is going on, they can call to find out. However, contrary to this thinking, I believe it is extremely important to keep clients informed about everything that is going on with their case, and to provide written updates on a regular basis.

Many clients think that if they do not hear from their attorney, then nothing is happening with their case, and their case is just lying around with nothing getting done. This is not always true. But if the client is not informed about what is happening, how are they to really know what is going on with their case? Most good, experienced medical malpractice lawyers who practice law in Kings County, also known as Brooklyn, make great efforts to keep their clients apprised of new developments in their case. There are many different ways to communicate with a client including, sending letters, calling, sending email, and in-office consultations. In my practice I make it a point of sending monthly updates to each and every client to let them know what is happening on their case.

Often, a lot of work is going on in their case that involves paperwork and motions to the court and exchanges of documents and authorizations for medical records. These are tedious but necessary things that go on in every case. I believe that clients are entitled and actually want to know what happens on a day-to-day basis on their case. They really are starved for information. In addition to monthly written updates, I will call clients when possible, and also email them to discuss the different stages of their case. I know lawyers who just do not have the time, energy, manpower or desire to send regular updates to their clients. As long as the client knows that, and is OK with it, then it is fine. However, I find that an informed client is a happier client and knows that I am actually working and thinking about their case.

10/4/2008
Gerry Oginski
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New York Medical Malpractice-More Examples of Malpractice

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.

Is it malpractice if a radiologist fails to tell a patient about a brain tumor that he clearly observed? What if the delay in telling the patient caused this patient to lose total vision in her eye that could have been prevented had she been operated on before the tumor cut off the blood supply to the optic nerve.

Is it medical negligence if a doctor in an emergency room ignores a patient's complaints of belly and back pain and never takes a pregnancy test and fails to recognize a pregnancy in the woman's fallopian tube causing it to rupture two days later?

Is it a medical mistake for a doctor doing laparoscopic surgery to fail to recognize that he perforated the patient's intestines during the surgery. Had the hole been recognized during the initial surgery, the patient would not have needed additional corrective surgery a week later.

What do you think about an emergency room doctor who, while sewing up a large laceration, ties off the patient's nerve instead of his artery, and fails to recognize the nerve injury until the nerve had died off.

Maybe this one will cause you to pause- a patient on dialysis complains to the nurse that he thinks his shunt (the place where they attach the dialysis tubing to his arm) is infected. The nurse poo-poo's the patient, and goes about her routine of setting the patient up for his three-hour dialysis treatment. The patient returns home and upon entering his home, his shunt, which is connected directly to his artery bursts open. Despite every effort to apply pressure to the open wound, the pumping artery is so forceful that the patient bleeds to death in minutes. Police arriving at the home thought they stumbled onto a murder scene. The unfortunate reality was that had the infection been recognized, the patient would have been admitted to the hospital, treated, and the shunt never would have ruptured leading to his death.

Is it malpractice for a doctor to fail to recognize fetal distress? Where a baby is about to be born, is it medical error for the nurses and doctors to ignore a patient to the point where the baby is not getting enough oxygen prior to delivery and no effort is made to get the baby out emergently?

How about the case of a woman who was told she would die from cancer if she did not have a hysterectomy? She was only 29 years old at the time. Unfortunately, after the surgery, the pathology showed no evidence of cancer anywhere. In other words, her hysterectomy was totally unnecessary.

Is it malpractice when an orthopedist continues to give medication to a patient for back and hip pain and never tells the patient the risks or side effects of the medication? The patient suffered a massive rupture of his gastric ulcer causing him to bleed to death. Had he known these side effects, he never would have taken this medication.

Do you think it is medical neglect when a young man goes for "simple, routine" hernia surgery and the patient dies because the anesthesiologist fails to recognize that he gave the patient too much anesthesia?

What common recurring theme is found in each of these cases?

Carelessness by a doctor or nurse. Naturally, the doctors and nurses did not intentionally make these mistakes and errors, yet they occurred because of inattention and carelessness. Each of the cases discussed above are real cases that happened in New York. Each victim had a story to tell. Each injury was different and affected each person differently. When asked, every injured victim would rather have their health than have to resort to a medical malpractice lawsuit seeking compensation.

Thanks for becoming informed.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 250 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. For more information, call him personally at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on New York Medical Malpractice & accident law.

Negligence Cases

11/26/2008
Gerry Oginski
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Injured Accident Victim Says "I Want You to Call the Insurance Company NOW!"

The prospective client walked into your office and tells you that she has all the records from her case. She spoon-feeds you which records she has: The police report, the ambulance report, part of the emergency room record and one physical therapy note. "Where are the rest of the records?" you ask. "Oh those, they're not important...anyway, my prior lawyer said this was enough to start a lawsuit in New York," says the eager-to-sign prospective client.

By now, two red warning flags should have gone up.

1. That this potential client had a prior attorney, and
2. That this potential client has only some of the records, and she feels, based on someone else's advice, that this is sufficient to proceed with a personal injury lawsuit in New York.

Now, having a prior attorney is fine. The question any attorney will want to know is: Why did you leave your prior attorney? The answer to that question will tell volumes. The second issue is why is the potential client feeding you certain records and not providing you with all of the records?

The nice woman sitting in your office chair tells you that under no circumstance are you to request records from her treating primary care doctor because "I left on bad terms, and I want nothing to do with him." She also tells you that she refuses to go for a physical examination by a doctor of the defense lawyer's choosing because "my medical condition is private and nobody is going to poke and prod me in my body when I'm complaining about an injury to my head and arm."

Can you guess how this conversation is going to go?

She next tells you that "I want you to get on the phone with the insurance company immediately, because the insurance company must surely know your excellent reputation and tell them they have to come up with a lot of money to settle my case, otherwise we'll take them to trial."

If you haven't guessed by now, this potential client is very demanding. The warning flags went up the moment she started telling the lawyer what SHE wanted done.

The bottom line is that when the client starts telling the lawyer how to handle her New York personal injury matter, there will be many problems. It is the lawyer's obligation to provide advice based upon his or her experience and knowledge. When the potential client simply will not listen or does not want to listen to the attorney's advice and directs how the case is to proceed, then you can easily envision significant problems down the road.

About Gerry:

Gerry Oginski is an experienced medical malpractice & personal injury trial lawyer practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau, Suffolk & Long Island and has been in practice since 1988.

He is a graduate of Touro College, Jacob Fuchsberg College of Law in Huntington, NY and he is admitted to practice law in New York and Connecticut. He started his legal career working for a defense firm on Wall Street representing doctors, hospitals and businesses who were sued. Four years later he felt the gravitational pull to represent injured victims of medical negligence and accidents. After doing defense work, he joined a personal injury law firm in Brooklyn, NY representing injured victims, and then four years later, joined forces with a large law firm in Queens, NY. While there, he was in charge of the medical malpractice department, and in 2002 opened his own office for the practice of law. His main office is located in Great Neck, Long Island, and he has affiliate offices in Brooklyn and Staten Island.

Gerry prides himself on knowing all the details of each case he handles. Cases are not handed off to associates. When a client calls, he doesn't need to check a file to determine what happened last on the client's case. He knows what happened, since he was the one who handled the matter.

Gerry has become a prolific writer and publishes a monthly newsletter full of legal news, fun trivia games, and a never-ending fictional story that has won him accolades with all who read his newsletter. In addition to his newsletter, he has produced and created an entire video library of instructional videos that help consumers learn about medical malpractice and accident law in New York.

Gerry welcomes all calls about any accident or injury from a doctor or hospital in the State of New York. He promises to give you a straightforward and honest answer about every question you ask. Take a look at his website, where he has over 200 FAQ's, free reports about medical malpractice, wrongful death and accident cases, actual testimony of doctors in cases he's handled, and an entire video library you really should see.

If that's not enough, take a look at his blog where he offers free information about medical malpractice and accident law and when you've finished reading his blog at http://www.nymedicalmalpracticeblog.com, jump over to his video blog where he has most of his videos posted at http://medicalmalpracticetutorial.blogspot.com - you'll be glad you did.

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Medical Malpractice

Wrongful Death Cases

Negligence Cases

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General

News

Library

Medical Malpractice

Wrongful Death Cases

Bicycle Accidents

Negligence Cases

Car Accidents

Practical Advice for New Yorkers

Actual Deposition Testimony of Doctors in Malpractice Cases

New York Injury Times- our new newsletter

General

Bicycle Accidents

Queens Bicycle Rider Hit By Car at a T Intersection-New York Accident Attorney Explains

Car Accidents

NY NEGLIGENCE LAWYER-The Large Law Firm Trap

New York Car Accident Victim Loses Settlement Money After Government Steps In

NEW YORK CAR ACCIDENTS-6 REASONS TO SUE THE DRIVER WHO HIT YOUR CAR

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

Medical Malpractice

NY Medical Malpractice - Informed Consent Trap - An Experienced Trial Lawyer Explains

A UROLOGY DISASTER IN NEW YORK; MEDICAL MALPRACTICE LAWYER EXPLAINS

A DENTAL IMPLANT NIGHTMARE- New York Dental Malpractice Lawyer Explains

NEW YORK MEDICAL MALPRACTICE-Are Injured Victims Money Hungry?

NY MEDICAL MALPRACTICE-20 Reasons Not to Bring a Malpractice Lawsuit in New York

New York Medical Malpractice- Failure To Supervise Leads To Re-Breaking Bone

BROOKLYN MEDICAL MALPRACTICE LAWYER PROVIDES MONTHLY UPDATES TO CLIENTS

New York Medical Malpractice-More Examples of Malpractice

Negligence Cases

Injured Accident Victim Says "I Want You to Call the Insurance Company NOW!"