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Medical Malpractice

Common Causes of Medical Malpractice

Medical Malpractice AttorneyIn order to win a medical malpractice case in New York, your medical malpractice attorney must help you prove that your medical-related injury occurred as a result of the following factors:

1) That a medical professional responsible for your care deviated from the standard of care (negligence).

2) That the departure substantially caused and/or contributed to your injuries.

3) That the injuries you’ve suffered are permanent, significant, lessen your quality of life, limit your ability to work and earn a living and cause you long-term pain and suffering.

All of these conditions must be proven by an expert physician who has either treated you and can confirm each aspect of your case, or by an expert who has reviewed the records and can confirm each element of your medical malpractice claim. Read more below about the four most common causes of medical malpractice injuries, which include misdiagnosis, surgical error, infection and medication errors. You will also find information about New York’s statute of limitations on medical malpractice claims.

Misdiagnosis and Failure to Diagnose Illness

Medical MalpracticeOne of the most common causes of medical error occurs not when doctors actually do something, but when they don’t. Under the current HMO model of healthcare, doctors are often placed in positions where they must make monetary decisions about a patient’s health. The insurance companies encourage doctors to seek ways to save money wherever they can as they administer care, rewarding those who make the effort, and reprimanding those who don’t. In many cases, when doctors and medical specialists’ rates of service consistently cut into profit, insurance companies will offer only partial payment of claims or deny payment altogether, forcing doctors to write off surgeries, operations and examinations of patients as bad debt. Clearly, doctors have important incentives to play by their insurance company’s golden rules, the most important of which is thriftiness.

The most common cases of misdiagnosis occur when costly medical tests are skipped or when data from test results is overlooked or misdiagnosed as a less serious condition than it truly is. Doctors, surgeons and other healthcare professionals often fail to identify and diagnose a patient for an adverse health condition or illness. When this happens, the damage caused to the patient’s health becomes irreversible, leading to chronic pain, sickness or death that could have been prevented.

Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases where a doctor or medical specialist’s failure to diagnose a condition or illness led directly to a worsened condition or death. Many of his cases involved failure to diagnose dangerous but treatable illnesses, including failure to diagnose lung cancer, colon cancer, bladder cancer, brain tumors, pneumonia, periventricular leukomalacia, ischemia, asbestosis and mesothelioma.

Surgical Errors and Anesthesia Errors

Another drawback of healthcare under the HMO model is the pressure HMOs exert on doctors, surgeons, and medical professionals to work longer hours with less support, more patients and cases, higher insurance rates. While these conditions may save hospitals and insurance companies money in operational costs, they don’t bode well for the typical patient in need of high quality medical care. This increased stress only adds to one of most stressful professions

The healthcare profession has always been busy, but perhaps never more so than today, as many doctors, surgeons, nurses and medical specialists average 60 to 70 hour work weeks. First and second year residents of hospitals (the youngest and most inexperienced doctors) typically carry the largest workloads on a hospital’s medical staff, often facing sleep deprivation of more than 30 hours. To combat the significant stress that comes with the medical profession, many doctors and medical professionals succumb to substance and alcohol abuse.

Under these conditions, it’s easy to understand how so many fatal and injurious mistakes and errors occur everyday in our operating rooms throughout New York. Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases of surgical and anesthesia errors. Through his counsel, New York families have pursued compensation for surgical errors that resulted in blindness, hypoxic and anoxic brain injuries, torn and perforated organs, spinal cord injuries, paralysis and amputation. 

Don't take our word for it. Here's what one family had to say about Gerry: 

"We are very happy with the settlement that you obtained. This was a great accomplishment that was made possible by your dedication and experience. Your sincere and caring manner helped to make this experience easier than expected. We truly felt as though we were being helped by a good friend and this case was not just another file number. We would be happy to recommend you to anyone. You've been great! Thanks for everything." Victor & Lucianna Aiello, Brooklyn, NY.


As an attorney with extensive experience prosecuting cases for surgeries that pose significantly higher risks for patients, Gerry has extensive experience in cases involving surgery punctures, surgery perforations, and injuries that often occur during a colonoscopy, laparoscopy or laparotomy procedure. He has also represented injured victims in cases involving doctor error, malpractice or negligence in gynecology, obstetrics, orthopedics, gastroenterology, ophthalmology, cardiology, internal medicine, vascular surgery, dermatology, neurology, neurosurgery, plastic surgery, oncology, general surgery, emergency medicine, family practice, chiropractic errors, radiology, critical care medicine, pathology, anesthesiology, pediatrics, urology, dentistry and podiatry.

He has also handled numerous cases involving improper administration of anesthesia that have needlessly resulted in serious brain damage, paralysis and death for residents of New York.

Infections and Bleeding

During surgeries in operating rooms, maintaining a clean and sterile environment at all times is critical to preventing infection. The human body’s internal organs are extremely susceptible to infection during an operation, and failing to take the proper steps to ensure a sanitary operating room environment has often proven fatal to patients. Blood transfusion related injuries are also common, particularly when patients are given the incorrect blood type in emergency medical situations. Whenever possible, all patients should be closely monitored to prevent infection and excessive bleeding, but too often these basic precautions are neglected by surgeons, nurses and other hospital support staff.

Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases of medical malpractice due to infection and bleeding. Through his representation, New York families have successfully pursued compensation for doctor’s errors that have led to fatal and debilitating cases of infection in pregnancies and other types of surgery. If you or a family member has suffered due to an infection caused by a negligent medical professional, you deserve compensation. Call Gerry today.

Medication Errors

An increasingly common form of medical malpractice involves medication errors. Medication errors include incorrect medications, incorrect doses of medications, incorrect combinations of medications, or medications that the patient is allergic to. Medication errors also occur when the pharmacies or pharmacists filling a prescription give patients the wrong medicines.

Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases of medical malpractice due to medication errors. He has successfully represented residents of New York in cases against pharmacies, pharmaceutical companies and prescribing doctors, and if you live in New York, can help you with your medication error claim today.

New York’s Statute of Limitations on Medical Malpractice

In New York, you generally have 2 ½ years from the date of the malpractice incident within which to file a medical malpractice claim. However, there are certain exceptions. If the medical malpractice incident occurred at a municipal hospital or clinic, the time to file the claim is usually restricted to just 90 days from the date of the malpractice. In some cases, a knowledgeable attorney can help you apply to the court to file a late claim. Every medical malpractice case is different, and a knowledgeable attorney can help you weigh every legal option available to you. Contact Gerry today for a free consultation about your medical malpractice claim. 516-487-8207

Library for Medical Malpractice:

  • New York Medical Malpractice- Failure To Supervise Leads To Re-Breaking Bone   
    Description: A 'doctor' in a New York City emergency room set a fractured arm. Find out how his failure to have the x-rays reviewed caused the patient to need to have his bone re-broken two months later in a procedure known as an osteotomy. This 'doctor' turned out to be nothing more than a physician's assistant who had no business diagnosing this fracture; no business setting the bone; and no business telling the patient everything would be ok. The emergency room doctor never saw, examined or evaluated the x-rays that would have told him that the arm was not set properly. Read the article to find out what happened.
  • Top 20 Reasons Not to Bring a Medical Malpractice Lawsuit in New York   
    Description: Learn the top twenty reasons why you should not bring a medical malpractice lawsuit in NY. An experienced NY medical malpractice and wrongful death lawyer practicing law in Brooklyn, Bronx, Queens, New York City, Staten Island, Nassau, Suffolk and Long Island explains.
  • NY MEDICAL MALPRACTICE- Improperly Placed Suture Causes Permanent Nerve Damage   
    Description: Learn how a misplaced suture caused permanent ulnar nerve damage in a young, healthy man. Find out what happened to this young man that caused him to lose sensation and function in his hand. Preventable injuries are devastating for the injured victim. See what happened when the clinic residents had the opportunity to recognize the hand injury, yet failed to notice the ongoing injury that only got worse.
  • NY MEDICAL MALPRACTICE-Are Injured Victims Money Hungry?   
    Description: Find out whether injured medical malpractice victims in New York are 'money-grubbing, selfish, health-care destroying' people with nothing else on their minds. Learn from an experienced NY medical malpractice lawyer who explains what most injured victims really want. The answer may shock you.
  • NY MEDICAL MALPRACTICE-Fetal Distress, Hypoxia & Anoxia- A case report   
    Description: Learn from Gerry Oginski, an experienced New York medical malpractice attorney practicing law in Brooklyn, New York, Bronx, Queens, Staten Island, Nassau & Suffolk about a case involving the labor and delivery of a baby who had fetal distress, hypoxia and anoxia. Read why a lack of oxygen and fetal distress caused brain damage to a newborn baby resulting in permanent disabilities.
  • NY MEDICAL MALPRACTICE- They Missed the Brain Tumor Right in Front of Their Eyes   
    Description: Learn what happened to a woman who was taken to the emergency room, given the proper tests, had the tests properly interpreted, but nobody told her that the results were totally abnormal. Find out what permanent injury she suffered because of a clear gap in communication between the radiologist, the emergency room doctor and the patient. A preventable tragedy. Gerry Oginski, an experienced New York medical malpractice lawyer explains.
  • NY MEDICAL MALPRACTICE- Surgeon Cuts Optic Nerve Resulting in Permanent Blindness   
    Description: Learn what happened to a man who had "simple" surgery to correct a fracture in the bone around his eye. Find out what permanent injury he suffered because the eye doctor was inexperienced at this procedure and how this doctor inexplicably failed to recognize a tragic mistake. Gerry Oginski, an experienced New York medical malpractice lawyer explains.
  • NY MEDICAL MALPRACTICE-Anesthesia Errors Result in Brain Damage   
    Description: Learn why anesthesia errors for simple, routine procedures can turn deadly. Read about two examples of catastrophic anesthesia mistakes in New York as told by an experienced medical malpractice & accident attorney who practices law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk Counties.
  • NY MEDICAL MALPRACTICE- "If I Sue My Doctor For Medical Malpractice Will He Lose His License?"   
    Description: Learn from an experienced medical malpractice and accident lawyer who practices law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk counties whether a doctor who gets sued will lose his license to practice medicine.
  • NY MEDICAL MALPRACTICE- When is the worst time to be a patient in a hospital in NY?   
    Description: Learn when is the worst time of year to be in a hospital in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. Find out who is on duty at your local hospital during the summer months.
  • New York Medical Malpractice- So You Think You Have A Good Case?   
    Description: Learn what it takes to have a good valid medical malpractice case in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. Many people think that their case is a 'slam-dunk'. What you read will surprise you. Find out what it takes to have a 'good' case. Learn what skeletons will destroy your case.
  • New York Medical Malpractice- The True Cost Of Permanent Injuries   
    Description: Medical malpractice lawsuits are often criticized as being 'frivolous'. Yet, we do not hear much about how injured victims who have meritorious cases suffer because the true cost of their injuries are devastating. Economic losses are only one factor that creates tragedy upon tragedy. The non-economic losses are another factor that devastates an injured victim and their family. Read why the true cost of permanent injuries are so astronomical and devastating that they defy all possible arguments for "tort reform." Learn what the true cost of permanent injuries are from an experienced medical malpractice and accident lawyer who practices law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk counties.
  • Medical Malpractice- 7 Reasons Why Your Case Isn't Good Enough For a NY Malpractice Lawyer   
    Description: Learn why your case will be rejected by an experienced New York medical malpractice & accident attorney. Not every case is accepted. Learn what an attorney looks for when you walk in the door and describe the facts surrounding your potential injury case.
  • Medical Malpractice- 5 Reasons Preventing You From Calling a NY Medical Malpractice Attorney   
    Description: Learn 5 reasons why you may not want to call a New York medical malpractice and injury lawyer. Learn what stops some people from finding out about their legal rights when they've been injured in an accident or by a doctor or hospital.
  • Medical Malpractice- "I don't care what you say...I have a valid case!"   
    Description: Learn why a potential client simply didn't have a valid or timely case. Despite learning why this inquiring woman didn't have a valid case, she was absolutely insistent that she had a good case.Read the article to find out why.
  • Medical Malpractice- What is your life worth?   
    Description: Compensation is a debt that is owed to an injured victim. Learn what a life is worth. Learn what economic damages are in an accident and medical malpractice case. Learn what non-economic damages are and how they compare to economic damages. Only after learning what these damages are can you answer the question in the title "What is your life worth?"
  • Read a fascinating dental malpractice deposition [PDF]   
    Description: Read the deposition (de-identified) of a dentist in a fascinating dental malpractice case. Learn about dentistry and how a dentist answers key questions about claims that he failed to give the patient proper care.
  • DE-IDENTIFIED EBT OF ANOTHER ORTHOPEDIST IN HIP FRACTURE CASE [PDF]   
    Description: Read a de-identified deposition of another orthopedist in a failure to diagnose a hip fracture.
  • MY NEW YORK DOCTOR SCREWED UP MY BREASTS- DO I HAVE A CASE?   
    Description: You had breast reduction surgery to look better. You also had a tummy tuck. Your doctor said you'd look great afterward. The only problem is that you look worse. The doctor refuses to fix the problem unless you pay for the revision surgery. Your next call is to a New York medical malpractice lawyer to find out if you have a valid case against your plastic surgeon. Read what an experienced NY medical malpractice lawyer looks for when a potential breast surgery victim calls his office.
  • Confidentiality agreements in lawsuit settlements can be harmful, even deadly, to the public   
    Description: The prevalence of confidentiality or secrecy agreements is perhaps one of the least discussed and most fundamental problems with our civil justice system. At various stages of a lawsuit, a plaintiff suing a large corporation for causing serious harm will gain access to compelling information. If the parties decide to settle, there is a chance that all of this information, including that which implicates the corporation’s role in broader public health and safety hazards, will be kept secret under a confidentiality agreement. In participating in a settlement, the plaintiff signs away his or her ability to share information gained about the harm being committed, the settlement amount, and other valuable details.
  • Pain & Suffering - You Think You Have it Bad?   
    Description: Learn what pain and suffering really means. Any victim of an accident or hospital error or mistake experiences pain. Suffering is the limitation and disability that results from the pain. Read what pain and suffering means to an experienced New York medical malpractice attorney, and how it's used in a lawsuit to obtain compensation for an injury caused by wrongdoing.
  • Medical Malpractice - Your Child's Been Diagnosed With Brain Damage and Cerebral Palsy   
    Description: Learn how a baby can suffer brain damage at the time of birth. Fetal distress, hypoxia and anoxia are terms you need to know to learn about your baby's condition. Gerry Oginski, an experienced medical malpractice lawyer practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.
  • Medical Malpractice: You Walked Into The Hospital But Came Out Paralyzed- What Happened?   
    Description: Learn how feelings of anger, frustration and resentment can lead a distraught spouse to file a medical malpractice lawsuit in New York. Find out how an injured victim or their family can search for a medical malpractice lawyer that's right for them. Gerry Oginski is an experienced medical malpractice & accident attorney praciticing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk.
  • Medical Malpractice: My Baby Suffered Brain Damage? How is that possible?   
    Description: Learn how a baby can suffer brain damage at the time of birth. Gerry Oginski, an experienced medical malpractice lawyer practicing law in the State of New York explains.
  • Colonoscopy- "He Perforated My Colon, Do I Have A Case?"   
    Description: Learn whether a perforated colon during a colonscopy is evidence of malpractice in the State of New York. Gerry Oginski, an experienced NY medical malpractice & accident lawyer explains.
  • Bunions, Hammertoes & Bears...Oh My!   
    Description: Learn how improperly performed podiatry surgery for bunions, hammertoes and corns can have significant repercussions for your entire body. Gerry Oginski, an experienced New York medical malpractice & accident attorney explains.
  • Breast Cancer-"The Doctor Delayed My Diagnosis-Do I have a Case?"   
    Description: The doctor failed to timely detect your breast cancer even when you complained about a lump. Do you have a case? Learn whether there's a valid case as Gerry Oginski, an experienced NY medical malpractice & accident lawyer explains.
  • Secrets of a NY Medical Malpractice Lawyer   
    Description: Many potential clients ask their lawyer for medical advice about what treatments they should receive. There are some lawyers who actually advise their potential clients about the treatment they should receive.
  • 2 Questions Every New York Malpractice Lawyer Needs To Ask   
    Description: Learn what two questions every experienced medical malpractice lawyer in New York needs to ask a potential client. Gerry Oginski, an experienced medical malpractice & accident lawyer in the State of New York explains.
  • A MEDICAL MALPRACTICE VICTIM'S GUIDE TO COMPENSATION IN NEW YORK [PDF]   
    Description: Learn how a medical malpractice victim obtains compensation for their injuries in the State of New York. Gerry Oginski, an experienced medical malpractice & accident attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.
  • Video Tip: Medical Malpractice Trivia Game- Test Your Knowledge of NY Malpractice Law   
    Description: Think you know something about medical malpractice & accident law in the State of New York? Test your knowledge. Listen in as Gerry Oginski, an experienced medical malpractice & personal injury lawyer practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains. For more info, www.oginski-law.com
  • Video Tip: Common Defenses in NY Medical Malpractice Cases   
    Description: "We Didn't Do It" is one of the most common defenses used in medical malpractice cases. Learn what some other defenses are. Gerry Oginski, an experienced medical malpractice & personal injury lawyer practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.
  • Video Tip: 2 Questions Every NY Medical Malpractice Lawyer Needs To Ask   
    Description: Learn what two questions every NY malpractice lawyer needs to ask in order to evaluate your potential case.
  • Video Tip: You've Been Caught on Video- Can it destroy your case?   
    Description: Learn how surveillance video can destroy your injury or malpractice case. In some cases, it might even help your case. Gerry Oginski, an experienced medical malpractice & personal injury trial lawyer practicing in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.
  • Video Tip: Can You Get Away With A Little White Lie At Trial?   
    Description: Learn how distorting the truth, even slightly, can have disastrous consequences for your case. Gerry Oginski, an experienced medical malpractice & personal injury trial lawyer practicing in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.
  • Video Tip: How Do You Get Copies of Your Medical Records?   
    Description: Learn the step-by-step process of how to get copies of your medical records from your doctor or hospital. Gerry Oginski, an experienced medical malpractice & personal injury trial lawyer practicing in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.
  • Video Tip: Questions Never To Ask At Trial   
    Description: Learn what questions never to ask at a medical malpractice or injury trial in the State of New York. Gerry Oginski, an experienced medical malpractice & personal injury trial lawyer practicing in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.
  • Video Tip: What Never To Ask At a Deposition   
    Description: Learn what never to ask at a medical malpractice or personal injury deposition in New York. Gerry Oginski, an experienced medical malpractice & personal injury trial lawyer practicing in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.
  • Video Tip: Jury Selection in New York   
    Description: Learn what jury selection is and how it's used in medical malpractice and injury cases in the State of NY. Gerry Oginski, an experienced medical malpractice & personal injury trial lawyer practicing in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.
  • Video Tip: Caught on video! Gotcha- How it can ruin your injury case   
    Description: Learn how surveillance video can destroy your injury or malpractice case. In some cases, it might even help your case. Gerry Oginski, an experienced medical malpractice & personal injury trial lawyer practicing in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.
  • Video Tip: Telling A Little White Lie   
    Description: Learn how distorting the truth, even slightly, can have disastrous consequences for your case. Gerry Oginski, an experienced medical malpractice & personal injury trial lawyer practicing in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk explains.
  • Video Tip: How Does A Malpractice Lawyer Screen A Case?   
    Description: Learn how a New York medical malpractice lawyer screens a case to see if it has merit. Gerry Oginski, an experienced medical malpractice & injury trial lawyer practicing in Brooklyn, New York, Queens, Bronx, Staten Island, Nassau & Suffolk explains.
  • Video Tip: Common Blunders Attorneys Make   
    Description: Learn some common mistakes that lawyers can make, and be aware of them if they happen to you. Gerry Oginski, an experienced New York medical malpractice lawyer explains.
  • Video Tip: Why will someone refer a medical malpractice case to another attorney?   
    Description: Learn why most attorneys who handle other types of law will refer their New York medical malpractice cases to experienced medical malpractice attorneys. Gerry Oginski, an experienced New York medical malpractice lawyer explains.
  • Video Tip: Pharmacy Errors- Who's to blame when injury occurs?   
    Description: Pharmacy & medication errors are no laughing matter. Mistakes by pharmacists can cause serious harm. Gerry Oginski, an experienced New York personal injury & medical malpractice lawyer explains.
  • Birth Injury Cases- Shoulder Dystocia & Erbs Palsy   
    Description: Learn what shoulder dystocia is; how it is known to cause erbs palsy, klumpke's palsy and brachial plexus injury during birth. A New York medical malpractice & personal injury lawyer explains. Gerry Oginski, an experienced New York Medical Malpractice & Personal Injury lawyer explains.
  • Medical Malpractice - How to Become a Black Belt When Questioning a Doctor   
    Description: Learn how to be a black belt attorney when questioning a doctor at their deposition. Never give advance warning of what you intend to ask...
  • Cross-Examination Of An Expert Medical Malpractice Witness In An Erbs Palsy Case   
    Description: I had the privilege of questioning an expert in an erbs palsy case last week. In Federal Court the parties are permitted to question experts prior to trial in the form of a deposition (a question and answer session with the attorneys present).
  • 10 Misconceptions About New York Medical Malpractice Lawyers   
    Description: Misconceptions about New York Medical Malpractice Lawyers. Learn why most misconceptions are myth, and learn which are fact. A must read for anyone interested in malpractice.
  • Video Tip: Learn what a New York personal injury and medical malpractice lawyer does.   
    Description: Ever wondered what a personal injury or medical malpractice lawyer really does? Gerry Oginski, an experienced NY Medical Malpractice & Personal Injury lawyer explains.
  • Video Tip: Birth Injuries in New York- Are they preventable?   
    Description: Shoulder dystocia & excessive lateral traction on the baby's head during delivery have historically been known to cause permanent nerve damage to a baby. This is known as erbs palsy, klumpke's palsy, and also brachial plexus palsy. Gerry Oginski, an experienced New York medical malpractice & personal injury lawyer explains why this might be preventable.
  • How does a doctor "fail to diagnose a heart attack?"   
    Description: Learn what happens when a doctor fails to diagnose a heart attack. Gerry Oginski, an experienced New York Medical Malpractice lawyer explains.
  • Video Tip: Learn what a "Right of Subrogation" is and how it applies in almost every personal injury or medical malpractice case in New York.   
    Description: Learn what a "Right of Subrogation" is and how it applies in almost every personal injury or medical malpractice case in New York. Gerry Oginski, a personal injury and medical malpractice lawyer explains.
  • Video Tip: Medical Malpractice: Answers to your FAQ's   
    Description: Learn about Medical Malpractice in New York. Gerry Oginski, an experienced NY Medical Malpractice lawyer answers your frequently asked questions about malpractice.
  • Video Tip: What is Medical Malpractice?   
    Description: NY Medical Malpractice Lawyer Gerry Oginski defines what Medical Malpractice is. Learn more at his consumer-friendly website www.oginski-law.com
  • Video Tip: What is a deposition?   
    Description: Learn what a deposition is. Gerry Oginski is a New York Medical Malpractice & Personal Injury Trial Lawyer who explains what a deposition is and what it's used for.
  • Video Tip: What a Malpractice Lawyer looks for in a client   
    Description: Learn what an experienced medical malpractice lawyer looks for when a client comes in for help. Gerry Oginski, a New York Medical Malpractice & Personal Injury lawyer explains.
  • Video Tip: Lawyer Advertising- 10 Tips When Choosing a Lawyer from the Yellow Pages   
    Description: Learn about lawyer advertising & 10 Tips you need to know when choosing a lawyer from the Yellow Pages. Gerry Oginski, a New York Medical Malpractice & Personal Injury Lawyer explains.
  • Video Tip: Bankruptcy-Can You Start a Lawsuit If You've Declared Bankruptcy?   
    Description: Learn whether you can start a medical malpractice or personal injury lawsuit if you've declared bankruptcy. Gerry Oginski, a New York medical malpractice and personal injury lawyer explains.
  • Video Tip-7 Legal Phrases You Need To Know   
    Description: Learn about 7 Legal Phrases You've Heard about but never really knew what they meant. Gerry Oginski, a New York Medical Malpractice & Personal Injury Lawyer explains.
  • Video Tip: Do I Have To Be Examined By The Defense?   
    Description: Learn why you have to be examined by a doctor for the defense if you started a lawsuit. Gerry Oginski, a New York Medical Malpractice & Personal Injury Lawyer explains.
  • Video Tip: How You Know You Survived Medical Malpractice This Year   
    Description: Learn what it means to survive medical malpractice this year. Gerry Oginski, a New York Medical Malpractice & Personal Injury Lawyer explains.
  • Video Tip: Why Does My Case Take So Long?   
    Description: Learn why a medical malpractice case takes so long. Gerry Oginski, a New York Medical Malpractice & Personal Injury Lawyer explains.
  • Video Tip: Why do we need a medical expert?   
    Description: In a medical malpractice case in New York, learn why obtaining a medical expert is required to prove your case. Gerry Oginski, a New York medical malpractice & personal injury lawyer explains.
  • Video Tip: 10 misconceptions about medical malpractice lawyers in New York.   
    Description: Learn 10 misconceptions people have about medical malpractice lawyers in New York. Gerry Oginski, a New York Medical Malpractice & Personal Injury Lawyer explains.
  • Video Tip: Top 5 reasons why your case won't be accepted by a New York Medical Malpractice Lawyer.   
    Description: Learn the top 5 reasons why your case won't be accepted by a New York Medical Malpractice Lawyer. Gerry Oginski is a NY Medical Malpractice & Personal Injury Lawyer. Listen as he explains why your case may be rejected.
  • Video Tip: 10 reasons you shouldn't sue your doctor.   
    Description: Learn the top 10 reasons you shouldn't sue your doctor. Gerry Oginski, a New York Medical Malpractice & Personal Injury Lawyer explains.
  • Video Tip: Accidents- 5 deadly sins that could wreck your accident claim.   
    Description: Learn the 5 deadly sins that could destroy your accident claim. Gerry Oginski, a New York Medical Malpractice and Personal Injury Lawyer explains.
  • Video Tip: 10 Facts Your New York Lawyer May Not Tell You- Part 1   
    Description: Learn 10 Facts Your New York Medical Malpractice & Personal Injury Lawyer May Not Tell You. Gerry Oginski, a New York Medical Malpractice & Personal Injury Lawyer explains.
  • Video Tip: 10 reasons why most medical malpractice victims won't recover any money.   
    Description: Learn the top 10 reasons why most medical malpractice victims won't recover any money. Listen as Gerry Oginski, a NY Medical Malpractice Lawyer explains why this is true.
  • Video Tip: How to select a New York Medical Malpractice Lawyer   
    Description: Listen as Gerry Oginski, a New York Medical New York Medical Malpractice attorney Gerry Oginski guides you step by step on how to select a Medical Malpractice Lawyer.
  • Video Tip: 10 Facts Your Attorney May Not Tell You-Part 2   
    Description: Learn about 10 facts your medical malpractice & personal injury lawyer may not tell you when you walk into his office. Gerry Oginski, a New York Medical Malpractice & Personal Injury Trial Lawyer explains.
  • Video Tip: Medical Malpractice Lawsuits- How they work   
    Description: Learn how medical malpractice lawsuits in New York work. Gerry Oginski, a NY Medical Malpractice & Personal Injury Lawyer explains the nuts and bolts of how a malpractice case works.
  • Medical Malpractice & Personal Injury Law in New York [PDF]   
    Description: Read Attorney Gerry Oginski's original articles about medical malpractice & personal injury law that have been published online. It's riveting reading! Everything you need to know about Medical Malpractice & Personal Injury Law before ever walking into an lawyer's office.
  • Medical Malpractice - How to Become a Black Belt when Questioning a Doctor   
    Description: Learn how to be a black belt attorney when questioning a doctor at their deposition.
  • How to Become a Medical Malpractice Lawyer in New York   
    Description: Becoming a medical malpractice lawyer in New York takes experience and practice. Learn what's involved.
  • Read a new special report that exposes the hoax of the "medical malpractice crisis." [PDF]   
    Description: Read a telling report about exposing the hoax of the "medical malpractice crisis." This special report, by 'Public Citizen' reveals a lack of attention to patient safety, the high incidence of preventable medical error and the lack of accountability for a small set of doctors. An important read for anyone interested in medical malpractice matters.
  • Medical Malpractice: 10 Reasons Why You Should Call A Lawyer   
    Description: Learn why a medical malpractice lawyer can provide important information about your potential case. Learn why it's important to speak to a medical malpractice lawyer soon after being injured to protect your rights. Become an informed consumer.
  • MEDICAL MALPRACTICE- 10 REASONS WHY YOU SHOULDN'T SUE YOUR DOCTOR [PDF]   
    Description: Learn the 10 reasons why you shouldn't sue your doctor- (1) You like your doctor, (2) What good will the money do for you? (3) Your doctor's reputation will be tarnished, (4) Your doctor will be banished from his community, (5) Your doctor will shut his medical practice, (6) Your doctor may lose his license, (7) Your doctor may alter your records, (8) Your doctor may apologize and tell you it was all a mistake, (9) Your friends and family may think you're a gold-digger, (10) Your injuries aren't that disabling.
  • MEDICAL MALPRACTICE STUDY- Disproving frivolous myth   
    Description: A medical malpractice study was released that clearly demonstrates that our current tort system is working quite well in ensuring that the vast majority of cases have valid claims and that frivolous or nonmeritorious malpractice cases are rarely brought and hardly ever result in damages being unjustly paid.
  • Gerry to lecture at the New York City Bar Association on Medical Malpractice [PDF]   
    Description: Gerry will be lecturing at the New York City Bar Association next month on medical malpractice issues that young attorneys need to learn about.
  • Let’s Set the Record Straight about Ob/Gyns in New York State [PDF]   
    Description: The American College of Obstetricians and Gynecologists (ACOG) has recently issued materials containing misleading information about the civil justice system. ACOG inaccurately describes everything from jury awards to the availability of doctors in New York State.
  • A Study By The US General Accounting Office- Medical Malpractice Insurance [PDF]   
    Description: A Study By The US General Accounting Office- Medical Malpractice Insurance

    Read what the GAO found...
  • 7 Ways You Know You Survived Medical Malpractice in 2006   
    Description: 7 Ways You Know You Survived Medical Malpractice in 2006; You're alive, you can talk, you can walk, you can eat, you can see, you can tie your shoes and you can recognize your family.
  • New York State Releases Latest Report on Hospital and Surgeon Cardiac Surgery Outcomes [PDF]   
  • New York State Releases Latest Report on Angioplasty [PDF]   
  • Mammography Screening—Both Good and Bad News   
  • Learn what top 5 items will get your medical malpractice case rejected by a New York Medical Malpractice Attorney   
    Description: Learn what top 5 items will get your medical malpractice case rejected by a New York Medical Malpractice Attorney
  • Learn the top 10 things you need to know when choosing a medical malpractice and personal injury attorney   
    Description: Learn the top 10 things you need to know when choosing a medical malpractice and personal injury attorney
  • Medical Malpractice- Special Report - Why Most Medical Malpractice Victims Won't Recover A Dime [PDF]   
    Description: New York medical malpractice and personal injury lawyer Gerald M. Oginski represents residents of Brooklyn, Bronx, Queens, Manhattan, Staten Island and Nassau and Suffolk Counties who have suffered injuries or death. This special report discusses Gerry's experience working with people injured as a result of medical malpractice, surgical errors, failure to diagnose cancer, medication errors and hospital mistakes. Retaining Gerry to review your medical injury case gives you the advantage of a solo practitioner determined to get you best results for your injury. If you live in the New York metropolitan area or the surrounding counties, and you've been injured, call Gerry today.
  • Medical Malpractice Deposition Techniques and Strategies [PDF]   
    Description: Deposition strategies and questions to ask when questioning a doctor in a medical malpractice case.
  • Profiteers of Fear: The Not-So-Secret Agenda of the Health Insurance Industry   
    Description: New York medical malpractice lawyer Gerald M. Oginski represents residents of Queens, Brooklyn, Bronx, Manhattan, Staten Island and Nassau and Suffolk Counties in cases of doctor and hospital negligence involving misdiagnosis, surgical error, anesthesia error, infection and prescription errors.

Frequent Questions for Medical Malpractice:

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The material on this website is for informational purposes only. Mr. Oginski practices law exclusively in the State of New York. We do not practice law in any other State. Please do not send any written materials to this office until you have spoken and/or communicated with us. We cannot consider you a client until such time as we have consulted with you, and met with you personally. Since all cases are different and legal authority can and does change, it is important to remember that prior results cannot and do not guarantee similar outcomes with respect to any future matter in which any lawyer or law firm may be retained. To the extent that this website discusses past cases the firm has handled, or in any way mentions the firm or its services, New York courts may deem this to be attorney advertising.

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