Wednesday, March 7, 2012
Trial in NY: Why is the Defendant Doctor My First Witness? Attorney Gerr...
http://www.Oginski-Law.com
In a medical malpractice case in NY, you might expect that the first witness would be the injured victim. Not true. In fact, in most medical malpractice cases that go to trial, the injured victim is NOT the first witness.
Why is that?
You want the jury to understand the medicine first. You want them to understand the facts of the case first. You want the jury to learn what happened during each of their visits.
Patients often don't remember details of their exact visits. That's why we rely on the doctor and his records to explain to the jury exactly what complaints you made, what his examination consisted of and what his recommendations and plan were.
The only way to get that information is from the defendant doctor. That is why the doctor will usually be the very first witness.
Watch the video to learn more.
To learn more about how accident, wrongful death and medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.Oginski-Law.com.
If you have legal questions, pick up the phone and call me at 516-487-8207 or by email at lawmed10@yahoo.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207
lawmed10@yahoo.com
Friday, March 2, 2012
Missing Witness at Trial-Can You Comment on It During Summations?
http://www.Oginski-Law.com
The defense fails to call a witness at trial. Can you comment on that during summation?
The short answer is "Yes." Assume the defense has you examined by a doctor of their choosing to determine the extent and severity of your injuries.
Your case now comes on for trial and after you put on all of your witnesses to prove your case, the defense has an opportunity to put on their witnesses.
For some unexplained reason, they fail to call to testify the doctor who examined you during the litigation on their behalf. What can you do? What can you say to the jury during closing remarks about their failure to call this doctor?
Watch the video to learn more.
If you have legal questions, pick up the phone and call me at 516-487-8207 or by email at lawmed10@yahoo.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207
lawmed10@yahoo.com
Wednesday, February 29, 2012
Can a NY Jury Award You More Money Than You Ask For? Attorney Gerry Ogin...
http://www.Oginski-Law.com
Just because a lawyer asks for a certain amount of money in a jury trial in New York, does that mean the jury can only award what the attorney asks for?
You might be surprised to learn that the answer is "Yes, a jury can award you more than you ask for." A jury can award you what you request. They can also award you less.
The key to understand what a jury can do in a negligence, accident, medical malpractice or wrongful death case here in New York, is that they can literally award anything they want. Of course there are checks and balances that prevent runaway awards and inadequate awards.
Watch the video to learn more.
If you have legal questions, pick up the phone and call me at 516-487-8207 or by email at lawmed10@yahoo.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207
lawmed10@yahoo.com
Tuesday, February 28, 2012
Why Cardiologists Avoid Safe, Cheaper Treatment; New Study-Part II
Why Cardiologists Avoid Safe, Cheaper Treatment; New Study-Part II
After the 2007 COURAGE trial, the cardiology community was faced with a clear, yet unique alternative between two treatments for heart disease which attain similar results: either lay off of the costly PCI procedure (which accounted for 10% of Medicare's growth costs in the 1990s) and stick with basic medicine and lifestyle advice, or continue relying on PCIs.
Doctors haven't been biting. According to a study published last year, the rate of patients who were given PCIs only as a last resort before COURAGE was 44%. It was 45% afterwards.
It is true that the use of PCIs have been declining, but that could also be attributed to the decline in heart disease. There was also a study limited to northern New England, which recorded a decline of 5% in patients getting PCIs for stable angina.
However, doctors are generally averse to abandoning the PCI because (a) it does not hurt and (b) it allows the doctor to feel as though he or she has DONE SOMETHING. The reflex to 'do something' is a natural reaction when doctors see blocked arteries, regardless of the evidence against the procedure's efficacy. They also feel as though it would be easier to accept a death if it had followed a PCI rather than if it had followed inaction, which is what doctors consider medicine and lifestyle advice in the absence of PCIs.
MORE INFORMATION
If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I encourage you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
After the 2007 COURAGE trial, the cardiology community was faced with a clear, yet unique alternative between two treatments for heart disease which attain similar results: either lay off of the costly PCI procedure (which accounted for 10% of Medicare's growth costs in the 1990s) and stick with basic medicine and lifestyle advice, or continue relying on PCIs.
Doctors haven't been biting. According to a study published last year, the rate of patients who were given PCIs only as a last resort before COURAGE was 44%. It was 45% afterwards.
It is true that the use of PCIs have been declining, but that could also be attributed to the decline in heart disease. There was also a study limited to northern New England, which recorded a decline of 5% in patients getting PCIs for stable angina.
However, doctors are generally averse to abandoning the PCI because (a) it does not hurt and (b) it allows the doctor to feel as though he or she has DONE SOMETHING. The reflex to 'do something' is a natural reaction when doctors see blocked arteries, regardless of the evidence against the procedure's efficacy. They also feel as though it would be easier to accept a death if it had followed a PCI rather than if it had followed inaction, which is what doctors consider medicine and lifestyle advice in the absence of PCIs.
MORE INFORMATION
If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I encourage you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
Saturday, February 25, 2012
What is a Subpoena Duces Tecum? NY Medical Malpractice Attorney Gerry Og...
http://www.Oginski-Law.com
A subpoena is a document that compels someone to do something. It carries judicial weight. It formally commands someone to either appear in court or produce documents.
A personal subpoena is a judicial document that commands someone to appear in Court. A subpoena duces tecum is a document that commands someone to bring records into court.
There are many reasons why we use a subpoena to get records into court. There are also many rules governing how this document must be delivered and who can deliver it. In fact, there are people who specialize in delivering these documents. They are known as process servers.
Watch the video to learn what has to be done if you intend on serving a subpoena on a municipal (or city-owned) hospital in the 5 boroughs of New York City.
If you have legal questions, pick up the phone and call me at 516-487-8207 or by email at lawmed10@yahoo.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207
lawmed10@yahoo.com
Friday, February 24, 2012
Lack of Informed Consent; What is it? NY Medical Malpractice Lawyer Gerr...
http://www.Oginski-law.com
When a doctor does a surgical procedure on you, he is supposed to explain the risks, benefits and alternatives to the procedure. He is supposed to educate you so that you can make an intelligent decision about what your next course of action will be.
What happens though if the doctor does not provide you with sufficient information for you to make an educated decision?
You just might be agreeing to a procedure without knowing the risks or alternatives to the surgery. If you then suffer a complication or injury arising out of that surgical procedure you might wonder whether you should have had that procedure in the first place.
Watch the video to learn what we have to prove in a lack of informed consent claim in New York.
If you have legal questions, pick up the phone and call me at 516-487-8207 or by email at lawmed10@yahoo.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207
lawmed10@yahoo.com
Monday, February 20, 2012
What is an Expert Witness Reply in New York? Medical Malpractice Lawyer ...
http://www.Oginski-Law.com
When you bring a medical malpractice lawsuit in New York, as your case is approaching trial you are required to serve an expert witness response on the defense.
You must provide written notice that you have retained a medical expert. You must provide their credentials including where they went to medical school, where they did their internship and residency, as well as where they are licensed to practice medicine.
You are then required to detail the substance about what the expert is expected to testify to at trial.
Lastly, you must identify the basis for the expert's conclusions.
The purpose is so that the defense is not ambushed and has an opportunity to investigate and to prepare a defense toward this expert.
When the defense hires their own experts to testify, likewise, they must do the same thing and provide us with written notice of their experts.
Watch the video to find out whether these medical experts must be identified by name.
To learn more about how accident, wrongful death and medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.Oginski-Law.com.
If you have legal questions, pick up the phone and call me at 516-487-8207 or by email at lawmed10@yahoo.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207
lawmed10@yahoo.com
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