You Omitted Telling Your NY Lawyer About a Skeleton in Your Closet...Can it Hurt Your Injury Lawsuit?

NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

There are some things you would prefer to keep private.

You choose to 'accidentally' forget to tell him about your DUI conviction. You neglect to tell him you have declared bankruptcy just a few months earlier. You forget to tell him some other legal problems in your history.

Can these omissions hurt you during your litigation?

Keeping things from your attorney is never wise.

Watch the video to learn why...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.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

Email: Gerry@Oginski-Law.com

Why Can I Ask Doctor Hypothetical Questions at Trial in New York

Why Would You Want to Ask Doctor Hypothetical Questions at Trial?

NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

I am permitted to ask the defendant doctor hypothetical questions in a medical malpractice lawsuit here in New York.

"Doctor, I want you to assume the following facts to be true..."

"Assuming that those facts are true, would you agree that a doctor who treated a patient this way...that would be a departure from of the standard of care?"

The doctor is required to answer hypothetical questions during pre-trial testimony and at trial.

If the jury determines that our set of facts is more likely right than wrong, the jury will already have heard from the doctor's own words that it was a violation from the standard of care if our version of the facts are correct.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.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

Email: Gerry@Oginski-Law.com

Doctor, I Want You to Assume That These Facts Are True...Would You Now Agree..."

"Doctor, Assume the Following Facts Are True..."

NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

Asking hypothetical questions in a medical malpractice case in New York is extremely important. It is critical to ask the doctor who is being sued hypothetical questions during his deposition testimony, also known as pre-trial testimony, as well as at trial. The same applies for a medical expert who testifies at trial.

A hypothetical question asks the doctor to assume that certain facts are true.

The doctor does not have to agree with the facts in the question, but must assume that those facts are true.

"Doctor, if those facts are true, would you agree that the failure to do ABC would be a violation of the standard of care?

Here's why this is so important.

If it turns out that the jury believes that our set of facts are more likely right than wrong, then now the doctor has given damaging testimony in favor of our side.

Listen in to a recent story involving a doctor I was questioning who refused to accept the facts that I presented in a hypothetical question to him.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website‬.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.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

Email: Gerry@Oginski-Law.com

Does Your Medical Expert Need to Be Officially Recognized by the Court to Testify as a Medical Expert?

NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

You would think that if a doctor has good credentials, he would not need to get judicial approval before being allowed to testify as a medical expert in New York.

Years ago, that's exactly what a medical expert would be required to do before he could testify as an 'expert'.

This would show to the jury and the judge that the doctor was well-qualified and certified to testify as an expert in his particular topic.

That's less relevant with today.

Instead, most judges in New York, if and when asked to have a medical expert judicially recognized as being an authority in his field, will simply tell the jury that the jury's interpretation of what weight to give to this expert's qualifications and it is within their realm of how much weight and credibility to give to this witness's testimony about the facts in this case.

Some judges will still permit this however and will officially recognize a doctor as a medical expert in that courtroom. However, that does not usually happen today.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.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

Email: Gerry@Oginski-Law.com

Can Attacking a Medical Expert at Trial Backfire on You?

NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

At trial I have an opportunity to cross-examine defense medical experts. Cross examination is an opportunity for me to get to the truth of what the doctor is testifying about.

There are many times where I'll need to ask difficult questions in order to show to the jury whether this medical expert is an unbiased witness or simply a hired gun.

There are many times where I'm presented an opportunity to push the medical expert's buttons during cross examination.

What do I mean?

Just hard and important questions to show whether or not he is biased and is truly coming in to give testimony, regardless of whether it helps or hurts the side that has hired him.

There is however a potential downside to attacking the expert continually.

The jury may feel I'm beating up the doctor unnecessarily.

If that happens, there is the potential that the jury would start to feel bad for the doctor and turn against me and my client.

There is the potential that attacking a well-respected doctor for no true reason could hurt my client and his case.

There is also opportunity for righteous indignation. But if the attorney steps over those boundaries, and everyone in the courtroom will know it when it happens, that can be a dangerous tactic that could easily backfire.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website‬.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.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

Email: Gerry@Oginski-Law.com

Should an Attorney Ask For Money During Opening Remarks

How Much to Ask For During Opening Argument in a Medical Malpractice Case in New York?

NY Medical Malpractice & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

During opening remarks in a medical malpractice case, you may be wondering if your attorney will ask the jury to come back with an award of a specific amount of money during the opening statements.

If you were to ask the jury for a monetary award during opening remarks, the jury will not yet had an opportunity to hear about your injustice. They have not built up a sense of who is right and who is wrong.

It is presumptive to ask a jury during openings to think about awarding you millions of dollars since you have no real basis to do so. The jury will not have a full understanding of what you are basing your request on and this tactic could backfire on you badly.

Plus, if you are unable to fully prove your case, you will likely have hurt your credibility.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.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

Email: Gerry@Oginski-Law.com

Your New York Medical Malpractice Jury is Deadlocked-What Happens Next?

Gerry's Educational Medical Malpractice Website
New York Medical Malpractice Trial Attorney
516-487-8207
lawmed10@yahoo.com

You brought a lawsuit for medical malpractice here in New York seeking compensation for your injuries.

It is now time for the jury to go back and deliberate and come to a verdict.

You've been waiting hours and days and finally, the clerk lets you know that the jury has a note and they are deadlocked.

What happens next?

Declaring a mistrial wastes everybody's time, effort and money and fails to accomplish the entire purpose of proceeding to trial.

Find out what happens if the jury is still deadlocked after getting the first instruction from the trial judge. Does the judge declared a mistrial? Does he send them back to continue deliberating?

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6

To learn more about how 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, I invite you to 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

Email: lawmed10@yahoo.com
Twitter: @GerryOginski

Can the Defense Lawyer's Video Surveillance of You Help You Win Your New York Case?

Gerry's Educational Medical Malpractice Website
New York Medical Malpractice Trial Attorney
516-487-8207
lawmed10@yahoo.com

When you bring a lawsuit for an accident case or a medical malpractice case in NY, it is likely that the defense will hire a private investigator to track you on video.

They want to make you out to be a liar.

You should know that the defense is fully within their right to try and obtain video to catch you doing something you claimed you are unable to do.

However, it is our job to point out to the jury that a surveillance video clearly failed to capture you with all the pain and problems you experience on a daily basis in your own home.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.

If you have legal questions, I invite you to 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

Email: lawmed10@yahoo.com

Can You Settle Your NY Medical Malpractice Case While Jury is Out Delibe...

Gerry's Educational Medical Malpractice Website
New York Medical Malpractice Trial Attorney
516-487-8207
lawmed10@yahoo.com

You've taken your case to trial. You've had closing arguments by both sides. The judge has instructed the jury on the law in New York and the jury has gone into the jury room to begin deliberating.

Can you settle your medical malpractice lawsuit while the jury is deliberating?

The answer is "Yes."

However, you're taking a gamble doing so. The jury may come back and award you more than what you're willing to settle for. The jury may award you less than what you are thinking of accepting as a settlement offer.

The inherent problem with taking a jury verdict is the uncertainty associated with the outcome. Neither side knows what the jury will do.

Watch the video to learn more about what is a hi-low agreement...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.

If you have legal questions, I invite you to 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

Email: lawmed10@yahoo.com

Why Most Young Defense Attorneys Have Difficulty Asking the Right Questi...

Gerry's Educational Medical Malpractice Website
New York Medical Malpractice Trial Attorney
516-487-8207
lawmed10@yahoo.com

It's inevitable that when you're starting out your law career you don't exactly know what questions are relevant and what questions are not when asking an injured victim questions at their pretrial question and answer session, also known as a deposition.

Who do you think is sent to question an injured victim in order to obtain their pretrial testimony?

The answer is the most junior associate in the defense law firm. That's what usually happens.

A young associate typically comes to the question and answer session with a stack of typewritten questions. They ask those questions whether they are related to the case or not. It is often frustrating to sit through a lengthy question and answer session when the questions being asked bear little or no relationship to the claims being raised.

What can be done to prevent this from happening?

The answer is "Very little."

This process is known as "Discovery." The defense attorney has a legal right to ask many different questions of the injured victim. Even if questions are unrelated to the claims in the case, the defense attorney may still be able to ask it, over objection, since the answer may lead to further areas of discovery that he is entitled to probe.

The more experienced trial attorneys know exactly which questions are relevant and which ones are not. They do not spend time on issues having nothing to do beyond the critical components necessary to prove or defend their claims.

However, the junior associates do not yet have the experience necessary to truly understand which questions should be asked and which ones should not be asked.

Most defense attorneys need many years of experience before they are permitted to try cases where they represent doctors or hospitals. This is done to ensure that the defense lawyers who represent the doctors and hospitals are knowledgeable and very experienced defending cases.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.

If you have legal questions, I invite you to 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

Email: lawmed10@yahoo.com

What Happens if Your Treating Doctor Refuses to Testify in Your New York...

Gerry's Educational Medical Malpractice Website
New York Medical Malpractice Trial Attorney
516-487-8207
lawmed10@yahoo.com

You brought a lawsuit seeking compensation for medical negligence against a doctor or hospital that treated you. You suffered injuries because of wrongdoing.

Your treating doctor has been very cooperative and very friendly with you from the beginning. He told you he wants to help you as much as possible.

Yet your treating doctor wants nothing to do with your litigation.

What do you do now?

It is always preferable to have your treating doctor come to court and testify in your behalf. He is the best person who is able to tell the jury what problems you have had, what treatment plan he developed, what treatment he provided to you and what your prognosis is for the future.

Your treating doctor is literally in the best position to explain these things since he has personally seen you, talked to you and observed what is going on with you over time.

This scenario is not unusual where the treating doctor refuses to come into court and testify. There are a number of reasons for this.

(1) The majority of treating physicians do not want to spend their day in court away from their busy medical practice.

(2) Most physicians simply want nothing to do with the litigation process and do not want to be seen amongst their colleagues as having helped an injured victim who brings a lawsuit against their colleague.

If your treating physician refuses to come in and testify in your behalf, there is a way for us to subpoena him into court and compel him to testify. However, he will likely be hostile if you do this. That does not make a great impression with the jury.

An alternative is to retain a qualified medical expert to review all of your records and then discuss with the jury what he has read and interpreted. This is the next best thing to having your treating doctor coming and testify.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.


Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.

If you have legal questions, I invite you to 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

Email: lawmed10@yahoo.com

What is a Lump Sum Payout? NY Medical Malpractice Attorney Gerry O...

Gerry's Educational Medical Malpractice Website
New York Medical Malpractice Trial Attorney
516-487-8207
lawmed10@yahoo.com

What exactly is a lump-sum payout?

It means that you receive your settlement proceeds from your medical malpractice case, your accident case or your wrongful death case in New York in one payment. This will typically happen when you settle your case prior to trial.

If you bring a medical malpractice case, and your matter goes all the way to trial and a jury renders a verdict in your favor, the law provides that you will only receive a small percentage of your award in a lump sum payment. The remaining amount of money is then to be paid out over many years. That's known as periodic payments.

As a way to prevent injured victims and their families from quickly losing all their money, it is a self-protective method to receive payments periodically over the course of many years or your lifetime.

There have been studies done tracking people who received large amounts of money, whether by lottery, jury verdict or settlement who have squandered away their money within five years from receiving it.

Your goal when receiving a settlement or jury verdict award is to use that money to help get your life back on track and to invest the capital in a safe and responsible manner.

Watch the video to learn more...

Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.

Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.

To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.

If you have legal questions, I invite you to 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

Email: lawmed10@yahoo.com
Twitter: @GerryOginski