tag:blogger.com,1999:blog-14763953809654848912012-06-22T09:39:06.669-04:00NY Medical Malpractice Video TutorialsClick on the free videos below to learn about different topics relating to medical malpractice and accident cases here in New York. Listen in as Gerry Oginski, an experienced Medical Malpractice and Personal Injury lawyer practicing in Brooklyn, Bronx, Queens, New York, Long Island, Staten Island, Nassau &amp; Suffolk explains. For more info go to http://www.oginski-law.com. Gerry can be reached at 516-487-8207. [Attorney advertising]Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.comBlogger356125tag:blogger.com,1999:blog-1476395380965484891.post-36823371879348719522012-06-22T09:35:00.001-04:002012-06-22T09:39:06.683-04:00Why Would an Attorney Call for a Mistrial & What Does That Mean? Malprac...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/IiU0ZP9hdbY?fs=1" width="425"></iframe><br /><br /><a href="http://oginski-law.com/">Oginski-Law.com</a><br /><br />New York medical malpractice and personal injury trial attorney Gerry Oginski talks about what a mistrial is and why an attorney would ask for a mistrial. <br /><br />The last thing you want to hear when going through a trial is that you have to do it over again. <br /><br />Trials take a lot of time, effort, and resources. It's a long process. But sometimes a mistake is made in the trial and it needs to be redone. This is not a common occurrence as much as you hear it on television. <br /><br />Retrials cost money and time. There must be a good reason to declare a mistrial. Maybe the jury heard something that cannot be recovered from, they're now tainted.<br /><br />Maybe the jury can't make a decision and are deadlocked. There are several reasons why a mistrial can be called, but those are the two most common. The decision for a mistrial must be given by a judge and all the factors -- money and time of all parties -- are considered when agreeing to another trial proceeding. <br /><br />Watch the video now to learn more.<br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.oginski-law.com%e2%80%ac/">educational website</a>, where you can download one of our free eBooks. If you have legal questions, I encourage you to call me at (516) 487-8207. This is what I do every single day and I welcome your call.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: @GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-3682337187934871952?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-48595722846918484322012-06-19T15:58:00.001-04:002012-06-22T09:37:36.873-04:00Sir, There's a Hole In Your Eye! "How Could That Be?"; NY Medical Malpra...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/xiD5L1uV774?fs=1" width="425"></iframe><br /><a href="http://www.oginski-law.com/" target="_blank">Oginski-Law.com</a><br /><br />Today's video involves a gentleman who was working as a laborer who went to go buy supplies to fix up a home. Something got into his eye and despite washing it out, he continued to have pain and tearing.<br /><br />He was taken by ambulance to a local emergency room here in New York and was seen and examined by a white coated woman who proclaimed she was a "doctor." The patient had specifically asked for an eye doctor and she reassured him that she knew what she was doing.<br /><br />She examined him and came to the conclusion that he just had a scratched cornea and all would be fine. She handed him some eye drops and told him he could follow up with an eye doctor in a few days if his condition got worse.<br /><br />He called the eye doctor and two days after his accident was sitting in the eye doctor's office and these were the words he heard: "Sir, you have a hole in your eye. You need surgery immediately."<br /><br />He responded, "What do you mean I have a hole in my eye? I was told I only have a scratch on my cornea!"<br /><br />Watch the video to learn more.<br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.oginski-law.com%e2%80%ac/">educational website</a>.<br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-4859572284691848432?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-90770149353905313432012-06-18T22:54:00.001-04:002012-06-18T22:56:40.715-04:00Kidney Donor Transplant Death at Montefiore Medical Center, Bronx, NY; S...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/HbMRWtlTMdU?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">Oginski-Law.com</a><br /><br />A sister agreed to donate her kidney to her brother at Montefiore Medical Center in the Bronx. As they were getting her ready to harvest the kidney, her aorta was cut. The sister bled to death before the team had an opportunity to remove the kidney and transplant it into her brother.<br /><br />Just a tragedy.<br /><br />The key question in a case like this is whether cutting the aorta during the course of harvesting the donor's kidney is a known recognized risk of the procedure.<br /><br />The key question is often whether the surgeon is able to timely recognize, diagnose and treat such a dramatic problem.<br /><br />Since the aorta is the largest blood vessel in the body, there is the potential the patient will bleed to death if this condition is not immediately recognized or if the damage is originally so severe that it cannot be repaired.<br /><br />The news reports reflect that the patient did in fact bleed to death before the kidney was harvested.<br /><br />Watch the video to learn more.<br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm"><br />Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a> <br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.oginski-law.com%e2%80%ac/">educational website</a>.<br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-9077014935390531343?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-19767713578891493612012-06-17T14:48:00.001-04:002012-06-17T14:49:39.114-04:00You Need a Medical Malpractice Attorney; Guess What? He's Deciding If Yo...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/3JcIERdxu_U?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">Oginski-Law.com</a><br /><br />You are looking to hire an attorney for your accident case, your medical malpractice case or maybe even your wrongful death case in New You make an appointment to meet with the attorney to decide if he is the right lawyer to represent you.<br /><br />What you may not know, is that the attorney is actually looking to see whether you are the right client for him.<br /><br />If I know at the outset that we are not going to get along, I will not accept you as a client.<br /><br />I also need to know whether your story has a ring of credibility and truth to it. If not, I will tell you about that problem and that may disqualify you from becoming a client in my firm.<br /><br />Another important factor to consider is whether you are demanding and do not have an open mind. If you attempt to control what I do and believe you have more knowledge and experience handling these types of cases, then you may not be the ideal client for me.<br /><br />Although you were coming into the office to determine whether I am the right lawyer for you, often it is as if you are applying for job to determine whether I will accept you as a trusted client in my office.<br /><br />Watch the video to learn more.<br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm"><br />Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><a href="http://ow.ly/azKg6"><br />Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.blogger.com/%E2%80%AAhttp://www.Oginski-Law.com%E2%80%AC.">educational website</a>.<br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-1976771357889149361?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-42670313106856101752012-06-17T08:37:00.001-04:002012-06-17T08:37:30.386-04:00Asheville Attorney explains gallbladder surgery malpractice (Mark's Vide...<iframe allowfullscreen="" frameborder="0" height="270" src="http://www.youtube.com/embed/1YslNvvBNFs?fs=1" width="480"></iframe><div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-4267031310685610175?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-55377995316360714832012-06-04T08:33:00.001-04:002012-06-04T08:35:18.818-04:00Injured Victim Wins Settlement, Fixes Problem; Suffers Stroke & Tells NY Trial Attorney, "You Were a Miracle"<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/Vbb5p3JcX40?fs=1" width="425"></iframe><br /><br /><a href="http://www.blogger.com/%20http://www.Oginski-Law.com">Oginski-Law.com</a><br /><br />Listen to what happened to Arthur; a gentleman who traveled from Massachusetts to Queens, New York for dental care. This was a task that caused him to drive over 400 miles every time he went to his dentist.<br /><br />This doctor convinced Arthur that it would be to his benefit to have almost all of his teeth extracted and then put in dental implants. <br /><br />Arthur agreed to have almost all of his teeth in his mouth removed. One day the doctor simply disappeared. The doctor could not be found. Calls to his office went unanswered. Weeks later, the front page of the New York Post reported exactly what happened to this doctor.<br /><br />Turns out, his business literally went up in flames. Rather than notifying all his patients that he was immediately stopping practice and giving them options on how to continue their treatment, he simply abandoned his patients and literally left them high and dry.<br /><br />Today's story is about Arthur who wrote the most incredible letter that you need to listen to. Here's Arthur's letter:<br /><br />"Dear Mr. Oginski,<br /><br />Although a lot of time has passed since you handled my case, I wanted to leave this testimonial, which I hope you will use in your advertising out of my appeciation:<br /><br />"I am a former client of Mr. Oginski.<br /><br />I would recomend him and his entire firm to anyone who is in need of a personal injury lawyer. Several years ago, I was facing a situation wherein a certain oral surgeon in Queens had painfully removed most of my teeh and never replacing them with implants and caps as promised. He simply closed shop and went into hiding. Being from Massachusetts, with the damage taking place in New York I was faced with the dillema of finding a competent lawyer four hundred miles away.<br /><br />After many calls I came to find literally no lawyers willing to take on a lawsuit aganst an oral surgeon. At this point, I had lived two years unable to chew the foods I liked. The only time I smiled was when I was alone. Finally out of desperation, I put my story into an email and sent it to exactly 100 lawyers whose ads I had read on the internet. Of all of these, only ten contacted me. Two of these took the time to explain to me why no lawyers had contacted me, which basicly was because that in cases against oral surgeons and dentists, a jury almost always takes the side of the doctor. To them, I was a "losing- proposition."<br /><br />With the exception of Mr. Oginski, of the other 98 lawyers I was more a statistic than a suffering human in need of expertise. Of all of the replies<br />I did recieve, only Mr. Oginski seemed to show any compassion for the pain I had suffered and was at the time suffering.<br /><br />Upon deciding to choose Mr. Oginski to represent me, throughout the entire process, Mr. Oginski was extremely professional and especially understanding to me and my wife's aggravation and irritation at the slowness of the court-sytem and always spoke in terms of a positive future outcome. Mr Oginski won a very substantial settlement on my behalf and ultimately my mouth and teeth were repaired, with enough left over to pay-of all of our debts including our mortgage.<br /><br />My story continues...<br /><br />Because of all of the stress our family had suffered, we decided to go on a well-deserved vacation.<br /><br />Upon getting home, I suffered a stroke which has left me half- paralyzed and am now confined to a wheel chair and collecting disability, but can now always cherish the last vacation together as a family.<br /><br />I can only imagine how bad-off me and my family would be now, had it not been for Mr. Oginski.<br /><br />I sincerely recommend to anyone seeking a compassionate and extremely professional and knowledgable personal injury lawyer to contact Mr. Oginski's firm first and immediately, saving yourself the aggravation of speaking to the other 98%.<br /><br />Thank you once again Mr. Oginski. Thanks to your efforts and knowledge of the law our situation turned from a tragedy to a miracle - wherein now, despite my disibility, my wife can afford to take care of me at home rather than my being confined in a nursing home at the age of 53.<br /><br />For many years I wondered to myself how, if ever possible, could God expain to me why I was being allowed me to suffer as I had under that dentist's care. Now, thanks to the money settlement you negotiated, I now feel I understand why things went the way they did being that now I am comforted knowing that should anything happen to me, my wife could financially manage to maintain her current life-style, with no debts or mortgage and in the mean time I am at home versus wasting away in a nursing home.<br /><br />I am serious and sincere in telling you that you have been part of a "grand miracle" which has not only helped restore my mouth but in some ways restored my faith in the Lord. <br /><br />I hope you are doing well and would be happy to talk to you anytime, (but have trouble typing) if I could be of any help creating a testimonial for your newletter."<br /><br />Sincerely,<br /><br />Arthur Lawler,<br />Massachusets<br /><br /><b>Watch the video to learn more.</b><br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.oginski-law.com/">educational website‬.</a><br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-5537799531636071483?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-46721603394848114882012-06-03T20:56:00.001-04:002012-06-03T20:57:15.448-04:00Hospital Violates Its Own Rules & Regulations- Is That Some Evidence of ...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/3pAflIbEpZE?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">Oginski-Law.com</a><br /><br />You believe the hospital violated its own rules, regulations and procedures. What does that mean?<br /><br />Every hospital in New York has written rules, regulations and protocol that they must follow.<br /><br />What happens if the hospital staff and its doctors fail to follow their own rules and regulations and you suffered injury as a result of that?<br /><br />During your medical malpractice trial we ask the judge to instruct the jury that the violations are some evidence of negligence. The jury is allowed to determine what weight those violations will carry when deciding whether or not they were departures from good and accepted medical care.<br /><br />Simply because there was a violation of a rule or regulation does not in and of itself mean that the violation resulted in your injury. There are multiple steps that must be answered first in order for the jury to come to that conclusion.<br /><br />Watch the video to learn more.<br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm"><br />Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.oginski-law.com%e2%80%ac/">educational website</a>.<br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-4672160339484811488?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-79100754332512452932012-06-02T18:24:00.001-04:002012-06-02T18:27:17.771-04:00Your Doctor Refuses to Testify at Trial; What Can You Do? New York Medical Malpractice Attorney Gerry Oginski Explains<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/kVaFHpTX61k?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">Oginski-Law.com</a><br /><br />Your case is coming up for trial and you need your treating doctor to come in and testify. It is important for the jury to hear from the doctor who treated you, so they know exactly what he did, what problems you had and what the future holds for you.<br /><br />At your next office visit, you bring up the subject of your upcoming trial. You ask him whether he would be willing to come in and testify on your behalf.<br /><br />He says "No." What do you do?<br /><br /><b>The first thing is that you can subpoena the doctor into court.</b> This means that you serve him with a document that compels him to appear in court at a particular date and time. That means he must give up his patient schedule for that day in order to come in and testify.<br /><br /><b>The alternative is that we hire medical experts to testify after they have reviewed all of your records.</b> This way they can explain to the jury exactly what happened to you, what treatment the doctor provided to you and what your prognosis is.<br /><br />It is often preferable to have your treating physician appear in court on your behalf. If we must resort to serving a subpoena on your treating doctor, it is certainly going to hamper your ongoing relationship with him and may also affect your future care and treatment, assuming you are still under his care.<br /><br />Watch the video to learn more.<br /><br />_________________<br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement </a><a href="http://ow.ly/azKg6">for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="ttp://www.Oginski-Law.com">educational website</a>‬.<br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-7910075433251245293?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-16614938879244823612012-06-02T11:51:00.001-04:002012-06-02T18:29:01.477-04:00What is a "Protective Order" in a Medical Malpractice Case in NY? Attorney Gerry Oginski Explains<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/XNZ5CDWmC20?fs=1" width="425"></iframe><br /><br /><a href="http://www.blogger.com/%20http://www.Oginski-Law.com">Oginski-Law.com</a><br /><br />A "protective order" is used in a civil case, specifically in a negligence case, a medical malpractice case or a wrongful death case.<br /><br />Assume your case involves a failure to diagnose cancer. During the course of discovery the defense has asked for copies of your podiatry records from 15 years ago. The podiatry records have nothing to do with your surgery and the corrective treatment you had afterwards.<br /><br />The law puts the burden on us and affirmatively ask the judge for an order preventing the defense lawyers from requesting and obtaining those unrelated records.<br /><br />We must support our request with case law and explain to the court why the defense is not entitled to these records. The defense then has an opportunity to reply. The judge then makes a decision and if he feels we are correct, he will issue a protective order that prevents the defense from obtaining those records.<br /><br />Watch the video to learn more.<br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6" target="_blank">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.oginski-law.com%e2%80%ac/">educational website.</a><br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-1661493887924482361?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-65605327526420657672012-05-29T22:06:00.001-04:002012-05-29T22:07:36.271-04:00Medical Malpractice: Can Your Treating Doctor Testify as Your Expert? NY...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/v9FnFvdSTvU?fs=1" width="425"></iframe><br /><br /><a href="http://www.Oginski-Law.com">Oginski-Law.com</a><br /><br />You suffered an injury because of a doctor's carelessness. You are now under the care of another doctor who is trying to improve your medical condition. This new doctor is known as a "subsequent treating doctor."<br /><br />Chances are you have become comfortable with your new doctor. He or she understands the problems you went through and are focused on trying to get you better.<br /><br />If you ultimately bring a lawsuit seeking compensation for the injuries you suffered because of the negligence and carelessness of a physician, you may naturally ask your treating doctor what he or she thinks.<br /><br />That conversation is what prompts many injured victims to pick up the phone and call me. Did you know that most subsequent treating doctors do not want to become an expert for their patient.<br /><br />Even though the new doctor has the the best intentions and wants to help you, most doctors do not want to participate in the lawsuit process.<br /><br />Watch the video to learn more.<br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><a href="http://ow.ly/azKg6"><br />Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />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.<br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-6560532752642065767?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-56043656335648058462012-05-27T12:25:00.001-04:002012-05-27T12:26:52.988-04:00Trial in NY: Can a Judge Take Over Questioning of a Witness? NY Attorney...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/GImqFrdWCEw?fs=1" width="425"></iframe><br /><br /><a href="http://www.Oginski-Law.com">Oginski-Law.com</a><br /><br />You are watching a trial in New York and all of a sudden notice the judge interrupt the attorney who is questioning the witness. The judge then turns to the witness and begins to ask the witness questions. Can the judge do that?<br /><br />More importantly, what happens if the attorney objects? Who rules whether or not the judge's questions are appropriate?<br /><br />Why would a judge interrupt an attorney and ask the witness his own questions?<br /><br />Does the judge have the ability to take over the questioning of a witness during the course of a trial in New York?<br /><br />Watch the video to learn more.<br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><a href="http://ow.ly/azKg6"><br />Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="‪http://www.Oginski-Law.com‬">educational website.</a><br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-5604365633564805846?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-49795521160566598302012-05-26T09:28:00.001-04:002012-05-26T09:31:57.897-04:00What is Anaphylaxis? NY Medical Malpractice Attorney Gerry Oginski Explains<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/1HcpatEdEDI?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">Oginski-Law.com</a><br /><br />Anaphylaxis is a medical term used to describe an allergic reaction. <br /><br />There are two typical ways an anaphylactic reaction happens:<br />(1) Where a patient has a known allergic reaction and receives a medication that they are known to be allergic to, and<br />(2) Where a patient is given a medication that they did not know they were allergic to.<br /><br />Both of those situations require different questions that need to be answered to determine whether there were departures from good and accepted medical care.<br /><br />Watch the video to learn more.<br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.oginski-law.com/">educational website‬.</a><br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-4979552116056659830?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-2807138848412784922012-05-26T07:14:00.001-04:002012-05-26T07:15:23.829-04:00What is an Ectopic Pregnancy? New York Medical Malpractice Lawyer Gerry ...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/dXm9EKMadek?fs=1" width="425"></iframe><br /><a href="http://www.blogger.com/%20http://www.Oginski-Law.com"><br />http://www.Oginski-Law.com</a><br /><br />An ectopic pregnancy is a pregnancy that occurs outside of the uterus. If the pregnancy continues to grow outside of the uterus and say in the fallopian tube, it could destroy the fallopian tube and could become life threatening as well.<br /><br />How does a doctor diagnose an ectopic pregnancy?<br /><br />There are a number of diagnostic tests including a sonogram or ultrasound and serial or sequential blood tests. The blood tests evaluate your hormone levels, known as Beta HCG levels. The doctor will look to see if those levels are increasing (meaning the pregnancy is progressing), is decreasing or staying flat.<br /><br />If an ectopic pregnancy is timely diagnosed there different ways to treat it. If it is a very early pregnancy, a potent medication known as methotrexate can be given. However, if the pregnancy has implanted in the fallopian tube and is continuing to grow, there may be only two surgical options:<br /><br />Watch the video to learn more.<br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm"><br />Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.blogger.com/%E2%80%AAhttp://www.Oginski-Law.com%E2%80%AC">educational website.</a><br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-280713884841278492?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-55235968958381804602012-05-25T21:55:00.001-04:002012-05-25T21:56:28.952-04:00Medical Malpractice: Did Any Doctor Confirm Wrongdoing? NY Trial Attorne...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/UsWo4ILKxTE?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">http://www.Oginski-Law.com</a><br /><br />When an injured victim calls and wants to know if they have a valid case, of the key questions I always ask is:<br /><br />"Did any doctor or hospital staff confirm your belief that something was done wrong?"<br /><br />Why do I ask that question?<br /><br />I want to know what prompted them to call. Often it is a doctor or hospital staff member who plants a seed of doubt in the family's mind that something may have been done wrong.<br /><br />In order to fully evaluate a medical malpractice case in New York, I need to do a full investigation; get all of the medical records and speak to your treating physicians and my own medical experts to get a full understanding of what happened.<br /><br />Only then can I reach an educated decision about how to proceed forward.<br /><br />Watch the video to learn more.<br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.oginski-law.com%e2%80%ac/">educational website.</a><br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-5523596895838180460?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-813520102589919472012-05-24T20:41:00.001-04:002012-05-24T20:42:06.789-04:00Delay in Diagnosis-Is There a Case? New York Medical Malpractice Lawyer Gerry Oginski Explains<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/MoMB9c9nTOc?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">http://www.Oginski-Law.com</a><br /><br />You think there's been a delay in diagnosing your true medical condition. There's one key question you need to know that will help me determine what happened.<br /><br />The important question that must be answered is "How did that delay make a difference in the outcome?"<br /><br />Did the delay cause you significant injury? If so, what exact injuries did you suffer? <br /><br />We must always show not only that there was a delay in recognizing your condition, but that failure to timely and properly recognize and treat you was a substantial factor in causing and contributing to your injuries.<br /><br />Watch the video to learn more.<br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm"><br />Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.oginski-law.com/">educational website</a>‬.<br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-81352010258991947?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-3475997248398046372012-05-24T15:47:00.001-04:002012-05-24T15:47:51.220-04:00Necrotizing Faciitis- Why It Can Be Devastating; NY Medical Malpractice ...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/GLhBQj1uyPc?fs=1" width="425"></iframe><br /><br />http://www.Oginski-Law.com<br /><br />Necrotizing faciitis is a devastating disease. It is a flesh-eating bacteria that can ravage your body. Necrotizing means dying or diseased tissue. Faciitis is an irritation or inflammation of the fascia, part of the layers of the skin.<br /><br />This flesh-eating bacteria is a fast moving infection and the key to minimizing the damage is to recognize it and treat it aggressively. <br /><br />In a recent case of a young woman who suffered a laceration on her leg after going on a zip line, she developed necrotizing faciitis that resulted in her being put into a medically induced coma. Unfortunately for this woman, the doctors were unable to save her hands or feet and they had to amputate both hands and both feet.<br /><br />Patient diagnosed with necrotizing faciitis typically call with questions about whether the condition was timely and aggressively treated.<br /><br />Watch the video to learn more.<br /><br />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<br /><br />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<br /><br />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.<br /><br />If you have legal questions, I encourage 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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-347599724839804637?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-80879997757250881902012-05-15T14:22:00.001-04:002012-05-15T14:23:26.973-04:00What is "Res Ipsa Loquitur" and How Can It Affect Your New York Medical ...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/L-_Caz5hYzA?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">http://www.Oginski-Law.com</a><br /><br />Res Ipsa Loquitur is a latin phrase that means 'The thing speaks for itself'. Now what does that really mean? <br /><br />This legal doctrine is used in cases in New York where the injured victim did not participate in causing or contributing to their own injury. Where the wrongdoer was in control of the environment and the only explanation for the injury is that the person who committed the wrongdoing had to have been careless or negligent.<br /><br />Here is an example:<br />You go in for surgery to have your shoulder repaired and come out with a burn to your hand. You are under general anesthesia and asleep. Therefore, there is no way for you to have contributed to the happening of this injury. The intended surgical procedure was to fix your shoulder. There is actually no reason for anything to happen to your hand.<br /><br />How else can you then explain a 3rd degree burn to your hand following surgery?<br /><br />This doctrine allows us to establish responsibility on the individuals who were in control of the surgical operating room including the doctors, nurses, hospital and technical staff. It also allows us to establish liability without the need for bringing in a medical expert specifically to explain to the jury how and why this injury occurred.<br /><br />Watch the video to learn more.<br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />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.<br /><br />If you have legal questions, I encourage 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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-8087999775725088190?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-1476395380965484891.post-60222569080552466832012-05-09T01:08:00.001-04:002012-05-09T01:10:47.460-04:00How Much Time to File Claim v Municipal Hospital in New York? NY Attorne...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/M3yT_MvfyNI?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">http://www.oginski-law.com</a><br /><br />Let's say you've received improper treatment at any one of the following hospitals or medical facilities: <br /><br />Bellevue Medical Center;<br />Coler-Goldwater Hospital &amp; Nursing Facility; Coney Island Hospital;<br />Elmhurst Hospital;<br />Gouverneur Healthcare Service;<br />Harlem Hospital;<br />Lincoln Medical &amp; Mental Health Center;<br />Kings County Hospital;<br />Jacobi Medical Center;<br />Dr. Susan Smith McKinney Nursing &amp; Rehab Center; Metropolitan Hospital;<br />North Central Bronx Hospital;<br />Queens Hospital;<br />Sea View Hospital &amp; Home;<br />Woodhull Medical Center <br /><br />If so, these are known as municipal hospitals owned by New York City Health and Hospitals Corporation. That is the legal entity that is responsible for those medical facilities.<br /><br />You should know that the time limit to file a claim against any one of those hospitals is much shorter than in a typical medical malpractice case in New York.<br /><br />You should also know that filing a claim is entirely different than filing a lawsuit. In fact, if you suffered injury at any one of these hospitals, you are required to file a notice of claim first before you can ever file a lawsuit.<br /><br />That is known as a "condition precedent."<br /><br />Watch the video to learn how much time you have to file a claim against the legal corporation that is responsible for these hospitals. However, you cannot and should not rely on the information contained within this video regarding the time limit that you have to bring a claim or a lawsuit.<br /><br />Why not? Simple. By the time you actually read this or watch the video, the time limit to bring a claim may have changed. Therefore, the only way to make sure that your claim or lawsuit is timely is to pick up the phone and call.<br /><br />Watch the video to learn more.<br /><br />To learn even more about how medical malpractice cases work in NY, I urge you to explore my <a href="http://www.oginski-law.com/" target="_blank">educational website</a>. If you have legal questions pick up the phone and call me at 516-487-8207, or send me an email: lawmed10@yahoo.com. I can answer your questions; that's what I do every day and I welcome your call.<br /><br />The Law Office of Gerald Oginski, LLC<br />25 Great Neck Rd., Suite 4<br />Great Neck NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #gerryoginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-6022256908055246683?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-21174205600989239402012-05-06T07:32:00.001-04:002012-05-06T07:33:46.091-04:00You've Settled Your Accident Lawsuit in New York; Should You Use a Struc...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/OzUl_A3HrsA?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">http://www.Oginski-Law.com</a><br /><br />When an injured victim receives a settlement in an accident case, a medical malpractice case or wrongful death case in New York, they often have no idea what to do with their settlement funds. Historically people who come into large amounts of money in a very short period of time tend to spend it relatively quickly.<br /><br />Every lawyer in New York who has a client who has achieved a successful result should be explaining to them the risks, benefits and alternatives to taking the money in a lump sum. There are many alternatives including structured settlements.<br /><br />A structured settlement allows you the ability to achieve tax savings and keep the capital amount of money you have received while at the same time throwing off guaranteed amounts of income over time.<br /><br />Watch the video to learn more.<br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.oginski-law.com/">educational website</a>.<br /><br />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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-2117420560098923940?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-86699315995199929032012-04-30T23:10:00.001-04:002012-04-30T23:11:48.189-04:00New York Medical Malpractice: Will Your Pre-Trial Judge Be Same One Who ...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/2zaZ4YX_IDk?fs=1" width="425"></iframe><br /><a href="http://www.blogger.com/goog_395625256"><br /></a><br /><a href="http://www.oginski-law.com/">http://www.Oginski-Law.com</a><br /><br />You might think that the judge who is assigned to your case for pretrial discovery will be the same one who actually tries your case should it go to trial.<br /><br />The reality is that it is unlikely to happen that way.<br /><br />When a lawsuit is started in the state of New York for medical malpractice, accidents or a wrongful death case, your matter is then assigned to a judge who handles the day-to-day discovery matters including motions and scheduling.<br /><br />Once the court has been notified that the case is ready for trial, it will likely go to a judge who is in charge, for that county, of all those types of cases. That judge is often known as the pretrial or trial-scheduling judge. His (or her) job is to ascertain whether or not the case can be settled prior to trial.<br /><br />If the judge determines that the case cannot be settled, he or she will then set down a trial date to begin jury selection.<br /><br />Once jury selection has finished, the attorneys must notify the trial scheduling judge and he or she will then assign the next available judge in rotation to actually try your case. <br /><br />Watch the video to learn more.<br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm"><br />Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how accident and medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.blogger.com/%E2%80%AAhttp://www.Oginski-Law.com">educational website</a>‬.<br /><br />If you have legal questions, I encourage 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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-8669931599519992903?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-72901037069898636642012-04-30T09:30:00.001-04:002012-04-30T09:32:10.982-04:00What is the 'Burden of Proof' in a Negligence or Medical Malpractice Cas...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/_x5Bn-Wrac0?fs=1" width="425"></iframe><br /><a href="http://www.blogger.com/%20http://www.Oginski-Law.com"><br />http://www.Oginski-Law.com</a><br /><br />In a civil lawsuit in New York, an injured victim is not required to prove that the person who was careless 'beyond a reasonable doubt'. The legal term that you may have read about in a civil case is instead called a "Preponderance of evidence." Now what exactly does that mean?<br /><br />It means we simply have to show that our version of what occurred is more likely right than wrong. That's it. We do not have to show anything with certainty; only that we are more likely right that wrong that the person who caused your harm was careless.<br /><br />We only have to show that we are more likely right that wrong that a doctor or hospital departed from good and accepted medical care and caused your injury.<br /><br />Some people believe that 'more likely right than wrong' is a little unfair because we only have to tip the scales ever so slightly beyond 50% in order to justify an award or verdict in our favor.<br /><br />There are others who believe that we should have a higher burden in order to justify getting compensated.<br /><br />Watch the video to learn more.<br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how accident and medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ‪http://www.Oginski-Law.com‬.<br /><br />If you have legal questions, I encourage 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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-7290103706989863664?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-5451071619203034742012-04-29T10:47:00.001-04:002012-04-29T10:48:31.698-04:00"The Court Will Take Judicial Notice"; What Does That Mean? NY Trial Att...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/HfPTqZC9ruk?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">http://www.Oginski-Law.com</a><br /><br />There are some things that are so well-known that often, you will hear a lawyer ask a judge to take judicial notice of a common fact.<br /><br />Here is an example: "Your Honor, I ask the court to take judicial notice of the fact that the weather on the date of the accident was 25 degrees outside."<br /><br />"Your Honor, I ask the court to take judicial notice that the Earth is round and not flat."<br /><br />By asking the court for permission to accept a readily available and commonly accepted fact, it eliminates the need for me to bring in proof that such a fact exists. Otherwise, I would be required to prove every minor point that are somehow related to the claims in our case.<br /><br />Watch the video to learn more.<br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm"><br />Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how accident and medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.blogger.com/%E2%80%AAhttp://www.Oginski-Law.com%E2%80%AC">educational website</a>.<br /><br />If you have legal questions, I encourage 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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-545107161920303474?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-23592639742238837462012-04-28T20:29:00.001-04:002012-04-28T20:30:06.354-04:00What is "Res Ipsa Loquitur" and How Can It Affect Your New York Medical ...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/L-_Caz5hYzA?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">http://www.Oginski-Law.com</a><br /><br />Res Ipsa Loquitur is a latin phrase that means 'The thing speaks for itself'. <br /><br />This legal doctrine is used in cases in New York where the injured victim did not participate in causing or contributing to their own injury. Where the wrongdoer was in control of the environment and the only explanation for the injury is that the person who committed the wrongdoing had to have been careless or negligent.<br /><br />Here is a greate example: <br />A patient goes in for surgery to have their shoulder repaired and comes out with a burn to their hand. The patient was under general anesthesia. Therefore, there is no way for them to contribute to their injury. The intended procedure was to fix the patient's shoulder. There is actually no reason for anything to happen to the patient's hand.<br /><br />How else can you then explain a 3rd degree burn to the patient's hand following surgery?<br /><br />This doctrine allows us to put responsibility on the individuals who were in control of the surgical operating room including the doctors, nurses and the hospital. It also allows us to establish liability without the need for bringing in a medical expert specifically to explain to the jury how and why this injury occurred.<br /><br />Watch the video to learn more.<br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><br /><a href="http://ow.ly/azKg6">Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.oginski-law.com%e2%80%ac/">educational website</a>.<br /><br />If you have legal questions, I encourage 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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-2359263974223883746?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-70060354566550663572012-04-28T12:44:00.001-04:002012-04-28T12:46:24.185-04:00What is "Loss of Parental Guidance" in a Wrongful Death Lawsuit in New Y...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/3b4MgJEuBD8?fs=1" width="425"></iframe><br /><br /><a href="http://www.oginski-law.com/">http://www.Oginski-Law.com</a><br /><br />In a wrongful death lawsuit in New York, there are a number of different claims that can be brought. An important claim is 'loss of parental guidance'. When a parent dies and leaves surviving children, the kids have a right to claim that because of the parent's death they now have lost the love, support and guidance that they ordinarily would have had, had their parent lived.<br /><br />You might think this claim applies only to small children. It does not. In fact, adult children are permitted to include a claim for loss of parental guidance as well in a wrongful death lawsuit arising out of an accident, negligence or medical malpractice here in New York.<br /><br />Watch the video to learn more.<br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm"><br />Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.</a><br /><a href="http://ow.ly/azKg6"><br />Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.</a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.blogger.com/%E2%80%AAhttp://www.Oginski-Law.com%E2%80%AC">educational website</a>.<br /><br />If you have legal questions, I encourage 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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-7006035456655066357?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-1476395380965484891.post-45383698354414389692012-04-27T16:30:00.001-04:002012-04-27T16:31:15.228-04:00What is an Expert Witness Reply in a New York Medical Malpractice Case? ...<iframe allowfullscreen="" frameborder="0" height="320" src="http://www.youtube.com/embed/JVrYjnxtceo?fs=1" width="425"></iframe><br /><br />http://www.Oginski-Law.com<br /><br />In a medical malpractice lawsuit in NY each side is required to notify the other side of the medical experts they have hired in order to testify at trial. Legally, this is known as a 3101(d) reply.<br /><br />In addition to notifying the defense about the medical experts, we are required to also tell them the following things:<br /><br />The credentials of our expert; where they went to medical school; where they did their internship and residency training; where they are licensed to practice medicine and whether they are board-certified.<br /><br />Incidentally, in New York, we do not identify our medical experts by name. There is a specific reason for that.<br /><br />Watch the video to learn more.<br /><br /><a href="http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm">Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.<br /></a><br /><br />To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my <a href="http://www.blogger.com/%E2%80%AAhttp://www.Oginski-Law.com%E2%80%AC">educational website</a>.<br /><br />If you have legal questions, I encourage 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.<br /><br />Law Office of Gerald Oginski<br />25 Great Neck Road, Ste. 4<br />Great Neck, NY 11021<br />516-487-8207<br /><br />Email: lawmed10@yahoo.com<br />Twitter: #GerryOginski<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1476395380965484891-4538369835441438969?l=www.medicalmalpracticetutorial.com' alt='' /></div>Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0