Boating Accident-A Case I Lost at Trial

http://www.oginski-law.com

Listen in as Gerry Oginski, an experienced New York personal injury and accident attorney practicing law in Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau, Suffolk & Long Island explains why most attorneys who try cases will lose a case from time to time.

If the attorney you seek tells you he's never lost a case, either he does not try many cases, or he's the best attorney in the State.

Learn how a woman who went out on a pleasure boat for the day suffered a broken leg when the owner of the boat didn't do the right thing when another boat passed by. Despite having boating experts to confirm and support our case, a jury in Nassau County Supreme Court, the trial level court, determined that we had not proven that the owner of the boat was careless. Accordingly, my client received no compensation for her injuries. She truly believed that the only reason she suffered a fractured leg was because of the owner's wrongdoing. A jury disagreed.

For more information about accident and negligence cases, go to Gerry's informative website, or call Gerry personally at 516-487-8207 for answers to your legal questions. He welcomes your call.

The Law Office of Gerald M. Oginski, LLC
25 Great Neck Rd., Ste. 4
Great Neck, NY 11021
516-487-8207

Attention PI & Med Mal Attorneys! Your Clients May Be Looking for a New Attorney

Not a day goes by without getting a call from a disgruntled client asking if I would be willing to take over their case from another attorney.

One of the first questions I ask this person is "Why do you want to switch attorneys?"
The response is usually one of two possible reasons:

1. The original lawyer has withdrawn from their case or
2. The client is unhappy with what the lawyer is doing, or in some cases, not doing.

When a lawyer withdraws from a case in New York, he must get permission from the Court to withdraw as the attorney. The Court will then give the client ample time in which to try and find another attorney to continue the case. Clients may not realize it, but when an attorney withdraws from a medical malpractice or a negligence case, the defense knows that there must be some problem either with the merits of the case, or a conflict between the attorney and client that cannot be resolved.

In either situation, it sheds a cloud over the case. A new attorney taking over the case has many intangible obstacles to overcome.

Just this week a potential client asked me to take over her case telling me that she had an "excellent case." Her attorney had withdrawn and now she had all the records to give to the next attorney.

When I asked why he withdrew, the response was "Well...he and I didn't get along."
"He didn't want to do what I asked him to do..."
"He wasn't really doing anything on my case..."

I informed this woman that it is my policy that I do not take over a case when another attorney has withdrawn. I do not need to inherit a whole host of someone else's problems. Her response was "There are no problems with my case. Only with my attorney."

What type of client do you think this person would be?

When the client is unhappy with what the lawyer is doing, it's usually because there is a lack of communication. I will always suggest that the client sit down with their attorney and have a straight-forward conversation about their concerns.

An open line of communication with the attorney is vital. Stay in the loop, keep informed, and ask your attorney for regular updates.

If you have any legal questions about your possible case, or for more information, go to Gerry's informative website, or call him at 516-487-8207. He welcomes your call.

The Law Office of Gerald M. Oginski, LLC
25 Great Neck Rd., Ste.4
Great Neck, NY 11021
516-487-8207

$1 Million Settlement-New York Medical Malpractice-Permanent Nerve Injury

A nerve injury went unrecognized while a young man was in the emergency room in a busy hospital here in New York. The patient complained to nurses and the doctor in training that he had pain in his hand as well as tingling and numbness in his arm. Despite these complaints and observations by the emergency room nurse, the patient's condition was not treated until permanent nerve damage had occurred.

By the time this patient was taken into surgery, the damage to his nerve was permanent. He suffered extensive damage to his arm and hand. To make matters worse, his incisions became infected and he needed to additional surgeries to clean out the wound.

This case settled during the discovery phase of the lawsuit just as we were planning to take depositions of the next six doctors who were involved in this patient's care and treatment.

Because of the confidential nature of the settlement, I am unfortunately not permitted to identify the parties or the hospital involved.

Uploaded New Educational Video-Optic Nerve Cut During Surgery-NY Medical Malpractice

Just uploaded a new video that explains how a man who went into surgery to correct fractures in his face wound up losing all of his vision in one eye. Watch the video to see what happened.

Listen in as Gerry Oginski, an experienced medical malpractice trial lawyer practicing law in Manhattan, Brooklyn, Bronx, Queens, Staten Island, Nassau & Suffolk explains how a man lost his vision after undergoing corrective surgery to fix fractures around the socket of his eye.

Find out what the doctor told this patient about the procedure before he agreed to have surgery. Learn what happened when the doctor took the patch off his eye the day after surgery. Watch the video to find out how I was able to help this injured victim solve his legal problem.

For more information go to Gerry's educational website, http://www.oginski-law.com or call Gerry personally for answers to your legal questions at 516-487-8207. He welcomes your call.

Click here to watch the video.

The Law Office of Gerald Oginski, LLC
25 Great Neck Rd., Ste. 4
Great Neck, NY 11021
516-487-8207

$5.1 Million Settlement-Birth Injury-NY Medical Malpractice

A baby suffered significant and permanent brain injury at birth due to medical negligence that occurred during labor and delivery. This child will need extensive lifetime medical care to help him throughout his life. As this case was about to begin jury selection, specially selected trial counsel was able to achieve a remarkable result for the family of this beautiful baby. The case settled for $5.1 million dollars.

New York Medical Malpractice-Unnecessary Gyn Surgery

Just uploaded a new informative video about a young woman who had a hysterectomy and didn't need one. Find out what the doctor told this young woman would happen if she didn't have her uterus surgically removed. Learn what the pathologist found after the surgery was over.

Click here to watch the video.

2 Questions Every New York Medical Malpractice Lawyer Needs To Ask

A potential client calls the office with a story that rambles on and on. I can't follow the timeline, and I can't determine why this person is calling, and cannot tell what injury they're calling about. As politely as possible, I tell them to stop and list to this two-part question:

"What do you think was done wrong that caused you permanent harm?"

That question usually stops most callers cold. They pause to think about the permanent injury they may have suffered. Most callers have no problem explaining how they feel a doctor or hospital did something wrong. However, when asked to link the wrongdoing to the permanent injury, many callers simply get stumped, finally recognizing that they may not have a potential case here in the State of New York.

The two-part question mentioned above has contained within it three elements needed to prove a successful case. In every medical malpractice case in New York your lawyer must be able to prove that (1) there was wrongdoing, (2) the wrongdoing caused injury, and (3) the injury is significant and permanent.

Lots of callers can talk at length about elements numbered one and two, but when they think about the permanent injuries, many realize that they simply don't have any long-term permanent injury.

It is also important to remember that all three of the elements needed to prove a malpractice case must be confirmed by a medical expert who has either treated you, or reviewed all of your medical records. If any one of those elements is missing, then there's no way to prove your case.

Doctor Sues His Lawyer For Malpractice After 124 Malpractice Lawsuits Against Him

You know the phrase, "You can't make this stuff up?" Well, it certainly applies in this story.

The West Virginia Gazette reports that Dr. John King, a surgeon who was sued 124 times while on staff at Putnam General Hospital, has sued his previous attorneys. You've got to read the article. I can't help but be amazed at the legal antics that some cases generate.

Click on this button to read the full article.