tag:blogger.com,1999:blog-75773282012-01-03T18:47:37.683-05:00This blog is a guide for victims of medical malpractice and accidents in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau and Suffolk, by providing information they need to know before ever walking into a lawyer's office. For more info go to http://www.oginski-law.com or call Gerry at 516-487-8207 for answers to your legal questions. To the extent that this website discusses past cases the firm has handled, New York courts may deem this to be attorney advertising.Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.comBlogger2721100tag:blogger.com,1999:blog-7577328.post-36117895173282931222011-10-15T09:24:00.000-04:002011-10-15T09:24:33.007-04:00

Three LI Bus Crashes Tarnish End of the Week

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-14468836337525518252011-10-15T09:04:00.000-04:002011-10-15T09:04:16.254-04:00

WARNING TO MEN: US Government Says Prostate Cancer Screenings are Unnecessary

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-61110262584665599082011-09-25T15:56:00.000-04:002011-09-25T15:56:55.610-04:00

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-82136790870161148492011-09-02T10:41:00.001-04:002011-09-02T10:42:58.959-04:00

http://www.oginski-law.com Do you know what a summons and complaint is? Do you know what an answer is? Do you know what authorizations are? Do you know what a bill of particulars is? In this video I discuss what a bill of particulars is and how it applies in a civil lawsuit involving an accident case or medical malpractice or wrongful death case here in the state of New York. A bill of

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-73499682093491728122011-09-02T10:18:00.002-04:002011-09-02T10:21:38.036-04:00

You have been involved in a car accident and the claims examiner for the insurance company calls you and offers you a few thousand dollars to immediately settle your claim. Do you take it? Do you know the true value of your injuries? What do you do if the insurance company sends you a settlement check in the mail without you ever asking or negotiating for it? When the insurance adjuster calls

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-33180733009367864322011-07-26T16:54:00.001-04:002011-07-26T16:55:43.101-04:00

Surgeon Badmouths Me on YouTube Video ReplyIt was inevitable. A surgeon had recently watched about six or seven of my videos on YouTube and began leaving comments on each one of them. Some of those comments were intelligent and well thought out. Other comments were simply childish and came down to calling me names because of what I do for a living.

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-82488841589526726952011-07-20T00:28:00.001-04:002011-07-20T00:29:40.679-04:00

‪Telling a Little White Lie in NY; Can It Hurt Your Case?‬‏ - YouTubehttp://www.oginski-law.comYou've brought a lawsuit seeing compensation for your injuries. You believe you were harmed because of someone's carelessness. You have testified truthfully about the events that brought you to bring a lawsuit. However, there are one or two things that you might have fudged about and didn't want anyone

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-37826421074939171492011-07-04T17:34:00.001-04:002011-07-04T17:35:36.202-04:00

http://www.oginski-law.comYou have questions about what happens in the lawsuit process in New York. Nobody explains how lawsuits work. It's all hush-hush and done behind the scenes. No more. In this video learn what happens after your case is started. Learn about depositions and scheduling conferences. Why should you have to wait to make an appointment with a lawyer and go into their office to

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-75055812481681244322011-06-26T23:45:00.001-04:002011-06-26T23:47:06.935-04:00

http://www.oginski-law.comWhat could be nicer than taking your six-month old to the New York City Central Park Zoo on a beautiful day in June 2010? A young couple out for a nice stroll with their gorgeous baby girl, looking at the animals.Except in a split second their lives were forever changed, and not for the better. Find out what happened when a massive limb from a tree suddenly cracked and

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-26875126399696668312011-03-28T00:42:00.000-04:002011-03-28T00:42:31.670-04:00

292 Foreign Objects Left Inside of Patients 2008-2009 in New York | The Law Office Of Gerald Oginski, LLC

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-46878798264196397982011-01-17T18:03:00.001-05:002011-01-17T18:04:03.243-05:00

http://www.oginski-law.comThe fire department of New York City wants you to pay if they have to come rescue you from either a fire or car accident. Is that fair?Critics say it's double taxation. The fire department says the at-fault driver's insurance company will pay. Watch the video to learn more.To learn how personal injury and accident cases work in the state of New York, I encourage you to

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-3370512378178916672011-01-03T22:34:00.000-05:002011-01-03T22:34:33.747-05:00

Study: Colonoscopy Is Worth the Discomfort - TIME Healthland

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-6413514510032452142011-01-03T22:30:00.000-05:002011-01-03T22:30:55.410-05:00

Colonoscopies May Not Have 'Blind Spot' After All

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-71846617814120382832010-12-02T18:20:00.000-05:002010-12-02T18:20:51.086-05:00

A Medicare Nightmare - "Can't You Understand What I'M Telling You?"

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-45149070768556850242010-11-02T12:02:00.000-04:002010-11-02T12:02:49.552-04:00

Good Doctors Sometimes Commit Malpractice

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-27864807903783264022010-04-20T23:52:00.004-04:002010-04-21T00:01:05.664-04:00

The following is a guest blog article by Dolan Law Offices:There is a lot to think about in the immediate aftermath of a pedestrian accident. A victim must deal with physical pain, following doctor’s orders for a medical recovery, time away from work or school, time spent away from family and leisure activities, the hassles of insurance companies, and the burden of medical bills – and all

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-65098803525252353582010-03-30T09:53:00.003-04:002010-03-30T10:06:46.651-04:00

According to Law.com, a Mercer County, N.J., jury on March 22 found veteran litigator Gerald Stockman liable for legal malpractice for failing to convey a $400,000 offer to clients in a personal injury case, which ended in a verdict substantially lower.Any attorney who handles personal injury cases has an obligation and ethical responsibility to convey to their client any offer that is made to

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com3tag:blogger.com,1999:blog-7577328.post-45835678464158243402010-03-07T20:46:00.004-05:002010-03-07T20:50:12.536-05:00

Today's article is a guest post by The Dolan Law Offices.Truck accidents often result in serious physical injuries or fatalities. The sheer force of a truck against a car, motorcycle, pedestrian or bicyclist is enough to make truck collisions among the most dangerous types of motor vehicle accidents. The best way to protect yourself from the potentially serious consequences of a truck accident

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-31644937439710314762010-02-24T01:14:00.000-05:002010-02-24T01:14:01.484-05:00

The Arbitrary and Unfair Impact of Tort Reform

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-65727689609762994782010-02-23T17:38:00.000-05:002010-02-23T17:38:45.930-05:00

Malpractice Lawsuit against New York Podiatrist Results in $3,000,000 Pain and Suffering Verdict for College Student; Trial Judge Orders Reduction to $1,000,000

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-34747387119522656022010-02-23T12:17:00.002-05:002010-02-23T12:22:50.570-05:00

Over the years I have written many articles about slip and falls on snow and ice here in New York. I've had my share of slipping on ice.Today in New York it's a rainy 35° and the ground is covered in certain parts with melting ice. Parking my car in the back of my office building left me on a large patch of ice. Feeling brave and fearless, I eagerly got out of my car and began the short walk to

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-16667907879420464002010-02-02T16:42:00.001-05:002010-02-02T16:44:09.420-05:00

Lawyers are required to take continuing legal education classes on a regular basis. In this lecture, Gerry Oginski gives a CLE class on medical malpractice which is geared toward the attorney who does not handle these types of cases.Medical Malpractice Law for the Non-Personal Injury Attorney

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-28233844557457179412010-01-28T16:55:00.005-05:002010-01-28T17:07:21.251-05:00

This falls under the "Stupid is as Stupid does" Forrest Gump category.It was inevitable. A woman hired New York personal injury law firm Morelli Ratner to represent her in a medical malpractice case. Shortly thereafter her case was dismissed and the woman brought a lawsuit for legal malpractice against her lawyers. Morelli Rattner then brought a lawsuit against the woman (their former client)

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-64134276983224718022010-01-24T09:31:00.004-05:002010-01-24T09:49:18.434-05:00

Today, the New York Times exposes two severe instances of cancer patients who died not of their cancer, but of excessive radiation doses to TREAT their cancer. This is a moving video.In an expose video, the Times explains how excessive radiation doses are never disclosed to the public. The New York State Department of Health has identified over 130 instances of careless administration of

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com2tag:blogger.com,1999:blog-7577328.post-20688088090492055362010-01-10T11:30:00.000-05:002010-01-10T11:32:23.564-05:00

The answer is "No."There are plenty of board 'eligible' doctors that are excellent at what they do.There are plenty of board certified doctors that are excellent at what they do.On the other hand, there are a handful of doctors who are board eligible and doctors who are board certified who may be 'educationally challenged'.Just because a doctor is not board certified does not, by itself, mean

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-52536466179911157512010-01-10T11:24:00.001-05:002010-01-10T11:27:03.323-05:00

The first time I heard the term "ambulance chaser" I must have been in college. I had no idea what it meant. I had no idea it was a derogatory term. In fact, I had no idea what personal injury lawyers did or why someone would call them an ambulance chaser.That all changed when I went to law school and decided to be a medical malpractice and personal injury trial lawyer. I learned that some people

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-69625132156151765762009-12-23T08:40:00.003-05:002009-12-23T08:48:32.780-05:00

This medical malpractice case, tried in Kings County Supreme Court, also known as Brooklyn, NY had a bizarre twist.The case involved a man who underwent knee surgery and suffered permanent injury. The first trial resulted in a verdict of $1.5 million. After appeal, the case had to be re-tried. During the second trial, as the jury was deliberating, the parties agreed to settle the case for

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-68273024846133909892009-12-22T11:37:00.005-05:002009-12-22T11:46:33.021-05:00

NEW BOOK available for FREE download (for NY residents) by New York Medical Malpractice Lawyer Gerry Oginski.After reading this book, you’ll learn:Ten reasons why you should not to sue your doctor,Ten reasons why most victims won’t recover a dime,What to look for when choosing an attorney,Why you won’t find a lawyer in the yellow pages,What two questions a malpractice lawyer needs to know,How

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-12536549369420534512009-12-21T23:35:00.001-05:002009-12-21T23:36:45.017-05:00

With all the talk about health reform today, and proposed 'tort reform' by Republicans together with sensationalized lawsuits in the newspaper today, it's no wonder that many people think that they're "Entitled" to money just because they had a bad outcome.Our society is conditioned to think, rightfully so, that if they've been wronged, then they have a right to go to court and obtain

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com3tag:blogger.com,1999:blog-7577328.post-66631287173275469222009-12-21T00:14:00.006-05:002009-12-21T00:21:55.976-05:00

It's holiday time. You're sitting around the table listening to family members discuss the tragedy that has befallen someone close to you.You hear these questions:"How did this happen?""Why did this happen?""Why didn't the doctor speak to us after it happened?""What if...""Nobody is telling us what's happening.""What's going to happen to him?""Who can watch the kids, while the adults go to the

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-90914670597990841232009-12-07T09:48:00.003-05:002009-12-07T09:51:28.731-05:00

Gastroenterologist Michael Kirsch makes a stunning revelation in this blog post. Read the blurb, then read the full post on his site. It's a quick worthwhile read."I’m surprised that they haven’t thrown me out of the profession yet. In the past year alone, I have been sued for medical malpractice, committed a ‘never event’ and confessed to performing an unnecessary medical test on a patient. It’s

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-77779925021330084202009-12-02T09:10:00.002-05:002009-12-02T09:13:32.358-05:00

San Diego personal injury lawyer Ross Jurewitz writes about a record setting verdict and multiple appeals by a woman whose spine was crushed as a result of a Ford Explorer rollover. Read the blurb, then click on the link to read the full article.We've written before about Benetta Buell-Wilson's ongoing fight with Ford Motor Company regarding her record breaking $369 million trial court verdict

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-12245215360095995202009-11-13T11:04:00.002-05:002009-11-13T14:47:29.591-05:00

Fact: You are sitting in your car on the drive home from work listening to your radio. You hear a 15 second commercial for an attorney that blasts their 800 number six times in the space of 15 seconds. The number stays in your head for about 2 1/2 seconds and then you continue paying attention to the road and the music you were listening to.Fact: At that moment, you had no need for a New York

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-88307123597329968642009-11-12T19:08:00.004-05:002009-11-12T19:13:48.090-05:00

Fact: You've been involved in an accident and are now sitting at home recuperating. You turn on the TV to watch min-numbing daytime television (apologies to all those who do this on a regular basis) and notice that there is a lawyer commercial after every single TV break. You finally realize that you need an attorney to help solve your legal problems that were caused by your accident. But each

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-28865414490147649782009-11-12T17:17:00.001-05:002009-11-12T17:19:37.785-05:00

Fact: You've been injured and need to hire a New York attorney to represent you in your accident or medical malpractice case.Fact: You don't know an attorney, and don't know a family member who knows an attorney.Fact: You decide to look in the Yellow Pages for an attorney.Fact: If you live in the New York metropolitan area, your Yellow Pages book is likely to have 30-40 pages worth of lawyer ads.

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-23810068092096379272009-11-12T15:57:00.001-05:002009-11-14T20:15:45.576-05:00

Fact: You have been injured as a result of improper medical care. You are now looking for an attorney to help solve your legal problems. How do you hire a medical malpractice lawyer in New York without having to pay a penny (upfront)?The answer is simpler than you think.Before I get to the answer, it's important to understand how lawyers were paid 100 years ago. When someone had a legal problem

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-59591049809066215052009-11-12T15:54:00.001-05:002009-11-12T15:56:11.874-05:00

In every medical malpractice case here in New York, we are required to prove your case using a medical expert. The expert must have confirmed that there is wrongdoing; that the wrongdoing caused injury; and that your injury is significant and permanent.Many times, you, as the injured victim, may be unaware that there has been any wrongdoing. The first inkling of a problem is where one physician

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-50829289027035564032009-11-12T14:23:00.001-05:002009-11-12T14:25:14.849-05:00

If you suspect that you have been the victim of wrongdoing by a doctor or hospital here is what you need to know:The first thing you must determine is whether you were potential case is timely. If your time to bring a lawsuit has expired, there is nothing you will be able to do to obtain compensation through a civil lawsuit in New York.in order to determine whether your potential case is timely,

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-80646156381738680262009-10-27T16:46:00.000-04:002009-10-27T16:47:43.319-04:00

It's bad enough that personal injury lawyers have such a bad reputation. To make matters even worse is when a law firm blows the statute of limitations, get sued by the client for legal malpractice, and then the law firm turns around and sues their former client for expenses on the case. It just makes your head spin. You need to read the article and the decision to understand why these lawyers

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-85344145988715054972009-10-24T23:35:00.008-04:002009-10-24T23:51:46.218-04:00

In this brief video I give you an inside look at my Great Neck, New York office. (I also have satellite offices in Manhattan, Brooklyn and Staten Island, but wanted you to see where I spend most of my time). This is a never-before seen video of my office. You get to see where I spend most of my day when I'm in my office. In addition, I show you some of the lighting equipment I use to create my

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-69249130240223609872009-10-23T09:16:00.005-04:002009-10-23T10:04:40.061-04:00

"Hey Sam, did you read about the lawsuit where the neurosurgeon operated on the wrong side of the patient's brain?""Yeah. I wonder how a brain surgeon could have made such a simple mistake?"When was the last time that you actually read about a "FRIVOLOUS" lawsuit in the newspaper or one that was reported on TV? Sure there are some stupid lawsuits that should never have been brought; look at the

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-86033313391841598342009-09-27T09:58:00.002-04:002009-09-27T10:02:03.762-04:00

"Insurance expert says patient safety measures could reduce costsFormer University of Connecticut law professor Tom Baker recently moved to the University of Pennsylvania Law School and its prestigious Wharton School of Business to teach insurance.While in Hartford, he rose to become a national expert on the impact of medical malpractice litigation on physicians’ insurance costs — and on the

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-10003251912646690292009-09-24T08:36:00.004-04:002009-09-24T08:46:59.821-04:00

An interesting article by DAVID LEONHARDT in Tuesday's NYT attempts to balance the arguments on both the left and the right regarding medical malpractice. Some of the more noticeable points are worth mentioning:"...the current system appears to treat actual malpractice too lightly. Trials may get a lot of attention, but they are the exception. Far more common are errors that never lead to any

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-63409021211014102142009-09-21T14:10:00.003-04:002009-09-21T14:14:14.490-04:00

Philadelphia trial lawyer Maxwell Kennerly hits the nail on the head by scouring through the actual survey that was conducted that leads a reader to conclude that 83% of people surveyed want tort reform.It's important that you read the actual question that people were asked in order to truly understand the fallacy behind the study and the conclusions the writers wants you to reach.Good job

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-91518441397368006152009-09-19T22:01:00.002-04:002009-09-19T22:04:37.074-04:00

“Step right up. Just sign your name we’ll enter you into the lawsuit lottery jackpot. Injured in a car accident? Step right up. Injured during surgery? Step right up? Killed by a stray bullet? Step right in. Did you fall and break your leg? No problem, just step right in to our lawsuit lottery jackpot where you’ll have a chance to win millions and live on easy street for the rest of your life.

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com2tag:blogger.com,1999:blog-7577328.post-62099757808618332992009-09-18T09:23:00.003-04:002009-09-18T09:42:59.971-04:00

"WASHINGTON (CNN) -- The Obama administration announced a $25 million medical malpractice initiative Thursday as part of its plan to rein in skyrocketing health care costs.HHS Secretary Kathleen Sebelius says 1 percent of health care costs are attributable to malpractive premiums.The program, administered by the Department of Health and Human Services, will fund grants of up to $3 million awarded

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-80982171973958968712009-09-16T00:41:00.004-04:002009-09-16T00:48:36.493-04:00

New York's first Constitution of democratic government was passed by the first New York legislature on October 30, 1683. It gave New York citizens a constitutional right to trial by jury in civil cases.In 1691, that right was reasserted in the revived Charter of Liberties of 1691.The right to trial by jury in civil cases has been preserved in all New York State Constitutions - 1777, 1846, 1894,

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-66573231423738836042009-08-26T16:42:00.004-04:002009-08-27T13:08:20.320-04:00

Today's blog post is from fellow New York accident attorney Jim Reed, located upstate in Elmira. Jim has been in practice for over 23 years and answers a great question that so many accident victims ask when coming into an attorney's office in New York. If you have questions for Jim, his contact info is at the end of his article.NY Accident Lawyer Answers Key Question: How Long Will My Case Take?

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-20264256107705079202009-08-18T10:05:00.005-04:002009-08-18T10:40:42.020-04:00

I received a call at 7 AM this morning asking whether I was Walmart. I politely told the caller, after rubbing the sleep out of my eyes that she was calling an attorney's office and not Walmart. When I finally awoke, I questioned why this woman would think that I was Walmart. I don't have a big-box store-front office. I don't discount my fees. I don't offer sales on goods and services. I don't

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-30489217271084062492009-08-14T15:42:00.004-04:002009-08-14T15:49:05.229-04:00

Have you ever wondered how some cases are eagerly accepted by an attorney and others are not? What are the top five things an experienced attorney looks for when deciding whether to take a case?DOES YOUR STORY SOUND BELIEVABLE?If your story is not believable, an attorney will likely reject your case without ever doing an investigation. Why not? The moment you walk in the door, an attorney looks

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-61788646551237404442009-07-26T16:51:00.004-04:002009-07-26T17:13:51.790-04:00

All attorneys who handle cases involving accident or medical malpractice in New York handle them on "Contingency." What does this mean? It means that the lawyer receives a fee only if he is successful in getting you compensation for your injuries. His fee is 'contingent' upon you getting money. If the lawyer is unsuccessful and you receive nothing, the lawyer also receives no fee.FOR AN ACCIDENT

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com3tag:blogger.com,1999:blog-7577328.post-53239799108259147072009-07-07T15:39:00.006-04:002009-07-07T16:26:52.595-04:00

I was contacted today by a physician who claimed to do expert witness work for injured victims. He wanted some business.I asked him what his medical speciality was.Instead of a direct answer, he said he'd done consulting for attorneys before, and that if I want, I should go to his website to see what he has done.I said "No. Tell me what your medical specialty is."His reply- "Research.""Are you

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com2tag:blogger.com,1999:blog-7577328.post-37678673191344460062009-07-06T12:25:00.002-04:002009-07-06T12:31:07.843-04:00

July 4, 2009At 7 PM on July 4, in Fort Myers airport, Florida my family and I were walking toward the boarding gate of our JetBlue flight 138 heading back home to New York. As we approached the boarding gate, we saw a gate attendant kneeling on the floor next to an elderly man who was clearly unresponsive. The gate attendant had his finger on the man’s carotid artery, checking for a pulse. My son

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-17408753444100133132009-06-29T16:11:00.004-04:002009-06-29T16:37:38.898-04:00

Two nights ago I received a call at two o'clock in the morning from someone whose family member had just died. Looking at the alarm clock I saw an unfamiliar time while I tried to rub the sleep out of my eyes and comprehend what the caller was trying to tell me.I understand in today's age of constant communication people proudly say they are available 24 hours a day, seven days a week. In

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-89790648899916665892009-06-26T11:05:00.003-04:002009-06-29T16:11:01.959-04:00

When you don’t feel too well, all you want to do is curl up in bed and forget about the rest of the world. If you’re in pain or a great amount of discomfort, you only want to focus on your misery and just pray that it goes away as soon as possible. It’s all you can do to drag yourself to the doctor’s office and get diagnosed, and when you get home from the pharmacist only to discover that you

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-73026193231198168682009-06-22T09:05:00.004-04:002009-06-22T09:13:54.313-04:00

Every time I see those words on Twitter, or in a blog, or in a website, I cringe."HAVE YOU BEEN INJURED IN AN ACCIDENT? IF SO, CALL THE LAW FIRM OF BLAH, BLAH, BLAH..."Why?Why should an injured victim call the law firm that says the same thing that every law firm says?Does that blog or tweet EXPLAIN why that law firm is right for you?Does that lawyer ad tell you how their knowledge and experience

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-86353256002997101912009-06-15T19:11:00.002-04:002009-06-15T19:16:35.376-04:00

An Open Letter to President ObamaFrom Gerry Oginski, Esq.A New York Medical Malpractice Trial LawyerJune 15, 2009Dear Mr. President, The New York Times reported today (Obama Open to Reining in Medical Suits, June 15, 2009) that you were considering reining in medical malpractice lawsuits. Although you have expressed your opinion that you would not consider placing a cap on jury awards, I’d like

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-71861676988417323502009-06-13T21:51:00.003-04:002009-06-13T21:57:50.507-04:00

I am pleased to tell you about a new blog I came across written by an old friend, attorney Lew Bartell. His blog titled"Law for the Layman"Turning Legalese into Legal Ease, is a refreshing twist from a typical law-related blog.In his current post he writes about an important legal doctrine known as “Continuous Treatment.”Lew describes this period as "The period of time during which you are

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-14443687404315292252009-06-06T21:52:00.004-04:002009-06-06T22:02:49.300-04:00

Newsday reported yesterday that medical malpractice payouts in New York have remained steady for the past two years.Blair Horner of the Public Interest Research Group says that claims by the insurance industry and doctors that malpractice litigation is the driving force behind higher premiums are false.Data show NY malpractice payouts steadyBy MICHAEL VIRTANEN | Associated Press Writer June 5,

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com2tag:blogger.com,1999:blog-7577328.post-9698804139398365262009-05-31T09:58:00.001-04:002009-05-31T10:06:18.704-04:00

Evaluating Medical Malpractice ClaimsBy: John BisnarEach year, I receive over 250 requests to evaluate potential medical malpractice claims. Most of these requests appear to have valid claims against a healthcare provider for errors in providing medical services or failure to provide services. In most situations, in order to properly evaluate a potential claim, records need to be obtained and

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-8625695202416818262009-05-26T17:38:00.000-04:002009-05-26T17:38:56.612-04:00

NY Medical Malpractice and Accidents: The Time Has Come For Jurors To Twitter

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-30044449046857538122009-05-26T17:25:00.005-04:002009-05-26T17:55:21.644-04:00

The time has arrived for all parties to know what jurors are thinking at any given time.Think about it; in the Olympics we demand immediate information from the judges seeking the score of each contestant. The same is true for any contest. In baseball, when the call is questionable, we go to the video. The same thing in football. All sports now use and incorporate current technology to help

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-30820495831267348342009-05-19T22:20:00.002-04:002009-05-19T22:27:58.030-04:00

Today I was on the beach in Naples, Florida watching a fisherman standing on the shoreline throw a small net into shallow water hoping to catch fish.A beautiful slender white bird with a long black beak stood standing patiently only 3 feet away hoping for scraps of fish discarded by the unsuccessful fisherman.Some lawyers remind me of that hungry heron. Sitting in their shared office or home

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-33427012041257353402009-05-19T22:07:00.003-04:002009-05-19T22:16:57.823-04:00

When you first went to your lawyer's office did you ask him how much your case was worth? Did your lawyer tell you not to worry because your case was worth millions?What happened as your case got close to trial? Did he tell you that your case wasn't worth anywhere near what he originally promised you?How did that make you feel?Did you ask why your case was no longer worth the big money that

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-16730616815142440102009-05-15T16:42:00.003-04:002009-05-15T16:52:05.630-04:00

Criminal defense attorney Auger Hollingsworth reports today about a judge in Canada who allowed the media to use Twitter to report on the non-jury trial currently before the court. That's amazing.I have reported previous cases of people who twittered during trial resulting in mixed results; a mistrial, harmless error and an appeal. I also recently reported about a New York juror who was Tweeting

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-35466663052035494282009-05-13T09:49:00.003-04:002009-05-13T10:04:53.192-04:00

A New York medical malpractice attorney must be able to prove three things:(1) Liability,(2) Causation and(3) DamagesOK, but what does that really mean?(1) Liability means that we must be able to prove "with a reasonable degree of medical probability" that the doctor or hospital who treated you "departed from good and accepted medical care.""What does that mean?"It means that we must prove that

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-55200063423979853292009-05-09T21:26:00.003-04:002009-05-09T21:36:08.180-04:00

"HAVE YOU BEEN INJURED? IF SO, CALL ME."Here's my question: Why? Why should I call you instead of the thousands of other lawyers in New York who say the same (stupid) thing. How does that phrase help an injured victim differentiate one lawyer from another?The answer: It doesn't.All those lawyer commercials on daytime TV; all those yellow pages ads for attorneys; they all say the same thing: "Have

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-16457844720174969652009-05-08T12:04:00.004-04:002009-05-08T12:39:41.784-04:00

Two days ago I received this letter:"Dear Mr. Oginski, Enclosed is your check for $1,000,000. This represents the full and final settlement of this action."Looking at this remarkable check, I couldn't help but think how useful this will be for my client who suffered permanent and irreversible injury due to medical wrongdoing. So often we read about injured victims who abuse the legal process for

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-76454554008433375912009-05-05T08:53:00.003-04:002009-05-05T09:00:55.121-04:00

The Chatanooga Free Times reported that a woman undergoing colonoscopy suffered an unrecognized perforation. Later that day, she was throwing up and called the doctor's office. Her doctor prescribed her anti-nausea medicine instead of bringing her back into the office or sending her to an emergency room. "A 30-year-old interior designer at the time, Ms. Freeman scheduled an appointment with Dr.

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-30645266994529882902009-04-29T10:21:00.005-04:002009-04-29T10:32:38.276-04:00

In this 12 page newsletter you'll learn about Gerry's new book, "Doctors Gone Wild." Learn how medicare and medicaid can ruin your accident lawsuit. Find out how Twitter and Facebook led to mistrials in recent lawsuits. Read about a juror in New York who was Twittering during the jury selection process. Learn why a permanent nerve injury resulted in a $1 Million Dollar settlement. Test your

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-68377677290145667802009-04-28T00:15:00.005-04:002009-04-28T00:27:40.639-04:00

I am thrilled to post an excellent legal blog review (known as a blawg) by fellow New York personal injury lawyer John Hochfelder. Here is an excerpt of his review where he graciously included my blog among three for New York medical malpractice attorneys he would have turned to had he needed our advice."It was in the 1970's that Mom got cancer. She was a free spirit, and after traditional

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-50462398038133045152009-04-24T22:35:00.010-04:002009-04-25T23:19:04.522-04:00

For medical malpractice trial attorneys like myself who wonder what jurors are thinking and what they're doing before entering the jury room, here are exact twitter messages from one twitterer waiting to be picked as a juror in New York:"Heading to jury duty - limited blogging."8:00 AM Apr 23rd from web"Can you be exempt from jury duty by twittering court proceedings? Stark editor Matt, explores

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com5tag:blogger.com,1999:blog-7577328.post-1039863410202960932009-04-21T19:17:00.004-04:002009-04-21T19:21:42.788-04:00

In this new book you’ll learn learn how a wrongful death lawsuit in New York works. You'll learn how much time you have to file a lawsuit for wrongful death, how much time you have to file a claim against the New York City Health and Hospitals Corporation and the City of New York. Learn how to choose a wrongful death lawyer in NY. Find out whether you need an autopsy to determine the cause of

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-80698599498225820862009-04-20T12:02:00.003-04:002009-04-20T17:12:56.257-04:00

Gerry's new book, DOCTORS GONE WILD, is an insider's view of medical malpractice cases here in New York. Reading this book you’ll learn 10 Reasons Why You Shouldn't Sue Your Doctor. You'll learn about a Urology Disaster, a Dental Implant Nightmare, a botched breast reduction surgery. Find out whether a doctor who perforates your colon during colonoscopy is responsible for your injuries. Learn

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-4175097581674578302009-04-20T11:24:00.005-04:002009-04-20T23:50:47.371-04:00

HOW TO AVOID MALPRACTICE SUITSWhat you don't do to head off malpractice claims can be as critical as what you do.Dr. Segal, a neurosurgeon, offers refreshing advice for doctors in this month's Medical Economics. He gives important practice advice that all physicians should pay attention to. If only more New York doctors followed this advice, there would be many less disgruntled patients calling

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-43767432453815946232009-04-16T22:03:00.005-04:002009-04-16T23:10:07.967-04:00

You can't avoid reading about different lawsuits every day. Open Newsday, The New York Times, The Post, the Daily News and you'll see many stories about people suing Cities, hospitals, negligent drivers, incompetent police, employers for sexual harassment and the list goes on and on.Break a finger opening a jelly jar; sue the manufacturer for a defective product.A lawn mower blade slips and

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-51991945606130080532009-04-08T14:56:00.003-04:002009-04-08T15:10:10.270-04:00

Newsday reported today that a juror on a criminal case attempted to "Friend" a witness in the case of two firefighters who died trying to escape a Bronx firetrap. Don't these jurors realize what they're doing?According to the article written by Kathleen Kerr, one juror tried to communicate with a witness by suggesting that they keep in touch on Facebook after the trial was over. The defendants in

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-34624717521222836942009-04-06T16:22:00.004-04:002009-04-06T16:25:00.671-04:00

Did you know that if Medicare pays for medical care that you received because of someone else's wrongdoing, and you then bring a lawsuit seeking compensation for your injuries, Medicare has a legal obligation to make you repay them?Let me repeat that and explain. Let's say you're in an accident caused when a driver crossed over the double yellow line and hit you. You're in the hospital for weeks

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-549007249942810812009-04-01T13:40:00.004-04:002009-04-01T14:03:20.478-04:00

Here's the scenario:Lawyer 1 is hired by an injured victim. Lawyer 1 then hires lawyer 2, a trial lawyer to handle the case as "trial counsel." During the litigation process lawyer 2 recognizes that he needs help to try the case and lawyer 2 then hires lawyer 3.Here's the interesting part. When the client went to lawyer 1, he was told that he'd have to hire lawyer 2 to prosecute the case. The

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-66572266193066397042009-03-29T00:36:00.005-04:002009-03-29T00:43:24.645-04:00

Emergency room physician Chuck Pilcher offers this nice comment about my videos and an article I wrote about questioning doctors at their deposition:"Questions to ask. Questions you might be asked. Depends on which side you’re on.Most plaintiff attorneys know how to ask questions. Most defense attorneys know how to prepare their clients to answer them. New York plaintiff attorney Gerry Oginski’s

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-78951060644800402182009-03-18T10:42:00.006-04:002009-03-18T16:34:38.929-04:00

Well it finally happened. A lengthy federal criminal trial in Florida resulted in a mistrial after a juror admitted to doing Internet research, despite the judge's instructions not to.Eight weeks worth of trial were wasted because of one juror's failure to follow the court's instructions. There's a shocker.John Schwartz, a writer for the New York Times, also noted that an Arkansas court is being

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-2844561372854520242009-03-16T16:03:00.002-04:002009-03-16T16:08:35.196-04:00

Every person who calls my office thinks that they are the perfect client.Every person truly believes they have a valid case.Every caller believes their injuries are worth more than the national treasury.From an attorney's perspective, just who is the perfect client?A perfect client is one who is willing to listen.A perfect client is one who is willing to learn.A perfect client is one who is

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-37664726118729146882009-03-13T12:06:00.007-04:002009-03-13T12:27:31.780-04:00

Just today I received mail from a company called Elite Lawyers of America asking me to join their organization to promote my success stories. How did they propose to do that? By joining an organization that supposedly restricts its membership to attorneys who have had awards, settlements or verdicts of at least two million dollars. "Acceptance in this organization represents an incredible

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-63396896285657227552009-03-02T23:02:00.004-05:002009-03-02T23:19:42.573-05:00

In negligence lawsuits in New York, attorneys must pick impartial jurors to sit in judgment and determine whether the injured victims' version of what happened is more likely right than wrong. As the trial gets underway, the trial judge typically gives the jury preliminary instructions about what they can and cannot do as jurors.One of the most common instructions in New York is that jurors

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-74214373175446899952009-03-02T22:21:00.005-05:002009-03-02T22:41:12.563-05:00

You've brought a lawsuit in New York for injuries you received in a car accident. You are seeking money to compensate you for those injuries. You've just given a deposition (a question and answer session) under oath where you explained in detail how your injuries prevent you from playing sports and doing many of your life's daily activities.A few weeks later you are on Facebook telling your

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-49431924281467050962009-02-24T11:27:00.002-05:002009-02-24T12:50:56.508-05:00

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

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-83963951068078276772009-02-21T16:44:00.003-05:002009-02-21T17:12:01.636-05:00

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 or2. The client is unhappy with what the lawyer is doing, or in

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-51565231270798916832009-02-16T16:38:00.004-05:002009-02-16T16:49:34.707-05:00

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

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-9060796405926866422009-02-16T16:30:00.003-05:002009-02-16T16:34:58.713-05:00

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

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-68993066559397705022009-02-16T14:58:00.005-05:002009-02-16T15:05:55.446-05:00

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

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-36869022058488928752009-02-14T11:38:00.005-05:002009-02-14T11:46:09.611-05:00

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.

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-81407781180117244272009-02-05T09:11:00.006-05:002009-02-12T17:08:54.112-05:00

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.

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com2tag:blogger.com,1999:blog-7577328.post-83073793593486704242009-02-04T12:31:00.003-05:002009-02-04T12:39:56.342-05:00

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

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-69285549415809677322009-01-25T20:53:00.004-05:002009-01-25T22:37:51.979-05:00

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-76695802845532718572009-01-21T23:26:00.005-05:002009-01-21T23:52:56.636-05:00

I was asked this question today by a very educated man. He knew someone who had walked into a store, gotten hurt while taking something off a shelf, and assumed that the store was totally responsible for the other man's injuries.I asked "Did the store know about the dangerous condition before this man pulled the object off a shelf?""Why is that important?" asked this intelligent young man.It's

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com2tag:blogger.com,1999:blog-7577328.post-39207528624097253272009-01-04T00:23:00.003-05:002009-01-04T00:30:21.948-05:00

Fellow blogger and lawyer Kevin O'Keefe posts a fascinating article about how "I see more and more crap coming from plaintiff's personal injury lawyers who are trying their hand at blogs."He points out that some personal injury lawyers are doing nothing to educate website viewers with what they do and how they can help potential victims. Instead they're simply advertising using keywords for their

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com1tag:blogger.com,1999:blog-7577328.post-60416116496323752162008-11-29T21:55:00.003-05:002008-11-29T23:33:16.140-05:00

Early morning shoppers on Black Firday, at a Walmart in Valley Stream, NY turned their desire for discounted price shopping into a deadly stampede.The crowd rushed through the Walmart doors without regard for human life or safety. A 34 year old man, Jdimytai Damour was crushed to death in the massive stampede. Importantly, Newsday reported today, November 29, 2008 that Walmart defended their

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-28457662491190238372008-11-29T17:03:00.001-05:002008-11-29T17:07:52.358-05:00

By Gerry OginskiThe world of a New York medical malpractice lawyer is not black and white. The stories that potential clients come in with are never black and white. Many are shades of grey.Here's what I mean. A child was having a CT scan in a Westchester hospital. There is a reason why signs posted around CT scans say that no metal objects are allowed in. The reason is that the CT scan uses a

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-6739730280474071322008-11-26T09:50:00.004-05:002008-11-26T10:07:06.337-05:00

THE LARGE LAW FIRM TRAPTHE SEDUCTIONYou suffered a terrible accident. You have been in the hospital for weeks now. Your family is angry that you are now physically disabled. You wonder when, if ever, you'll be able to return to work. Physical therapy is not helping much. Your treating doctors are not that encouraging. You fall into a state of despair. You know you want to sue the driver of the

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0tag:blogger.com,1999:blog-7577328.post-67580257497717388222008-11-25T23:02:00.000-05:002008-11-25T23:07:07.246-05:00

NEW YORK MEDICAL MALPRACTICE TRAPYOU MISS THE DEADLINE TO FILE A CLAIMYou're still in the hospital. You were in a municipal hospital in the five boroughs of New York; Brooklyn, Bronx, Queens, New York City and Staten Island. You walked into the hospital for surgery. After you woke up, you could not walk.The municipal hospital does not have the advanced medical care to treat you. They ship you off

Gerry Oginskihttp://www.blogger.com/profile/16457638576208020828noreply@blogger.com0