Gerald Michael Oginski’s Answers

Gerald Michael Oginski

Brooklyn Medical Malpractice Attorney.

Contributor Level 12
  1. Had surgery last thursday 3/28/13 suffered injury from breathing tube bleeding in near uvula as well as voice box

    Answered over 1 year ago.

    1. Craig A. Post
    2. Daniel DeMaria
    3. Edwin Drantivy
    4. James D. Kiley
    5. George Costas Andriotis
    6. ···
    8 lawyer answers

    One of the key questions to answer when evaluating a medical malpractice case in New York is whether there was a departure from good and accepted medical care in performing the procedure. It might be a surgery issue. On the other hand, it might be an anesthesia issue. In New York, we are required to get a medical expert to confirm that there was wrongdoing by either the surgeon or the anesthesiologist or both. The mere fact that you have developed a postoperative complication does not in and...

    6 lawyers agreed with this answer

  2. How to research a Doctors backround for medical malpractice in NY?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Garret Patrick Rooney
    3. Christian K. Lassen II
    4. Gerald Michael Oginski
    5. Joseph Gerard Dell
    5 lawyer answers

    Go to e-law.com endless research with the doctor's name to see if they have been sued. Remember, just because someone has been sued in a particular case does not necessarily mean that the injured victim will be able to prove their case. All it means is that someone has been sued. This website will not tell you whether case resulted in settlement and if so for how much. However, if the doctor has been sued 25 times within the past few years, you will get a sense that something is going on....

    4 lawyers agreed with this answer

  3. Can I sue my pediatrician for wrongful death of my 5 month old son

    Answered over 1 year ago.

    1. Gregory Scott Gennarelli
    2. Eric Edward Rothstein
    3. Ilya Novofastovsky
    4. Effimia Soter
    5. Jayson Lutzky
    6. ···
    8 lawyer answers

    The key thing to keep in mind is that you have a limited time frame in which to bring a lawsuit for the death of your son. Typically, you have only two years from the date of his death in which to file a lawsuit in New York. However, if the treatment involved care rendered by a municipal hospital, municipal clinic, state facility or other specialized place that was not a private healthcare facility, your time limit could be significantly less. In order to properly evaluate whether you have a...

    3 lawyers agreed with this answer

  4. I slipped and fell on black ice in a storefront, breaking my wrist. Do I need a personal injury lawyer? What are my next steps?

    Answered over 1 year ago.

    1. Jeffrey Mark Adams
    2. Eric Edward Rothstein
    3. Anthony A. Ferrante
    4. Yefim Rubinov
    5. Gregory Scott Gennarelli
    6. ···
    12 lawyer answers

    First, you need to learn about how an attorney evaluates a slip and fall case like this. You need to know the difference between actual notice and constructive notice. Basically, what that means is that the owner of the property knew of a dangerous condition and failed to fix it before you slipped and fell. There may be special rules that govern who is responsible for keeping the sidewalk clear of snow and ice depending upon where it is located. It might be a private property owner or it...

    3 lawyers agreed with this answer

  5. My grandmother under went laser eye surgery in one eye and is now blind in that eye can she sue?

    Answered over 1 year ago.

    1. Jayson Lutzky
    2. David Ian Schoen
    3. Christian K. Lassen II
    4. Joseph Jonathan Brophy
    5. Gerald Michael Oginski
    6. ···
    7 lawyer answers

    Before you are permitted to sue a doctor for violating the standard of care, we must evaluate the medical records and have an expert confirm that there was a violation standard of care, that the violation was a substantial factor in causing or contributing to her injury, and that the injury is significant and/or permanent. In New York, we must have a medical expert confirm each of those things. Her age will be important as well as why laser eye surgery was recommended. It's critical to...

    2 lawyers agreed with this answer

  6. Should we pursue a medical malpractice case due to a botched D & C ?

    Answered over 1 year ago.

    1. Ryan M. Finn
    2. Eric Edward Rothstein
    3. Christian K. Lassen II
    4. Gerald Michael Oginski
    5. David B Pittman
    6. ···
    6 lawyer answers

    In order to prove a medical malpractice case in New York, we must show (1) there was wrongdoing, (2) the wrongdoing caused injury and (3) the injury is significant or permanent. All three of those elements must be confirmed by a medical expert who has reviewed all of your records. If any one of those elements is missing, and there is no way to bring a successful case. Many injured victims believe that simply because they suffered a complication following a procedure, that automatically...

    2 lawyers agreed with this answer

  7. 1998 ACL surgery with major complications, 2011 injure same knee developed another infection Can I sue.

    Answered over 1 year ago.

    1. Jayson Lutzky
    2. Christian K. Lassen II
    3. Gerald Michael Oginski
    4. Todd Nathan Hendrickson
    5. Marco Caviglia
    6. ···
    7 lawyer answers

    in New York, you have only 2 1/2 years from the date of any malpractice within which to start a lawsuit against a private doctor or private hospital. There are numerous exceptions. As attorney Jason Lutsky correctly pointed out, there is something known as the 'continuous treatment doctrine'. This basically means that if you continue to see and treat with the same doctor for the same condition and complaint that you originally went to him for, then it may be possible to extend the time in...

    2 lawyers agreed with this answer

  8. My Lawers told me i have a case what's the nexts process

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Matthew C Simon
    3. Christian K. Lassen II
    4. Harry Edward Hudson Jr
    5. Gerald Michael Oginski
    6. ···
    6 lawyer answers

    Here's what you need to know: In order to prove a case we need to show (1) that there was wrongdoing, (2) that the wrongdoing caused injury and (3) that the injury is significant and/or permanent. All of those things must be confirmed by a medical doctor who has reviewed your records or who has treated you and confirms each of those things. It is also critically important to know which hospital you were in. If you were in a municipal hospital like Kings County Hospital, the time limit...

    1 lawyer agreed with this answer

  9. Can I sue my doctor for malpractice after 8 months in ny state?

    Answered over 1 year ago.

    1. Jayson Lutzky
    2. Christian K. Lassen II
    3. Jeffrey Bruce Gold
    4. Gerald Michael Oginski
    4 lawyer answers

    Most experienced New York medical malpractice attorneys, like myself, will not take on a case that has limited injuries. Nor will I take on a case that has only mental or psychological injuries. There are some law firms who will do that and represent people who only have psychological and emotional injuries. However, keep in mind that in order to prove a case of medical malpractice in New York, we are required to show (1) that there was wrongdoing, (2) the wrongdoing caused injury and (3)...

    1 lawyer agreed with this answer