Gerald Michael Oginski’s 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...

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...

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....

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...

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...

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...

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)...