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Gerald Michael Oginski

Gerald Oginski’s Answers

9 total

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

    she was not informed about the risks of the procedure. she was handed the written consent form and was simply told, "sign this". she was later referred to another doctor.

    Gerald’s Answer

    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 know what her medical history was regarding her eyes and what other condition she may have had that may have contributed to her blindness.

    As one attorney correctly pointed out, there are some instances where this type of complication can occur even in the best of circumstances. The key is understanding what happened and why. The only way to do that is by doing a full-blown investigation and having an expert who is qualified in this area of medicine give a full evaluation.

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

    My son died of tracheitis due to pneumonia. I just received the autopsy report and his medical records. He passed on March 19th and was seen on Feb 25 along with my daughter. The doctor diagnosed him with brocialitis and said use albutarol and sa...

    Gerald’s Answer

    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 viable case, it is critical to determine whether there was (1) wrongdoing, (2) the wrongdoing caused injury and (3) the injury is significant and/or permanent. All those things must be confirmed by a doctor who has either treated your son or reviewed all his records.

    The other attorneys are correct when they mention that it is critical to have a medical expert evaluate the records to determine whether the doctor or his staff violated the standard of care.

    There are specific safety rules in existence for the benefit of the patients. This is often known as the standards of care that a doctor who was treating your child is presumed to know.

    If the doctor is board-certified, that means he has achieved the highest level of certification of a doctor in his or her specialty. Keep in mind however that only establishes the baseline level of standards of care and the knowledge necessary to treat a patient with a particular condition. Being board-certified does not mean that the physician is an “expert.”

    The autopsy report is critical in order to know what the cause of death was. However, knowing that information can be a double edged sword. It can sometimes help in a medical malpractice or wrongful death case and on the other hand it could lead to the conclusion that the treating doctor did nothing to cause or contribute to your child's injuries and death.

    One of the key questions we ask when evaluating a case like this is “What was the cause of death?”

    We then try and work backwards to determine what were the signs and symptoms that the child presented with and what treatment was rendered to your child based upon those office visits and complaints.

    There are some instances where a doctor may have failed to further evaluate and perform certain diagnostic or clinical tests to rule in or rule out the most likely causes of your child's condition.

    An attorney who has experience handling medical malpractice and wrongful death matters will know what questions to ask the expert in order to determine whether they were certain steps that the pediatrician failed to take that may have prevented or altered the outcome.

    The only way for you to know for certain and to obtain an educated opinion is to have your matter fully investigated by an attorney willing to conduct a thorough investigation, obtain all the records and have it reviewed by a competent and qualified medical expert.

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

    I had a c- section and during that I heard the Docter panic stating that she had accidentally cut me the other Docter who's name is Docter Peter fanti said not to worry hell fix it they close me up and then I started internally bleeding and it was...

    Gerald’s Answer

    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 to bring a lawsuit is much different than if you were in a private hospital in Brooklyn.

    If this was in a municipal hospital or even Downstate Hospital, which is a state hospital, the time limits are much less. There are special procedures that must be done in order to bring a claim and then file a lawsuit for a municipal hospital or a state hospital.

    If this is a private hospital, you would generally have 2 1/2 years from the date of any wrongdoing. However, you cannot and should not rely on that specific information since I do not have any of the details available to tell you specifically whether or not your matter is currently timely.
    There's a lot more information that is needed in order to give you a detailed answer about whether you might have a valid basis for a case.

    Specifically, it would be important to see the hospital operative report to determine exactly what happened during surgery and what was done as a result of that. It would be important to know why the hysterectomy was performed and whether it was done on an emergency basis in order to save your life and prevent you from bleeding to death.

    In many cases the mere fact that an injury occurs during surgery may not be, in and of itself, evidence of wrongdoing. Typically, wrongdoing arises when the surgeon fails to recognize that an injury has occurred. The delay in diagnosing a condition is usually what rises to the level of medical malpractice.

    There's a lot more information needed in order to give you a better answer about your particular matter.

    If you do have legal questions, I encourage you to pick up the phone and call me at 516-487-8207. I answer legal questions like yours every single day and I welcome your call.

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  • Had surgery last thursday 3/28/13 suffered injury from breathing tube bleeding in near uvula as well as voice box

    couldn't breathe in recovery also sustained breathing problems hours after surgery ear nose and throat can see blood near the voice box and uvula do i have a case

    Gerald’s Answer

    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 of itself mean that there was malpractice. It may, but then again it may not.

    In follow-up with an anesthesiologist, they may tell you that this condition will go away over time. They may suggest, as one of the attorneys in this thread has suggested, that by using a spray to give a mild topical anesthetic effect, it may help in the short run while your body heals.

    There are many instances where a patient will call wanting to know if they have a valid medical malpractice case here in New York. As one of the attorneys above correctly pointed out, many times it is premature to know the true extent of your injuries.


    Not only do we have to show that there was wrongdoing by a doctor or hospital staff, but we must also show that the wrongdoing caused injury and that the injury is significant and/or permanent. If your injuries are temporary, it will be challenging to find an experienced trial attorney who is willing to investigate your matter.

    You need to follow up with your doctors, focus on your treatment and keep in mind that you have a limited time within which to file a lawsuit here in New York. The time limits for filing a lawsuit are different for private hospitals and private doctors and filing a lawsuit against the state of New York and filing a claim against a municipal hospital.

    Good luck to you.

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

    My wife had an in - office D & C performed by her OB / GYN due to a miscarriage . She woke up the next morning experiencing extreme pain with fever . Follow - up in the emergency room proved the doctor left behind much of the material th...

    Gerald’s Answer

    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 means something must have been done wrong. This is not the case. Many injured victims look to their friends who encourage them to bring a lawsuit simply by looking at the injuries they suffered without understanding whether there was wrongdoing or the wrongdoing caused injury.

    The only way an experienced attorney can give you an intelligent, educated answer is to do a full investigation which includes obtaining all of your medical records.

    The attorney then has to go through every single page of every medical record to fully understand what occurred. Then the attorney must, in New York, send all the medical records to a qualified medical expert in order to fully evaluate whether you have a meritorious case.

    Only at that time can the attorney give you an educated answer as to whether there is a true basis to proceed forward with a lawsuit.

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  • 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?

    This past Saturday I slipped and fell on black ice located directly in a storefront. Immediately after the fall bystanders helped me inside of the store while a store employee threw salt and later cardboard down over the black ice in the entry way...

    Gerald’s Answer

    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 might be the city of New York.

    To learn more about slip and fall cases on snow and ice I encourage you to watch the following videos:
    Slip & Fall on Snow & Ice Following Hurricane Sandy and Nor'Easter in New York

    Fall on Ice in New York

    Slip & Fall on Black Ice in New York

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

    During my 4 c-sec in june I didn't felt good but my doctor said u r o.k and after surgery they brought me to recovery room and i continuously said that i m not feeling good but nobody care about it and my doctor went back to her office. sudde...

    Gerald’s Answer

    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) the injury is significant and/or permanent. All of those things must be confirmed by a medical expert who confirms each one of those elements.

    If any one of those elements is missing, then there is no way to bring a successful case.

    It is unclear from your brief description whether any of the care rendered would constitute wrongdoing. Then you would have to show that the wrongdoing caused whatever injury it is that you're claiming.

    Remember, as the injured victim you have the obligation to prove your case. In New York, you have to prove that you are more likely right than wrong that all three of those elements occurred, and they must be supported and also confirmed by a medical expert.

    When we say that you must prove that you are more likely right than wrong that is basically known as the “burden of proof.” It is also known legally as a 'preponderance of evidence'.

    There's a lot more that goes into evaluating a possible medical malpractice case, and as the other attorneys correctly pointed out, it will likely be challenging to find an experienced New York medical malpractice trial lawyer who is willing to look into your claim without having physical injuries.

    Good luck in your search for justice.

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

    Was told infection lived in my right knee and bones since first infection in 1998 also pieces of metal shavings still in knee and developed category 4 arthiritis presently. Cadaver graft used, 5 admits into hospital, iv antibiotics used to calm in...

    Gerald’s Answer

    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 which you have to file a lawsuit.

    However, in order to give you an educated answer about whether you still have the ability to do this, the only way to tell you for sure would be to obtain all of your medical records and go through every single page of every medical record up until today.

    What I look for when evaluating whether there is continuous treatment is to see what complaints you made on each and every visit. Who scheduled a visit? Was it a routine visit just for follow-up or was it because of some specific complaints that have been ongoing and carried over from the last visit?

    If I think there is the possibility that there is continuous treatment, then all your medical records must be sent out to a medical expert to fully evaluate your case.

    Remember, in New York we are required to have a medical expert confirm (1) there was wrongdoing, (2) the wrongdoing caused injury and (3) the injury is significant and/or permanent. If any one of those elements is missing, then there is no way to bring a valid medical malpractice case in New York.

    As always, you should never rely on information provided to you regarding the time limits from anything you see online, whether an out-of-state attorney, an article, a video, or even a blog post because you need to know exactly the time limit for your particular situation. The only way to obtain that specific information is to contact an experienced New York medical malpractice trial attorney to give you an answer.

    I hope this helps.

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

    I am in need of surgery in New York. I want to choose a surgeon in good standings and would like to see their history of complaints or malpractice complaints, if any. How can I do this online?

    Gerald’s Answer

    Go to 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. On the other hand, an absence of lawsuits does not mean that this is the right position for you either. You still need to do more research.

    Another alternative would be to contact the hospital where the doctor works and speak to some of the nurses who work in the operating room, if they are willing to get on the phone and talk to you.

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