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Gerald Michael Oginski

Gerald Oginski’s Legal Guides

412 total


  • "Objection, Your Honor! That Question Assumes Facts Not In Evidence!"

    When watching a medical malpractice trial in New York or an accident trial or wrongful death trial you will likely hear a defense attorney jump up and yell out "Objection Your Honor, that question assumes facts not in evidence!" Would you like to know what that means? It means ...

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  • "Objection Judge! This Witness is Not Qualified!"

    The judge calls out "Counsel, please bring on your next witness." Your attorney says "I call Dr. Jones, our medical expert." The defense attorney jumps up from his chair and yells out "Objection judge, this witness is not qualified!" The defense attorney is arguing that the wi...

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  • "Objection Your Honor! That's a Leading Question" NY Medical Malpractice Attorney Oginski Explains

    During a medical malpractice trial in New York, you will often see the attorneys object to certain questions. You may have also heard the phrase "Objection! Leading." What exactly does this mean? When an attorney objects, it means he does not like the way the question was asked...

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  • Why Can't Jurors Go Online & Google the Case or the Attorneys? NY Lawyer Gerry Oginski Explains

    You would think it's common sense. When jurors sit and listen to a trial involving medical malpractice, car accidents or even wrongful death here in New York, they are told by the judge at the very beginning that they are not to do any research about the case, the parties or the...

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  • How Many Jurors Do You Need to Decide Your NY Medical Malpractice Case?

    In every medical malpractice case in New York, six jurors must deliberate at the end of the trial. There will be more jurors who actually sit and listen during the trial. Those extra jurors are known as "alternate jurors." However, after all the testimony is finished and all clo...

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  • What is a "Challenge For Cause" in Jury Selection in a NY Medical Malpractice Trial?

    Your case is on for trial and your lawyer tells you that he's going in for jury selection on your case. You've heard the phrase "Challenge for cause" and want to learn what it means. During jury selection each attorney has three opportunities to excuse potential jurors without h...

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  • Jury Selection in NY in a Medical Malpractice Case; What is a Peremptory Challenge?

    In a civil lawsuit involving medical malpractice, an accident or wrongful death here in New York, when your case reaches trial a jury will be selected in order to resolve your dispute. Jury selection is a very significant part of your trial. The attorneys talk to jurors to deter...

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  • Cross Examination in a Medical Malpractice Case: Never Ask A Question You Don't Know the Answer To

    The witness is being cross-examined at trial. He can't answer the questions fast enough. They are short, leading questions. You can feel the tension in the air. The doctor on the witness stand has no room to wiggle. He is being asked to either agree or disagree with every stat...

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  • He Died During Surgery in NY- Can Family Bring Lawsuit for Pain & Suffering?

    He was told it was a routine procedure. Except it wasn't. He had a massive complication during surgery while he was under anesthesia and died during surgery. His family now wants to bring a wrongful death medical malpractice case here in New York seeking compensation for wrongdo...

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  • 3 Mistakes During Hernia Repair Leads to Unrecognized Sepsis & Death; NY Attorney Oginski Explains

    It was supposed to be a routine hernia repair. The doctor told her it was going to be same day surgery. She would be in and out without problem. She had developed a painful hernia because of surgery she had a few years earlier. It was time to get the hernia treated. The doctor c...

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