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Gerald Michael Oginski

Gerald Oginski’s Legal Guides

412 total


  • Injured in a NYC Municipal Hospital; Can You File a Late Claim? Attorney Gerry Oginski Explains

    You suffered an injury in a NYC municipal hospital. Maybe it was Jacobi Hospital, Bellevue Hospital, Elmhurst Hospital, North Central Bronx, Queens General, Kings County Hospital or another one of the hospitals owned and operated by New York City Health and Hospitals Corporation....

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  • Injured in a Municipal Hospital in NYC-What is a 50-H Hearing? Attorney Gerry Oginski Explains

    A 50-H hearing is testimony given under oath in the defense lawyer's office in claims made against New York City municipal hospitals. Those hospitals include Bellevue Hospital, Jacobi Hospital, Elmhurst Hospital, Queens General Hospital, Kings County Hospital, North Central Bronx...

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  • Car Accident in NY; Why Authenticate Police Report in Motion for Summary Judgment?

    When making a motion for summary judgment in an accident case, a medical malpractice case, a car accident case or even a wrongful death case, you are short-circuiting the litigation process and asking for an immediate ruling in your favor. First, a 'motion' is nothing more than ...

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  • Doctor Changes Medical Records in NY; Medical Malpractice Attorney Gerry Oginski Explains

    I was asked to do a deposition of a physician in a medical malpractice case here in New York. To prepare for the deposition, I reviewed the entire file as well as all the medical records. The only records we had from the treating doctor were faxed copies that the patient had obta...

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  • A Settlement Offer Is Made; I Recommend It, You Reject It. What Now? Attorney Gerry Oginski Explains

    The defense makes an offer to settle your case. It might be an insulting offer. Nevertheless, I am obligated to tell you about their offer. On the other hand, if an attractive settlement offer is made and I recommend taking it, what happens if you reject the offer? First, any t...

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  • Car Accident in NY; Why Bring in Doctor To Testify? Trial Attorney Gerry Oginski Explains

    You suffered a serious fractured arm in your car accident. Your case is coming up for trial and you want to know why it's necessary to bring in a doctor to testify about your x-rays. You believe it's really obvious and that all you need to do is put the x-ray up on a lightbox an...

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  • "Knock Knock." "Who's There?" "Mr. Process Server. Open the Door, I Have Something For You."

    There's someone at your door and he says he has something for you. Do you open the door? Turns out he is a process server. He is there to serve you with legal papers. Do you have to open the door? A process server is someone who is hired by a lawyer to deliver legal papers. The...

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  • Trial in NY; How Do You Prove Your Injuries Resulted From Someone Else's Negligence & Carelessness?

    This question comes up every time a new client walks into my office. They always want to know how long their case will take. After explaining the proximate length of time, the next question they ask is how do we prove that the injuriesap they suffered were a direct result of some...

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  • "Have You Ever Been Convicted of a Crime?" NY Medical Malpractice Attorney Gerry Oginski Explains

    The question comes out of left field. One moment your attorney is asking you questions about what happened to you and what injuries you suffered. The next moment you feel like a curve ball came screaming out from the infield. "What?" you ask. "Yes, I need to know if you've ever...

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  • Can You Ask Jury For Sympathy in Your NY Medical Malpractice Lawsuit?

    You might have the idea that since you are in so much pain and have suffered so much that getting a large award is simply a matter of asking the jury to be sympathetic to your plight. I want to share a secret...that's not true. Your family feels bad for you. You feel bad for you...

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