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Gerald Michael Oginski

Gerald Oginski’s Legal Cases

14 total


  • They Missed The Tumor Right In Front of Their Eyes!

    Practice Area:
    Medical Malpractice
    Date:
    Dec 01, 2009
    Outcome:
    $1,000,000
    Description:
    A home attendant was in a car accident while taking her patient to the doctor. Turns out it happened right in front of a hospital. She had a CAT scan of her head and X-rays that showed she had a tumor growing in her skull. The only problem was that the emergency room doctor failed to tell her that it showed a tumor growing in her brain. Over the next few months the patient began to notice the vision in one of her eyes getting worse and worse. Nine months after the car accident, she finally went to her eye doctor to find out what was going on. Her eye doctor referred her for a CAT scan. The news was not good. She was told she had a massive tumor growing in her brain that was likely compressing the optic nerve. The patient said “That's odd, I had a CAT scan of my head nine months ago and they didn't say anything about a tumor.” The eye doctor obtained the prior CAT scan images as well as the CAT scan report and it clearly showed that there was a benign tumor growing close to the optic nerve. It was obvious the patient needed immediate surgery. However, by this time, the optic nerve had been permanently damaged and this patient lost total vision in her eye. It turns out that if she had been told she had this tumor growing in her head at the time of her car accident, she could have had elective surgery which would have removed this benign growth and not affected her vision at all. Instead, because the emergency room doctor failed to tell the patient about this tumor, it continued to grow, putting pressure on the optic nerve and ultimately causing the death of the optic nerve that controls the patient's eyesight. This tragedy was preventable.
  • How Does a Doctor Fail to Diagnose a Heart Attack?

    Practice Area:
    Medical Malpractice
    Date:
    Sep 01, 2006
    Outcome:
    $6,000,000
    Description:
    He was only 34 years old. He had a beautiful young wife and young daughter. He was also the number one, top-earning salesman in his company for a number of years. One day he began to experience significant chest pain and tightness. He was taken by ambulance to a local emergency room here in New York. The doctors there did the right thing. They began to do a cardiac workup and give him all sorts of tests including blood work, EKG, stress test, echocardiogram and more. They kept him for a few days and told him he was fine. When they discharged him they told him to follow-up with a cardiologist which he did. At the age of 34, he had never been to a cardiologist but followed the doctor's instructions to the letter. He continued to see the cardiologist every month for the next three months. He kept complaining of continuing chest pain. The doctor told him it was nothing and just related to stress. Unfortunately for the patient, the cardiologist never obtained his emergency room records from his visit to the hospital. Three and a half months after his initial episode of chest pain, this patient suffered a massive heart attack that killed 70% of his heart. This young man and his young wife could not understand how these doctors were unable to tell that he had significant heart disease if he was getting all these tests and was under their care. It turns out that when the patient originally went to the local emergency room and had a cardiac workup, the cardiologist who performed these tests misinterpreted the EKG. He thought the EKG was normal. Ironically, the computer read it as abnormal. When I had an opportunity to question the cardiologist about his interpretation of the patient's EKG, he was still adamant and believed that it was normal. I showed his EKG to three expert cardiologists and each one of them told me it was abnormal and it demanded the patient have additional testing and follow-up. Had that been done, the doctors would have immediately realized that three of his coronary arteries were significantly blocked and were causing ischemia, which is a decreased blood flow from these blockages. He then would've been able to have elective triple bypass surgery that would have prevented his massive heart attack that has now crippled him for life. Unfortunately for this patient, he now requires approximately 40 medications per day and has extreme difficulty walking from one end of the room to the other. He is physically incapable of doing any work and his life is shattered. Had the hospital cardiologist correctly interpreted his EKG, this patient would've had a coronary angiogram and then an elective cardiac bypass surgery which would have prevented his massive heart attack. This was a preventable tragedy.
  • Brain Injured Baby Awarded $5.1 Million

    Practice Area:
    Medical Malpractice
    Date:
    Feb 01, 2010
    Outcome:
    $5,100,000
    Description:
    A delayed obstetrical delivery resulted in significant brain damage to a beautiful little boy. This case was settled through trial counsel shortly before jury selection was scheduled to begin. The failure to timely deliver the infant, we alleged, was a significant cause for this child's permanent brain injury.
  • Failure to Diagnose Breast Cancer Results in Untimely Death

    Practice Area:
    Medical Malpractice
    Date:
    May 03, 2010
    Outcome:
    $4,750,000
    Description:
    A young woman presented to her doctor with complaints of a lump in her breast. The mammogram images were misread leading to a failure to timely diagnose breast cancer. The cancer spread throughout her body and ultimately killed her, leaving a young husband and three young children without their mother. The case settled at jury selection when special trial counsel was sent to pick a jury. Had the breast cancer been timely detected, this young woman had an excellent chance of a cure as the mass was small and would likely have responded to surgery, chemotherapy and radiation therapy.
  • Delayed Diagnosis Leads to Permanent Nerve Injury

    Practice Area:
    Medical Malpractice
    Date:
    May 17, 2010
    Outcome:
    $1,000,000
    Description:
    A young man with a suspected dislocated shoulder had his shoulder "reduced." This is a fancy medical term meaning they put the shoulder back in the socket. Since they had to manipulate the man's shoulder many times to get it back in, the doctors failed to recognize that they damaged the nerve leading from the armpit to the hand. Importantly, there was fluid that compressed the nerve in the arm, causing a decrease and ultimately a total lack of blood flow to the nerve. The doctors failed to timely recognize this nerve injury. When they finally recognized the problem and took the patient into surgery, the damage had already been done, leading to permanent nerve injury.
  • A Urology Nightmare

    Practice Area:
    Medical Malpractice
    Date:
    Dec 14, 2009
    Outcome:
    $850,000
    Description:
    The case involved the improper insertion of stents into my client's penis causing total destruction of the tube that carries urine from the bladder down into and through the penis. This tube is called the urethra. We alleged that the doctor never should have inserted stents into this man’s urethra and doing so was a departure from good medical care. Putting the stents in, taking them out, and putting two new ones in, destroyed his entire urethra.
  • Optic Nerve Cut During Surgery- Blindness In One Eye

    Practice Area:
    Medical Malpractice
    Date:
    Jul 01, 2008
    Outcome:
    $775,000
    Description:
    A man lost eyesight in one eye because an eye doctor failed to recognize that the optic nerve was cut during surgery. A man was mugged and suffered broken bones in his face. The muscle that controlled movement of his eye from side to side got trapped in a broken bone and needed to be removed. The doctor who did the surgery claimed to be proficient in this surgery and chose to do the procedure rather than let a more experienced surgeon do it. After the surgery, the patient had no vision. Even after immediate corrective surgery, the nerve that controlled eyesight was totally destroyed, leaving the patient with permanent blindness in one eye.
  • Hernia Repair Leads to Bowel Injury, Unrecognized Sepsis & Death

    Practice Area:
    Medical Malpractice
    Date:
    Nov 28, 2012
    Outcome:
    $840,000
    Description:
    It was supposed to be a “simple” hernia repair. The doctor said he had done these many times before. The only difference was that this doctor was a GYN oncologist and not a general surgeon. The patient even asked the doctor whether they should have this done with a general surgeon. The doctor reassured them that he could do this procedure and in fact would look around and make sure she was cancer free during surgery. Three years earlier the patient had been diagnosed with ovarian cancer and had a total hysterectomy. She was then closely monitored over the next three years and at the time of this hernia surgery was cancer free. The patient agreed to have surgery with the GYN oncologist. He was reassuring. He was trusting. She had no reason to disbelieve him. During surgery, something happened. The patient had significant scar tissue, known as adhesions. During the course of the hernia repair, a hole was accidentally made in the patient's bowel. Luckily for the patient, the doctor recognized this hole at the time they made it. The problem was that the surgical team now was faced with a few different options. When a minor injury occurs to the bowel during surgery, the doctors can sometimes oversew it. When the injury is significant and is a through-and-through perforation, it becomes necessary to remove the damaged bowel. However, the better practice is to call in a general surgeon or a bowel surgeon, also known as a colorectal surgeon to fix the bowel injury. In this caes, the surgical team decided they would fix it themselves. That was mistake number two. In order to remove the damaged portion of the bowel, they must cut both sides of the damaged bowel and remove that section of the bowel. They must then take both remaining ends and put them together and sew it tight so it forms a closed seal. That is known as an end-to-end anastomosis. Over the next few days the patient continued to deteriorate. She developed cardiac complications that medication was not able to control. She was soon transferred to another local hospital where they had better cardiac facilities to monitor her condition. Unfortunately, her blood pressure was dropping, her kidney function was dropping and she developed an overall septic picture that required surgical consultation. The surgeon was unable to determine exactly what was going on with her and decided he had to rush the patient into surgery and re-explore her belly to see if there was a possible leak that could be causing her worsening condition. What the surgeon found was remarkable. As he opened up the patient's belly, he saw fecal contents in the belly. This is not something that should be in the belly. These fecal contents are also known as enteric contents. His next observation was startling. The anastomosis, which represents the two ends of the bowel that had been stitched closed together, was wide open. Contents from the bowel had been freely flowing into the patient's belly over the past few days. No one had recognized this was happening. The surgeon attempted to clean the patient out but was unable to close the wound or the bowel. He knew that within a few short hours he would have to clean the patient out again. Over the next few hours, the patient coded three times during the night and ultimately died during her final cardiac arrest. It was our claim that this patient never should have had surgery with the GYN oncologist for an elective hernia repair. Especially when she had no internal female reproductive organs, and this GYN oncologist had never operated on this patient for any GYN cancer problem. Instead, we argued that the patient should have been sent to a general surgeon to have this procedure done. The next mistake was that the surgical team failed to call in a general surgeon or a colorectal surgeon to fix the bowel injury when it happened. Mistake number three was performing the end to end anastomosis in a technically deficient manner so that it opened within 24-48 hours after the original surgery.
  • 67 year old woman died two days after having colonoscopy

    Practice Area:
    Medical Malpractice
    Outcome:
    $580,000
    Description:
    She was told she was having a “routine” colonoscopy. The anesthesiologist sedated her and her gastroenterologist began the procedure. Shortly after the procedure began, the patient began to vomit stomach contents. The anesthesiologist failed to recognize this. This was a significant problem since the patient was sedated. As a result of her being sedated under anesthesia, the patient wound up inhailing the vomited contents right into her lungs. Stomach contents are acidic and do not belong in the lungs. The anesthesiologist failed to recognize how dire the situation was and the gastroenterologist decided to continue on with the procedure in light of this episode. The patient wound up having massive respiratory difficulties and needed to be rushed to the emergency room since she could not breathe well. Two days later this patient died as a direct result of what is known medically as “aspiration pneumonia.” Basically it means that the patient inhaled her own vomit and could no longer breathe as a result of this. This tragedy was preventable.
  • "There's a Hole In Your Eye" the Doctor Says to the Patient

    Practice Area:
    Medical Malpractice
    Outcome:
    $500,000
    Description:
    A gentleman who was working as a laborer who went to go buy supplies to fix up a home. Something got into his eye and despite washing it out, he continued to have pain and tearing. He was taken by ambulance to a local emergency room here in New York and was seen and examined by a white coated woman who proclaimed she was a "doctor." The patient had specifically asked for an eye doctor and she reassured him that she knew what she was doing. She examined him and came to the conclusion that he just had a scratched cornea and all would be fine. She handed him some eye drops and told him he could follow up with an eye doctor in a few days if his condition got worse. Over the next day and a half, his eye continued to tear and the pain increased dramatically. He called the eye doctor and two days after his accident was sitting in the eye doctor's office and these were the words he heard: "Sir, you have a hole in your eye. You need surgery immediately." He responded, "What do you mean I have a hole in my eye? I was told I only have a scratch on my cornea!"