Surgeon Must See What He Cuts; New York Medical Malpractice Attorney Gerry Oginski Explains
Feb 17, 2013
There are times during surgery when the surgeon will be unable to get a good visual field because of significant bleeding or even scar tissue. In that instance, the doctor has an obligation not to cut ...
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What is a Subpoena Duces Tecum? New York Medical Malpractice Attorney Gerry Oginski Explains
Feb 17, 2013
A subpoena is a document that compels someone to do something. It carries judicial weight. It formally commands someone to either appear in court or produce documents.
A personal subpoena is a judicia...
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Is Your Pre-Trial Testimony Important? New York Medical Malpractice Lawyer Gerry Oginski Explains
Feb 16, 2013
You might think that giving pre-trial testimony in your lawyer's office doesn't mean very much. You might think it has little to do with your trial. If so, you'd be 100% wrong.
Your pre-trial testimon...
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Who Awards You Money In Your Negligence Case? New York Accident Trial Lawyer Gerry Oginski Explains
Feb 16, 2013
Many people think the trial judge tells the jury how much they can award in a negligence, medical malpractice or wrongful death case in New York.
That thinking is totally wrong. Most injury and accide...
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Can a New York Jury Award You More Money Than You Ask For? Attorney Gerry Oginski Explains
Feb 16, 2013
Just because a lawyer asks for a certain amount of money in a jury trial in New York, does that mean the jury can only award what the attorney asks for?
You might be surprised to learn that the answer...
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Missing Witness at Trial; New York Medical Malpractice Lawyer Gerry Oginski Explains
Feb 16, 2013
The defense fails to call a witness at trial. Can you comment on that during summation?
The short answer is "Yes." Assume the defense has you examined by a doctor of their choosing to determine the ex...
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Missing Evidence at Trial; New York Medical Malpractice Trial Lawyer Gerry Oginski Explains
Feb 16, 2013
A key piece of evidence goes missing during the course of your lawsuit. The defense has no explanation for why they cannot find it. On the other hand, maybe they do have an explanation.
Can you discus...
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Your New York Doctor Says You Have Cancer But You Really Don't. You Then Have Surgery to Remove It
Feb 16, 2013
You had a biopsy and the doctor tells you that it's cancer. You are shocked. The doctor tells you is likely malignant.
The doctor tells you you need surgery right away, otherwise you will likely die.
...
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Your Treating Doctor Won't Talk to Me; NY Medical Malpractice Trial Attorney Gerry Oginski Explains
Feb 16, 2013
The best person to speak to about your current medical condition is obviously your current treating doctor.
When evaluating a possible medical malpractice case in New York, it is critical to understan...
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Emergency Room Cardiologist Misreads EKG; Patient Suffers Massive Heart Attack 3 Months Later
Feb 16, 2013
A young man was having chest pain and went to his local emergency room. While in the emergency room they did the correct thing. They did a full cardiac workup. They did an EKG. They drew his bloods. Th...
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