4 Common Defenses We See in Medical Malpractice Cases; NY Attorney Gerry Oginski Explains
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- Опубликовано: 12 сен 2019
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www.Oginski-Law.com/
NY Medical Malpractice & Personal Injury Lawyer Gerry Oginski lectures to attorneys at the New York City Bar Association this summer (2019) about medical malpractice, geared toward attorneys who do not handle medical malpractice cases on a regular basis.
Questions about your matter that happened here in New York? Call me at 516-487-8207
Email: Gerry@Oginski-Law.com
Each year, I have an opportunity to present a lecture about how these malpractice cases work to lawyers in New York, members of the NY City Bar Association. They have signed up for a 'Bridge-the-Gap' program. It's part of an attorney's obligation to keep up to date with continuing legal education classes. This particular program gives them an opportunity to learn about other areas of law that they normally would not be exposed to.
This lecture is specifically designed to educate lawyers and is not specifically designed for consumers and injured patients. I help these lawyers understand what to do and what to look for when they meet someone who believes they may have grounds to sue their careless doctor or hospital staff.
In this segment of my lecture, I'm explaining the four common defenses we see doctors and hospital staff use when they are sued by injured patients.
Watch the video to learn more...
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: www.oginski-law.com/video/car...
To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, www.Oginski-Law.com
If you have legal questions and your matter happened here in New York and you're thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207
Email: Gerry@Oginski-Law.com
#medicalmalpractice
#medicalmalpracticelawyer
#defenses
Thank you these videos are helpful to get ready for my deposition and trying to think of all the things that the plaintiffs counsel will ask and the ways they will ask them
You’re welcome.
This is very informative,from a plaintiff attack strategy.
Thank you.
I have made a compelling case in regards to my Polymyositis illness, from which the doctor failed below the standard of care to initiate a much agressive treatment on my bahalf and, still I'm having trouble finding an attorney. After many complaints about how I was feeling and asking him to go the next step, he blatantly denied me stating that I was not there yet. I ended up falling, became so weak and lost the ability to support my own weight and now unable to maintain a normal quality of life
Wow. Sorry to hear that.
Why did you keep going to the same doctor that was not helping you. Why didn’t you find a different one?
From reading a lot of medical malpractice cases, it seems that most cases are lost before they ever get to trial because the plaintiff doesn’t provide an expert that is equivalent in background, education and experience to the defendant. I am surprised how often this happens.
Interesting.
Thank you so much 🙏
You’re welcome.
My mom had cancer but her doctor did wrong treatment and she now died. She caught her cancer at very early stage which was treatable. But her doctor did aggressive surgery and gave her no further chemo and treatment. He told her we need no further treatment. Huge wound was forming in the surgical area. Then my moms cancer turned stage 4 and we went to other doctor but unfortunately they couldn’t save her. Other doctor also told us that her previous doctor did wrong treatment. Can I sue that doctor? Im from Bangladesh btw.
I only practice law in New York, and could not help you. You need to reach out to an attorney near you for assistance. Good luck to you.
@@NYMedicalMalpractice but do u think its suable?
@@Iamchip9 As I mentioned, I don't know the law in your State. That's why you need to speak to an attorney in your State who can answer that question.
A nurse holded my baby in birth canal even after head was crowned because the doctor was not arrived . Can I file a case it as medical malpractice
I'm 33 and was working when diagnosed, this doctor stole my life and my have dashed any hopes I had of leading a normal life and having a family
I'm sorry to hear that.
wow this video is a masterpiece! Totally worth watching! I wish u could be my lawyer!
Thanks Chris!
I’ve been dealing with medical malpractice for over 20 years
I’m sorry to hear that.
as a person with Alzheimer's who has needed a lawyer and can not find one who will even call back, no one needs a lawyer more than someone diagnosed with dementia. the hospitals can do all kind of cruel stuff, I witnessed my roommate being attacked in a hospital, twice. I tried to defend her from my bed, no one is interested because 1 - memory loss 2 - no one wants a client with dementia to be forced to testify years later. also thought I reported crimes to hospital I do not believe they followed through on re-education or even punishment. I just had an NP take away heart meds for 30 days, the damage done is permanent and worsening, no lawyer will even talk to me about itf i will get sued for publishing what happened.
also, if diagnosed your family will start taking money and stuff before you even adjust to your future.
Sorry to hear that.
Keep in mind that they're saying there's a failure to stay the claim on the government assistance that is to be granted to me in this state and what I mean by that is according to state laws in Illinois if you receive SNAP benefits or food stamps or any type of government supplemental plan you are eligible for 100% fee waiver. Every time I go to the courthouse if it's not a case where they have some type of ruling that would beat me then I get failure to stay the claim in which relief may be granted at the fee waiver level.
I only practice law in New York. I am not familiar with the law in Illinois. You would need to speak to an attorney there for details about your case.
@@NYMedicalMalpractice I respect it and I do understand relatively loss I don't know if there's a social platform that I can reach you on to show you it just for the fun of showing it you know cuz I'm into like expectation and things with that nature but my bigger problem is no matter how right I am state of Illinois is refusing to recognize simple pieces that would connect a clue if investigated. Basically what I'm saying is the state of Illinois is appropriating the laws so that their people can't go to jail because that's the people that are creating laws family. Judicial immunity does not make sense under the concept that even the president can be convicted.
I was stabbed in my left bicep,the doctors did two additional surgeries. 1 on my inner arm and another on my fore arm inwhich they left open for going on a month now.does this seem right?
You would have to ask your treating doctor that question.
I have a great case. they're going to try to with hold the medical records (guess) - misdiagnose, deprivation of rights, malfeasance, maladministration, conspiracy violation of fiduciary obligation as trustee to a disabled person who suffers with amputation level pain daily. -- 1000's of timed stamped photo's
Sorry to hear that.
Gerry who do you recomend in mi.
Don't have anyone for you, sorry. Keep looking.
In your experience, what percentage of med/mal cases go to trial?
Less than 5% in NY.
@@NYMedicalMalpractice Similiar percentage as in sexual assault cases it appears(from a former SANE here on LI)
@@dmurray5588 Interesting.
How does a case like this affect the providers licensure?
Don´t you think there should be no polemic to declare a medical malpractice? Medicine is not mathematical to try to say this is wrong or right, it´s just the knowledge the physician applies in every case. Justice should take that into consideration.
You would have to ask Medical Experts that question.
@@NYMedicalMalpracticereasonable answer
I told my doctor I passed out and fail in the shower she laughed at me but everybody laughed at me though
Sherrod Henderson And?
@@jonboll-LGM I love the hate keep it coming 😆
She's probably a nasty doctor, but that isn't necessarily malpractice unless they overlooked something else.
I need my shoulder surgery looked over new MRI shows a disaster
Sorry to hear that.
I respect him saying using hypothetical questions because in my situation I would ask if a person looking to do a gender change talked with a psychological doctor about the issue is he to be called crazy. Or a clear and present danger. I recorded our conversation (in audio) to peaceably excising my fundamental immunity of press. I received a shot and involuntary servitudes of psy-care for refusing my property (subject 4th amendment). Is that constitutionally fair? My reputation was destroyed and a probator placed on my record denying my fundamental immunity of self-defense.
I am sorry if my words are scattered I am upset
Ok
My psychiatrist didn’t inform me about the side-effects of the medication that i was taking; after trying to get off of them i almost went into the seizure and had to go to the ER 4 times. I have not felt the same since and am having trouble everyday. Is failing to inform the patient about the side/withdrawal-effects enough for a negligible case?
In New York, lack of informed consent is only one part of a claim.
Did u read any of the literature from the pharmacy about the med side effects or precautions when you got your meds? It tells u all of it right in there.