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Why Shouldn't I Let My Family

La wyer Handle My New York

Medical Malpractice Case?

4 Things Your New York Injury Lawyer Looks For Gerry Oginski, Trial Lawyer When You Show Up In His Office

Why You Shouldn't Rely on a Lawyer Who

Tells You Your Case Is Worth Millions… Five Reasons Why Your Malpractice Case Won't Be Accepted By A New York Malpractice Lawyer… Slip & Fall - The 10 Most Important Things You Need To Know If You Slip and Fall in NYC Would You Allow A Trial Judge To Sit As A Juror On Your Malpractice Case?

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Learn Why Some People Need a Big City New York Law Firm for Their Malpractice Case p. 2 Oginski-law.com

Why Won't You Take My Small Medical Malpractice Thousands of hits each month! Case? …page 3 Read our FREE special reports. Read our news section and fascinating depositions. I Recent Newsworthy Jury guarantee there's something Verdicts and Awards…page 5 there for you! In This November Edition, We Look At

defense attorneys, and you want firm can handle their type of case. COMMON LEGAL your attorney to have experience Or, the injured victim feels that a handling, prosecuting and trying certain firm has a stellar reputation PROBLEMS malpractice cases. that other, smaller firms just don't have. It'll do you no good if the biggest case your family lawyer has had Why go into the City when you Why Shouldn't I Let involved a minor injury or a 'soft- don't have to? My Family Lawyer tissue' case. Ask your family Handle My New York lawyer if he handles malpractice This brings us back to the question cases regularly. Having a few of why someone would seek out a Medical Malpractice personal injury cases, does not lawyer in the City. People have Case? make him an expert trial attorney in impressions of lawyers and doctors a malpractice case. and professionals. There are some A: Have you ever wondered why very good large malpractice firms there are so many lawyer Nor should you let your family in New York City. There are some advertisements? lawyer put your case into suit to try excellent small malpractice firms and 'squeeze' a few dollars out of on Long Island. Where you choose It's because lawyers think that the malpractice insurance to go should not rest on your injured victims don't know how to company- for a quick settlement. impression of an office at a fancy choose an attorney on their own. Why? Because it doesn't work with address in the City. Guess what? They're right! If malpractice claims. They'll quickly you've got a billboard in front of realize that your lawyer doesn't Rather, your decision about what you after you've been injured that have the ability to take your case to lawyer or firm you choose should says something like "Is your car trial, and your case will suffer be based on what the lawyer can do totaled? Did you break your bones? because of it. for you. Call our law firm..." Isn't this a call to action? Sure it is. But is this the A law firm that has taken cases to 1. What is the lawyer's experience best firm for you? Let's see. verdict and is not afraid to try a handling your type of case? case stands a better chance of Your family lawyer is great to have getting a good result, than a lawyer 2. Is the lawyer a solo practitioner general legal issues taken care of; just looking for a quick settlement. who can give you undivided preparing your will, maybe some personal attention, with a track business matters, parking tickets, Just remember- your family lawyer record of successfully helping his small claims court, or maybe even may be a great lawyer- but think clients? some personal injury. When you've long and hard whether you want 3. Is the firm you're going to a 'mill' been injured by a doctor or a him (or her) to handle your where you're just another file hospital, your family lawyer is malpractice case. Ask lots of number? probably the first one you're going questions, and choose wisely. to turn to for advice. 4. How many attorneys in a big Learn Why Some firm will work on your case? But, is he the right person for the People Need a Big City job? Maybe, maybe not. Medical In all probability, even solo malpractice is a very specialized New York Law Firm practitioners have the same access area of law. Extensive knowledge for Their Malpractice to electronic, online legal research of medicine, while not required, is Case that big firms do. So what's the often helpful in prosecuting a difference? Personalized, malpractice case. The answer is simple. individualized attention. The defense lawyers who represent In a big firm, the lawyer who you the doctors and hospitals are The reason some people seek out a big city law firm for their meet with at your first meeting, usually a sophisticated group of most probably will not be the one trial lawyers. You want your malpractice case is because they feel that only a New York City law who tries your case. In fact, that attorney to be familiar with the trial attorney may never have met 2

you before getting your case ready injury has to have been significant whether your injuries rise to the for trial. and/or permanent. If any one of level where you will receive those aspects is missing, there's no sufficient money after all of his When you call the office, how case. Oh yes, all of those three expenses and legal fee are taken many secretaries, paralegals, elements must be confirmed by a out. What good does it do you if associates and junior partners do medical expert, before I can go most of the money is used for you need to go through to finally ahead and start a lawsuit for you in expenses and legal fees and you are reach the senior partner handling the State of New York. left with a small amount of money? your case? So, why are these cases too small It is for this reason that most New With a solo practitioner, one call for most New York Medical York Medical Malpractice lawyers does it all. Malpractice attorneys? can only accept cases that have a certain value. So, to answer the question, why In the first scenario, Brenda's do some people need a big city injuries are minimal. It becomes Would You Allow A New York malpractice firm? financially impossible to bring a lawsuit for someone where the Trial Judge To Sit As A They don't. They just think they do. injuries are so small as to be Juror On Your Wherever you choose to go, just virtually unnoticeable to the make sure your attorney is right for average person. Malpractice Case? you. In the second scenario, Brenda As an attorney representing Why Won't You Take appears to have been injured by the injured victims, the answer is no. pharmacy's dispensing the wrong My Small Medical Why then did a female trial lawyer medicine. In her case the damages who represented a stroke victim, in Malpractice Case? are minimal, and Brenda is Mineola Long Island agree to expected to make a full recovery. accept a trial judge onto her jury Brenda D'Client comes into my Again, it becomes financially panel in a medical malpractice office with many problems. impossible to bring a malpractice case? lawsuit where the injuries are "My doctor did my plastic surgery temporary (such as bruising). wrong. I can see my scar. See, look According to the New York Law Journal, this female lawyer was close, it's a line right below my In the third scenario, Brenda quoted as saying "I selected this belly. He promised me I wouldn't experienced a well-known side judge because I figured he'd be able have any scars." effect of anesthesia. For her, there's to explain the defense's no malpractice here. There was no shenanigans to the other jurors." "I was given the wrong medication way to prevent this condition from by the pharmacy and I have occurring, and no alternatives to the bruising all over my body." The defense attorney however was procedure she had. Unfortunately, quoted as saying, "I have a she had a bad outcome to a "I had a terrible reaction to the different point of view. I like procedure, without any evidence of anesthesia and now have to get intelligent and smart jurors. That's wrongdoing. Again, it becomes follow-up treatment including a why I chose this particular judge." impossible to accept such a case to blood patch, and medications." prosecute. Interestingly, the day after this Each of these scenarios involved article appeared in the New York Conclusion someone who strongly believed Law Journal, I was participating in a continuing legal education that they were wronged by a Since a New York medical program, judging a national law doctor, pharmacy or hospital. malpractice attorney takes a case student mock trial competition. The on contingency (this means that he Unfortunately for each of them, judge assigned to our courtroom only gets paid if he is successful in they don't meet all the requirements was the one who sat on the recent obtaining money for you), he must needed to bring a successful malpractice case that resulted lay out a considerable amount of malpractice case in New York. in...(can you guess?), a defense money to prosecute your case. verdict. In a malpractice action, I have to Not only does he have to make sure prove not only that there was I learned that this judge was a you have a valid and meritorious wrongdoing, but the wrongdoing conservative republican judge case, but he has to determine has to have caused injury, and the assigned to a criminal trial part. My 3

only thought was, "What was the want the jury to see how educated actually saw his client bite the plaintiff's attorney thinking?" and wonderful this physician is. man's nose off. The witness replies You want them to see how he "No. I didn't." Now- that doesn't mean that even if answers YOUR questions. this person was not on that jury, "Then you're not sure my client and someone else was, that the "You operated on Mrs. Jones 1 year was the one who bit his nose off?" outcome of that malpractice case ago?" would be different. But the purpose "Oh, I'm sure alright. It was of selecting a jury is to try and "You perforated her aorta while definitely your client." select the best possible jury for examining her nose?" your client's case. In my opinion, "Really? How can you be so sure?" putting a republican judge on a jury "The patient bled to death as a asks the defense attorney. in a malpractice case against a result of that puncture, correct?" doctor and a hospital in "Because I saw your client spit out conservative Nassau County is not "Good medical practice dictates the man's nose from his mouth!" a good choice. that when doing this procedure you should stay away from the aorta, Cross-examination of a doctor is In New York, lawyers, doctors, correct?" not easy. Experience is the key and judges and other professionals learning all the medicine possible must serve jury duty. That doesn't "The aorta is not in the surgical helps frame your questions. mean that you have to select them! field, right?" 4 Things Your New Do not ask "So how is it that you 3 Things To Know ruptured the aorta while doing this York Injury Lawyer When You Cross- procedure?" (That's an open ended Looks For When You question.) Instead ask "Did you Examine a Doctor at expect to puncture the aorta during Show Up In His Office Trial this procedure?" "What steps did When you need to find an injury you take to make sure the puncture lawyer, you need to ask lots of Your client has accused a did not occur?" ...and on it goes. prominent doctor of malpractice. questions. You might meet with Her case goes to trial, and your first 3. Do not ask a question when more than one attorney before you witness is the well-respected you don't know the answer! feel comfortable with your choice doctor. How do you cross-examine of lawyer. him? During the course of a lawsuit you will have plenty of opportunity to When you arrive in his (or her) 1. Learn as much medicine as learn everything about what office, you look around, look at the possible that's involved in the happened. In New York, this is diplomas on the wall, look at how case. called the discovery phase of the the office is run, and look at the lawsuit. If you are at trial, and do furnishings. What does this tell You have to be a mini-expert on not know the answer to a specific you? Does a messy office reveal a the medicine before ever getting up question, I strongly suggest you lawyer who can handle your case? in Court to question the doctor. NOT ask the question, unless the Does a clean office mean your Read medical textbooks, medical answer will absolutely not harm lawyer has no other clients? You literature, and use other physicians you or your case. Remember, you don't know from the looks of it. as experts to teach you the never know what will come out of Use your gut instinct to tell medicine. the witness' mouth. yourself whether you can put your trust and your case in his or her 2. Ask only leading direct Here's a great example. A dispute hands. questions. arose between two men in a park. It's twilight. A scream is heard, and At the same time you are deciding You must keep a tight leash on any a witness to the scream turns and whether this lawyer is the right one witness whom you cross-examine. sees two men standing near each for you, the lawyer is also looking If you ask an open-ended question other. One man's nose is gone and at you to see if you are the right ("Tell us why the patient bled to his face is bleeding profusely. The client for him. Here's what a death Doctor...") you will suffer the other man is just standing there. lawyer, practicing in New York dire consequences of a 10 minute will look for in a client. lecture to the jury by this medical On the witness stand, the defense witness. Big mistake. You don't lawyer asks the witness whether he 1. Honesty. 4

The client must be straightforward There are some clients who want to case. and honest about what happened to 'milk the system'. They're waiting them. They must let the attorney for their payday and will simply sit 3. We can't prove that you decide what facts and information home and wait until their suffered significant and are important. We don't want a settlement comes. For those folks, permanent injury as a result of client who is selective about what they live for their lawsuit. wrongdoing by a doctor or they say. We also need to know a hospital. client's past history; were there any For many others, the lawsuit is a skeletons in the closet? Any means of support to pay their What constitutes significant and convictions? Any prior lawsuits? expenses, to be able to afford permanent injury? An injury that We need to know in order to better surgery to correct their problem, disables you from doing your daily help you. and as compensation for their activities. Something that is suffering. The client, who is doing permanent and is expected to last 2. Presentation. everything possible to get their life for a long time, like a scar. A back to normal is the ideal type of fracture is considered significant. How does the client present client. Some people want to return There are many other significant themselves when they talk to you? to work, even if they're in pain. injuries and obviously injuries Are they quiet? Are they loud? Are Others are content to stay at home affect different people different they well dressed? Do they look at and watch TV while recuperating. ways. Your lawyer needs to see you when they respond? Are they how your injuries have affected comfortable telling what happened? As with all types of cases, each one you and what the future holds for is different, and each case has its you. This is very important, because ups and downs. Next time you're your lawyer is looking to see what deciding upon what lawyer to use, 4. You have lied about important type of witness you will make if keep in mind that your lawyer is facts in your case or your past. your case has merit and ultimately deciding whether he'll choose you goes to trial. too. If you lie to your attorney, and he finds out about it, in all likelihood, 3. A Desire To Seek Help- Not Five Reasons Why Your he will not accept your case. Vengeance Malpractice Case Won't Be Honesty is the utmost of importance. If you feel you have There are some clients who come Accepted By A New York certain information you don't want into a lawyer's office so outraged Malpractice Lawyer to disclose to him that's one thing. that they were harmed by someone But to actively lie about past else that all they want is revenge. 1. We can't prove the doctor did lawsuits or events that happened is That's a normal, healthy feeling. anything wrong. a big no-no. Your attorney is There are other clients who come to obligated to keep your information us asking for help because they What do I mean? In order to prove confidential. Hold him to that can't pay their medical bills or their a malpractice case in New York, obligation. mortgage because their injuries your lawyer must prove that your prevent them from working. doctor or hospital departed from 5. You insist on running the show good medical care. Well, how do and tying the attorney's hands by A client who seeks revenge is you prove that? By having a insisting what he can and cannot volatile and unpredictable on the medical expert review your records do. witness stand. That doesn't mean and determine that there were they don't have a valid case. It departures from good care. This is the 'kiss of death' for a case. simply means that it's going to be Where the client believes they tougher to help this type of client, 2. We can't prove that the know more than the attorney and because no matter what the lawyer wrongdoing caused injury. knows best how to develop strategy does, it probably will never be in their case. In a lawsuit, your enough. In New York, we must show not attorney is your legal advisor. He only that there was wrongdoing provides you with the best legal A client who genuinely seeks help (departures from good care) but options available to you, and and compensation to right a wrong also that the wrongdoing caused together you should be able to is the perfect type of client a lawyer injury. Again, this must be proven make the best choices for your seeks. by a medical expert who has case. reviewed all of your medical 4. A Desire To Get Better, and records. If this element is missing, There are instances where the client Improve Themselves. we cannot successfully prove your 5

will demand that the attorney do gather ALL of your information, things that either are not proper, or and then formulate the chances and unfounded, that if done would ruin likelihood of success of your case. your case. Remember, you must A lawyer who does that stands a have faith and trust in your much better chance of explaining to attorney. If not, then you might a client the approximate value of want to look for another lawyer to their case. $3.4 million awarded to represent you. blind woman fired by I'll let you in on a little secret. I state blind agency These are five of the main suspect that those other attorneys reasons why your malpractice who told you your case was worth HARRISBURG, Pa. - A case will be rejected by a New millions did so primarily to have federal jury awarded $3.4 York Medical Malpractice you sign up with them as opposed million Tuesday to a blind Attorney. to going to another attorney. woman who was fired as head of Pennsylvania's state Why You Shouldn't No matter what any lawyer says, it agency for the blind and is impossible to guarantee such a visually impaired, ruling Rely on a Lawyer Who result. If you don't believe me, just that she was discriminated ask the lawyer to put that promise Tells You Your Case Is against because of her in WRITING. See how quickly Worth Millions they backtrack when you ask them disability. to do that! "I went to two other lawyers before The six-woman, two-man coming to you. Each of them told Slip & Fall - The 10 jury awarded her $180,000 me my case was worth millions. in "front pay" - future Why aren't you telling me the same Most Important Things wages she lost because she thing?" You Need To Know If was fired - but her lawyer Simple. What those lawyers did You Slip and Fall in said he will instead ask the judge to reinstate her to her was tell you something they could NYC never guarantee. old position.

Q: What are the top 10 most There is no way for them to know Of the total, Schmerin was important things you need to know how much money they could obtain assessed $1.74 million and if I slip and fall? for you before any case is started Nasuti $1.62 million. The on your behalf. Even if I were to 1. What was the weather like? jury decided that Boone had give you a number that I believe 2. What type of shoes were you proven that the two men you are entitled to, it would be wearing? made false, defamatory and absolutely wrong. I could give you 3. Do you wear eyeglasses? stigmatizing public a wildly outrageous number or a 4. Do you have a history of statements about her firing very small number. Both would be dizziness or falling? that called into question her wrong. 5. Are you taking any medications good name, reputation and that make you dizzy? At the beginning of your case, there professional qualifications. 6. What did you slip or trip on? is so much information to obtain 7. After you fell, did you see what about your injuries, your medical "The jury misunderstood all it was that you fell on? records and how your injuries have kinds of things," said 8. Were there any witnesses to your affected you that it is impossible to Golden, who argued that fall? accurately tell you what your case Boone was fired because of 9. Did you file an accident report is really worth. her shortcomings as a with the owner of the property, or with the police? manager, not because of It's true that there are similar cases her disability. that we may know the value of, but 10. How long do you think the dangerous condition existed remember, each case is different, The jury determined that and each case has different facts before you fell? Boone's firing was either that can make it difficult to motivated by "an evil compare with yours. motive or intent" or the two The job of a good lawyer is to men acted with "reckless or 6

callous indifference" to her Hospital. and Fifty Thousand Dollars rights. ($650,000.00) in past pain The child's family claimed and suffering and Six Million N.Y. Court Upholds $21 that the delivery was Dollars ($6,000,000.00) in Million Vicarious Liability complicated by a shoulder future pain and suffering. Award dystocia. During the delivery, the infant’s head Brooklyn patient wins The New York State delivered but his body did $400,000 for sponge left Supreme Court, Appellate not immediately follow. in body Division, First Department, Rather, his shoulder was has awarded $21 million to stuck behind the mother’s A livery driver in Brooklyn, an accident victim, setting pubic bone. They claimed N.Y., won a $400,000 jury what is believed to be a the obstetrician failed to use award because a surgeon record $8 million for future accepted obstetrical had left a sponge in his pain and suffering. maneuvers to relieve the body after an impaction before completing appendectomy. The case involved a 25- the delivery, and instead year-old pedestrian who used excessive traction (or Youcef Saou's malpractice was rendered a paraplegic pulling) on the infant’s head suit was against the when struck down in in an effort to remove the Lutheran Medical Center Manhattan in an accident infant from the mother’s and the surgeon, the New caused by a Budget Rent A birth canal. As a result, York Post reported. The jury Car in November 2000. nerves controlling the found both the hospital and infant’s brachial plexus were the surgeon to have been The Court upheld $20.3 torn, resulting in a negligent, the report said. million of a $24.5 million permanent right arm palsy. December 2003 jury It took a CAT-scan to find verdict, one of the highest The obstetrician denied that out that an 18-inch surgical such verdicts ever returned this was a complicated sponge -- rolled into a 2- and affirmed in New York delivery, and denied the inch ball -- was the reason State. existence of a Shoulder for the patient's severe Dystocia or that excessive abdominal pain. "This may be the last of the traction was needed to vicarious liability cases effectuate this delivery. The Largest Personal Injury holding rental car doctor did not deny the Verdict in San Francisco companies responsible for existence of the brachial History the negligence of their plexus palsy injury, but operators, as the law of argued that the injury must The parents of a 4-year-old vicarious liability was have occurred in utero. The killed in a Municipal Railway revoked in August by the doctor's expert pediatric accident in San Francisco in Federal Government's neurologist contended that February 2003 have been passage of the Graves the injury was a mild Erb’s awarded the largest Amendment to the Federal Palsy resulting in no personal injury verdict from Transportation Funding bill," appreciable limitation. the city of San Francisco in noted Cook. the city's history. The jury, made up of four Westchester County Jury women and two men, Elizabeth Dominguez was awarded $6.65 million unanimously determined killed when a Muni dollars for an Erb’s Palsy that the doctor had maintenance truck jumped injury suffered at birth. departed from good and the sidewalk near 24th accepted medical practice Street and Potrero Avenue, The infant, Kaquon Burch, during this delivery. The pinning Dominguez to the was born on October 13, jury awarded the infant wall of a pizza restaurant. 1994 at New Rochelle Kaquon Burch, Six Hundred

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In September, a San A Texas jury ordered Ford Ford said it would appeal Francisco Superior Court Motor Co. Monday to pay the verdict. The company jury offered a total verdict the family of a 16-year-old argued that the evidence of $24.7 million to the four girl $30.4 million to showed Garcia was not plaintiffs, which include compensate for a fatal 2004 wearing a seat belt, and the Dominguez' parents, as well rollover crash in which a crash was caused by a as Monica Valencia, a pickup truck's roof negligent driver striking her classmate of Elizabeth's, collapsed. vehicle at highway speeds. and Monica's grandmother Candelaria Valencia, who The attorneys for Jessica "This is another tragic both witnessed the Garcia argued that the F- reminder that seat belts can accident. 150's roof crushed, and the help save lives only when girl was ejected when her they are worn," said Ford The San Francisco Superior seat belt failed to keep her spokeswoman Kathleen Court released a court order inside the vehicle when the Vokes. that offers the Dominguez pickup rolled over. They parents a sum of $15.5 said Ford's design wasn't million in damages, $5 safe. million less than they were awarded in the jury trial. "Ford should treat its

Alternatively, the court customers like prized order states that the possessions; instead, it RECEIVE YOUR parents could opt to have a treats them like lab rats," new trial solely on the said Mikal Watts, the Garcia NEWSLETTER matter of damages. family attorney. BY EMAIL!

If it stands, the amended The Brownsville, Texas, If you'd prefer to receive your verdict of $22.5 million, verdict follows a similar monthly newsletter by email, which includes $3.1 million case decided last month -- simply email me at in damages for Candelaria also argued by Watts -- [email protected], or call my Valencia and $3.5 million in where another Texas jury secretary Frances to give her your damages for Monica awarded a family $42 email address. ______Valencia, would be the million following the death largest personal injury of a 10-year-old boy killed This newsletter is published by THE verdict owed by the city of in an Expedition SUV. LAW OFFICE OF GERALD M. OGINSKI, LLC and is © Copyright San Francisco. protected. It is published for The jury in Brownsville informational purposes only, and no Ford ordered to pay awarded the family $20.4 legal advice is intended. We only $30.4 million to family of million in actual damages practice law in the State of New York. dead 16 year old girl and $10 million in punitive Each case is different and you are damages. invited to discuss any legal questions with Mr. Oginski, at no cost or obligation.

The Law Office of Gerald M. Oginski, LLC PRSRT STD 150 Great Neck Road, Ste. 304 Send to U.S. POSTAGE PAID Great Neck, NY 11021 GREAT NECK, NY Call me personally, PERMIT No.21 anytime. 516-487-8207

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