Medical Malpractice Lawyers

The term ‘locking the stable after the horse has bolted’ certainly applies to medical malpractice suits. Suing a medical practitioner for malpractice can, by definition, only happen after actual damage has been inflicted. Legally speaking, medical malpractice is a rather vast concept. However, the baseline definition includes areas such as wrongfully administered medical treatment, damages arising from a doctor’s incompetence, and the resulting loss in terms of wellbeing and finance for the patient.
Derived from the Latin term ‘mala praxis’, medical malpractice is a legal area that holds the treating doctor responsible for deviating from accepted norms of medical practice by failure to ensure proper treatment parameters. A patient, while under treatment, is more or less a helpless spectator to the process and has no real control over it. Loss of health and finance resulting from incompetence or maliciously administered wrong treatment therefore puts a high degree of accountability on the treating physician. Medical malpractice lawyers specialize in zeroing in on this accountability factor and claiming damages for affected patients.
Malpractice claims depend on the nature of the event in question. Plain negligence on the part of the treating physician, though a serious matter, would probably not be dealt with as harshly in a court of law as wrongful treatment (via administration of medicine, surgery or other therapeutic measures). Problems arising out of a physician’s incompetence or ignorance would entail a civil suit, while deliberate malice, if proven, would result in criminal charges against the doctor – and significantly greater restitution in damages for the patient. A good malpractice lawyer will evaluate a client’s claim and attempt to secure the highest amount in damages from the offending medical practitioner.
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The Role of a Medical Malpractice Attorney

When a client files a claim for malpractice, it is the medical malpractice attorney’s job to secure him or her damages for the pain and suffering which resulted from a doctor’s negligence. In cases of death, the attorney attempts to college damages for the family of the deceased. This can be a complicated procedure, as malpractice laws and regulations, particularly the statute of limitations, may vary from state to state.
There are two types of damages available to victims of medical malpractice. A successful malpractice attorney may be able to secure the client both compensatory, as well as punitive, damages. Compensatory damages serve to financially compensate victims of medical malpractice for their own financial losses or damages that may have resulted from the incident. The client may be entitled to compensation for a whole host of medical bills both past and future, including hospitalization, surgery or therapy. The client may also be compensated for pain or suffering resulting from the malpractice. This might include any deformity or disfigurement, as well as physical or mental impairment.
Punitive damages refer to money recovered to make an example of the doctor in question. These awards are not meant to compensate the victim, but more to punish the defendant and hopefully deter him or her (as well as the profession) from future misconduct. Punitive damages are more difficult to recover, as the malpractice attorney must prove obvious, reckless disregard for the safety of a patient. The doctor must have knowingly engaged in inappropriate dangerous behavior for punitive damages to be recovered.
Medical malpractice attorneys must be aware of the specific medical malpractice “statute of limitations” governing the state in which the incident occurred, before addressing each malpractice case. The statute of limitations refers to the length of time one can legally wait before filing a claim for medical malpractice. These lengths vary from state to state so it is important for both the client and the malpractice attorney to be aware of their individual state laws governing medical malpractice.
Oftentimes, in cases where malpractice attorneys are successful is producing compensatory and punitive damages for a client, malpractice payouts can reach into the millions or dollars, depending on how profound the suffering of the victim is determined to be. Obviously then it is in a victim’s best interest to procure a medical malpractice attorney who is well-versed in the malpractice laws of the state where he or she resides.
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Medical Malpractice Attorney

Medical malpractice is one of the most commonly recognized forms of malpractice. It refers to the breach of duty by the medical professionals (such as doctors, nurses, technicians, therapists, or hospitals) in providing a decent standard of care to the client and, in the process, cause damage, injury or loss to the client. In such cases of medical malpractice, the client has the right to sue the medical professional. But this is not possible for just any layman. He or she has to rely on an attorney or lawyer who is an expert in medical malpractice.
The client approaches a medical malpractice attorney reputed for his or her outstanding performance in the standard of care, competence and, most of all, an appropriate education. He or she is the one who has specialized in the type of case for which the client wants to sue the medical professional. For instance, if the case is pertaining to a damage caused due to the negligence of the doctor while performing a hip replacement surgery, the client takes the help of a specialist attorney in hip replacement cases. The attorney with his expert knowledge will study the case, estimate the compensation due to his client and tell if the case is worth being filed.
The law in medical malpractice checks for the reasonable standard of health care as provided by the medical practitioner. This standard of care is based on the services provided by similar professionals specializing in the filed of medicine in the same geographical location.
The attorney evaluates the medical professional under scrutiny on this standard of care. The medical malpractice attorney also takes into consideration the fact that some of the procedures involved in medical sciences are prone to unavoidable risks.
The attorney remains just to his or her client, maintaining ethical standards. As far as the attorney’s fee is concerned, the client will pay a percentage of his or her settlement amount. If otherwise, the client gets exempted from making payment.
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Medical Malpractice Settlements

As the name suggests, medical malpractice refers to improper practice or improper care by the people involved in the medical profession. It is one of the most dangerous and frequently committed mistakes, which is considered to be a crime. Medical malpractice causes a number of deaths in the US and hence, it is severely dealt with. The victims of medical malpractice can file cases through medical firms, specialized in medical malpractices against the organization or person, by which or whom they have been neglected. Settlements, therefore, form an essential part in such cases.
Usually these law firms work on the basis of contingency, meaning they receive their payment only if they win the case of their clients. A portion of the settlement amount won by the client is then given to these law firms as their payment. However, it is to be noted that lawsuits filed should be relevant enough, to provide a strong foundation for claiming the settlement amount. Some of the most common medical malpractice claims include wrongly diagnosed heart attacks, wrong prescriptions, breast cancer, meningitis, strokes, and difficult pregnancies/birth difficulties.
Often after the settlement amount is decided, it is paid over a long period of time, which is a troublesome process. Moreover the utility of the money also reduces, as it is received in installments and not as a lump sum amount. As a solution to this problem, a number of funding companies have come up with offers to a better mode of payment over the years. Most of these companies have their own websites, providing their contact details in order to take their help in getting the settlement amount. Once contacted, these companies go through the details of the specific case, judging whether the client fulfills their basic guideline requirements and qualify for the payment. If satisfied, they will then contact the attorney and after getting approval from the attorney, the amount is sent through a check or gets credited to the client?s account. However, it is advisable to compare and check the various conditions and charges deducted by these companies before deciding on one.
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How Much Money Is Your Malpractice Case Worth?

Every injured victim that walks into a lawyers office wants to know how much their case is worth. Some don't really care about the money; some want revenge. Some want the doctor's license revoked; some want the hospital punished. Then again, some want total and full compensation.
"YOUR CASE IS WORTH $2 MILLION DOLLARS," says Jim Bob, Lawyer extraordinaire. "Oh no, your case is worth more than that," says lawyer Dewey Cheatem. "Just sign right here with me and I promise you I'll get you millions!" screeched the TV advertising lawyer.
Whatever the motivation, a civil lawsuit for medical malpractice and personal injury seeks money for the injured victim. But how are you to know how much your injury is worth?
The answer is not so easy to answer, and here's why...
If you listen to each of those attorneys above, they all promise you something that they can't do. How do I know? Just ask each of them to put that guarantee IN WRITING. They'll never do it. That I guarantee!
In every State, and in every County there are multiple factors that go into the mix to determine what your case is worth. It is important to remember that no two cases or injuries are the same. Having said that, I'm going to explain the basics:
1. Economic loss: This one is easy. How much money did you lose because you were injured? Were you out of work for days, weeks or months? Did your employer pay your salary during that time? If not, you can calculate the amount of money you would have been paid had you not been injured.
What if you have a permanent disability that prevents you from working in the future? Well, now things get a little more complicated. Your lawyer will need to hire an economist to predict what your earnings would have been for years into the future. He will also have to predict what perqs and benefits you'd have received if you worked to retirement age.
This gives us hard numbers that we can use to show the extent of your permanent injury.
But what if you didn't lose time or money from work? What if you were a housewife (or househusband), or unemployed at the time of the injury? Does that mean that you're not entitled to collect any economic loss? Yes. But all is not lost. There is still pain and suffering, and possible claims for loss of services that I'll explain in a moment.
2. Pain & Suffering: How do we know that your fractured hip in Brooklyn, New York is worth the same as in Cincinatti, Ohio? Your lawyer is usually able to do research which will tell him (or her) what similar cases have settled for or resulted in jury verdicts and appeals.
Here are important points to know which will help you answer the original question, 'how much is your case worth?':
1. What is your race or nationality?
2. What town do you live in?
3. What is the race or nationality of the people you have sued?
4. What County have you brought your lawsuit in?
5. How old are you?
6. What is your life expectancy (based upon statistical tables)?
7. How long were you in the hospital?
8. Over what period of time have you received medical care for your injuries?
9. What problems do you still have from your malpractice?
10. How are you disabled or limited from doing those daily activities that you used to be able to do?
11. Do you have kids?
In the case of an 80 year old woman who fractures her leg, her case has less value than say, a 35 year old executive who lost 1 month from work, was in the hospital for 3 weeks and now limps from the injury.
Take a look at a recent settlement in New York City...
It involved a young man who had both legs amputated when the Staten Island Ferry crashed because of negligence of the crew. The City of New York decided that this injury was worth almost $9 Million dollars. This was one of the largest settlements ever for an injured victim in New York. Why is his injury worth more than a family who lost their father when doctors misdiagnosed his lung cancer?
The answers can be confusing. The answer can also depend on which lawyer you hire and how experienced he (or she) is in negotiating and trying cases.
So beware the lawyer who tells you what your case is worth as soon as you walk in the door. A thorough investigation of your case, your injuries, your disabilities and limitations all go into the mix to determining what your case is worth. Even then, there's no guarantee you can get that magical number. But try you must. Remember, keep an open mind and ask your lawyer lots of questions.
Attorney Oginski has been in practice for over 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.
Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at, or 516-487-8207. All inquiries are free and totally confidential.
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Cost of Medical Malpractice

The costs of medical malpractice vary from case to case and even state to state. To give you an idea of the cost of medical malpractice, here are some examples of medical malpractice cases across the US and their estimated settlement costs.
In New Jersey, a podiatrist (foot doctor) failed to accurately diagnose a 58-year old woman suffering from diabetes. The doctor was not also able to treat her infected foot ulcer which resulted to the amputation of her big toe and metatarsal bone. The podiatrist even altered his records to hide his mistake, but was later on found out by authorities.
Settlement Cost: $425,000
In Florida, a young woman suffering from draining foot ulcer for nine months was not treated properly by her podiatrist. Her bone became infected and the leg was amputated. The doctor even blamed this young woman, a mother of two, for not following his instructions properly. Eventually, it was found out that the doctor was fake.
Settlement Cost: $300,000
Also in Florida, there was a podiatrist who performed surgery on an elderly client who had serious peripheral vascular disease. In a week after the procedure, the patient developed gangrene and her leg was amputated. The doctor maintained an insurance coverage of only $100,000 and this amount was awarded by the doctor's insurer.
Policy Limit Recovery: $100,000
In Arizona, a podiatrist repaired the torn Achilles tendon of a young lady. After some time, the tendon ruptured again which meant that the surgery the podiatrist performed was not good enough. When the lady was brought to the operating room for another surgery, the hospital refused to let the doctor do the operation as he did not actually have the privileges in perform such surgery- because he was a fake doctor.
Settlement Cost: $115,000
In Florida, a physician was not able to diagnose the necrotizing fasciitis of the client's leg and discharged her with a "groin strain" instead. A few days after, the woman was confined in the hospital where she had near-death treatment in intensive care, 12 surgeries, hyperbaric oxygen, and physical therapy for about 60 days. She became disabled and one eye became damaged due as a result of infections and coma.
Settlement Cost: $500,000
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Malpractice - Filing A Lawsuit

In this article we're going to go over filing a malpractice lawsuit, who can file, how to file and what is involved in proving malpractice.
Like it or not, malpractice lawsuits are a fact of life. The statistics of how many malpractice lawsuits that are filed each year in the United States alone is staggering. But the statistics are for another article.
So what does someone do if they feel they are the victim of malpractice?
For starters, they'd better file their claim early. That means getting a lawyer who specializes in malpractice and have him process the necessary paperwork. There is a statute of limitations on malpractice suits and filing even one day past the deadline can mean your suit never even makes it into court.
When getting together with your lawyer there is an enormous amount of information that you will need to provide him with. Most of it, if this is a medical malpractice lawsuit, can be obtained from your patient files. If the patient has died because of the malpractice then the family member responsible will be able to get access to the files.
Aside from the information in the files there is other information that the lawyer should be provided with. Any actions the patient took prior to the actual treatment should be noted. Sometimes it's what's not in the file that can mean the difference between winning a losing a case. For example, if the patient tried to get certain tests done but for some reason they kept getting put off, not because of the patient, this information may not be in the file. A call to a doctor's office to make an appointment for tests that had to be put on hold won't necessarily be in the file. Anything the patient or patient's family can remember about all events leading up to treatment may be helpful.
Then, after the lawsuit is filed there is the matter of getting a hold of witnesses. These are people who are going to testify, hopefully on your behalf. The defense, of course will get their own witnesses to refute whatever claims are made.
Eventually, a court date is set for trial. The main duty of the prosecution is to prove that a case of malpractice exists. The duty of the defense, in the case of medical malpractice, is to show that a "standard of care" was given and that whatever happened was something that was out of their control.
Needless to say, this is a very long and expensive process. Some malpractice suits can take years to settle. Think about the current Vioxx problem. This is a suit that can go on for a very long time. That's why in the cases of many malpractice lawsuits the two parties try to agree on a settlement to keep the case from going to trial. Sometimes they are able to come to an agreement but many times they are not.
Ultimately, the jury must decide if a case of malpractice exists and if so, what kind of damages the patient is entitled to. Sometimes this is actually the hardest part of the decision making process. Whatever money the plaintiff gets usually goes to cover medical, or unfortunately, sometimes funeral costs.
Malpractice is an ugly part of life, but it's a part of life just the same.
-------------------------------------------------------Michael RussellYour Independent guide to Malpractice-------------------------------------------------------
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Malpractice - Medical Malpractice Statistics

In this article we're going to go over some very alarming statistics regarding the ever increasing problem of medical malpractice.
There is a very good reason that they call lawyers ambulance chasers. The majority of them specialize in what is known as medical malpractice suits. The rate at which these suits are increasing each year is staggering. To get a good understanding of just how serious this problem actually is, we need to look at some numbers.
Of all the malpractice trials in the United States last year, nearly 50% of them were against surgeons and other doctors representing only 75 of the largest counties in the United States. This is according to the Bureau of Justice Statistics, which is a very good source. This shows that the main problem of these suits is in the most densely populated areas of the country which is where the most income is generated. This can't be a coincidence that the more money there is to be made from these suits the more lawsuits there will be.
Another 33% of the malpractice trials in the United States last year was against non surgical physicians in the 75 largest counties in the country. Adding these two numbers together you get 83% of all medical malpractice suits in the United States last year was against only 75 counties. There are literally thousands of counties in the United States.
Of all the cases that went to trial only 27% of them were won by the plaintiffs in these 75 counties. This is a large indication that most of these malpractice suits are not legit, otherwise there would be more of these cases won.
Close to 19,000 medical malpractice payment reports were made in the US last year according to the Annual Report, National Practitioner Data Bank, US DHHS. This is an absolutely staggering number.
It is estimated that about 25% of all the doctors in the United States get sued on an annual basis. This means that if you are a doctor, especially if you are a surgeon, you have a one in four chance of being hit with a lawsuit each year you are in practice. Makes you wonder why anyone would want to be a doctor in this country.
It is also estimated that between 50 and 65% of all doctors in the United States are sued at least once in their career. That gives you less than a 50% chance of getting through your career without an incident.
What is even more staggering is that of all the malpractice payment reports made world wide, over 80% of those payments were made by United States doctors with the whole rest of the world accounting for just 20% of all payments made for malpractice.
Even interns are not immune from this problem as over 1500 malpractice suits were filed against interns last year alone.
There is no question that these statistics point to an alarming and growing problem in the United States. Unless measures are taken to prevent fraudulent lawsuits, which many of these are, the problem is only going to get worse.
-------------------------------------------------------Michael RussellYour Independent guide to Malpractice-------------------------------------------------------
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Top Ten Things To Look For In A Medical Malpractice and Personal Injury Attorney

Being injured is no fun. Not knowing where to turn, who to trust, and what to do about your medical bills is frustrating.
Most people will never need a malpractice lawyer. That's good. Most people will never need a personal injury lawyer, and that's good too. But there are folks who do get injured because of someone else's fault, and they're the ones who DO need an attorney.
Maybe you know of a friend of a cousin who was related to someone who knew an attorney. You could call him to ask him questions about your accident. Maybe you could look in the Yellow Pages and call someone who has a big ad. Maybe you could walk into a storefront lawyer's office, right off the street. Maybe you could call the 800 number on a billboard you saw. You could do all of these things and maybe you'd be ok. Then again, maybe not.
The purpose of this article is to provide you, the consumer, with information about what you need to know BEFORE you ever step into a lawyer's office. I know some lawyers who want to wait till the client gets into their office to explain to them their options. This way they can show off how brilliant they are- and maybe they are. But why not give the client information about how to choose an attorney, and let the client make their choice about who to use.
But, how do you choose among the many lawyers who advertise for your attention? The answer is not an easy one. Remember, not every lawyer advertises. Of those that do, not all of them are trial lawyers. You must ask.
So, here are the top ten most important things you need to look for in a medical malpractice or personal injury lawyer:
1. Experience
How many years has the lawyer been in practice? The greater experience, the greater likelihood this lawyer has seen cases like yours, and knows how to handle your case.
2. What type of firm does the lawyer have?
Is he part of a big law firm, or is he a solo practitioner? Just because the lawyer works in a big firm doesn't necessarily mean it's better for you. Likewise, just because an attorney is a solo practitioner doesn't mean he's not capable of successfully handling your case.
There are many advantages to using a solo practitioner- you get individual, personalized attention; an attorney who knows everything about your case; an attorney who returns your calls promptly; and someone who doesn't take on more cases than he can manage.
With a large firm you might have multiple attorneys handling different aspects of your case; different attorneys appearing in Court for conferences; your phone calls may not be returned as quickly as you'd like- but at the same time a large firm might have more resources than a solo practitioner such as paralegals and associates.
Ask your prospective lawyer whether he delegates his work to his junior people, or does he do it all himself? Does he return your calls, or does the junior lawyer call you instead? Does the paralegal do all the paperwork, or does a lawyer do it?
3. Where is the lawyer's office?
This is important only for people who are solely concerned about convenience. Some lawyers have multiple offices. If you're concerned about going to someone whose office is in the City, and you live in the Suburbs, keep in mind that most likely, you will not need to physically go to his office more than a few times. He should be readily available by phone or email.
If travelling to an attorney's office is still a concern, ask whether the lawyer can travel to your home. Most attorneys will accomodate a client, if they are physically unable to travel. However, if the client is simply reluctant to travel, then there is a very important reason to have the prospective client come to the lawyer's office: (1) To see how the lawyer operates, and (2) So the lawyer can see how the client adjusts to being in an unfamiliar setting. This last part is vitally important to an attorney who evaluates you as a potential witness at trial.
4. Do you email clients?
Do you send regular updates by letter or email? If I have a quick question, can I email you instead of calling you on the phone?
5. "When my case comes up for a deposition (a question and answer session with your lawyer and the lawyers for the people you have sued) will you be there with me, or will I have one of your junior associates?"
This is very important. You're hiring a lawyer. Some people hire a law firm and don't care who works on their case. An injured victim SHOULD care, because they want to be treated with resepect and attention they deserve. In some firms, the lawyer you meet with will not be the one who appears at your deposition with you. In fact, depending on how busy the law firm is, it's possible that the lawyer you meet with may not even try your case!
That's why you've got to ask: "Will you be there at my deposition?"
6. "When my case comes up for trial, will you be there with me, or will I have one of your junior associates?"
Again, this is a very important question. The lawyer you get to know at your first office visit may not be the lawyer who tries your case. You may only get to meet your trial lawyer a few months before your trial starts. I know many people who don't like that approach to lawyering, and others simply don't care. As an injured victim looking for a lawyer to represent their interests, I can only suggest that you should care.
However, keep in mind that there are law firms in New York, and elsewhere, that have dedicated trial lawyers. Their job is ONLY to try cases. Their other partners or associates handle the other parts of your case. In some other firms, you get one attorney and he (or she) handles your case from start to finish. Find out from your prospective attorney which one you can expect.
Why? Because there are some attorneys who will claim, on your very first visit that your case is worth a ton of money- some even say "Millions!" Others are not so cavalier, and take a more cautious approach.
If a lawyer tells you your case is worth Millions, ask him to put that in writing. Why? Because no lawyer can promise or guarantee any outcome to a client. Watch what happens when you ask that lawyer to put his 'guarantee' in writing. He'll quickly backtrack and make some excuse for not putting it in writing. Be careful of an attorney who makes such promises without thoroughly knowing all the facts of your case, and without having reviewed your records.
8. What are your success stories? What's your record?
It's important to know how an attorney has done in the past on other types of cases. What results has he achieved recently?
Obviously every case is different. But you still need to know whether he's ever achieved large settlements or verdicts. If the biggest case he ever handled was small claims court, then maybe this attorney isn't right for your type of case.
9. Does he have a web site? Does he advertise?
Does he have a presence on the internet? Why is this important? You want to know what type of material he has on his website. Is it a basic information card with bland material, or does he provide a reader with important information they need to know to educate them, BEFORE, they ever call him or walk into his office.
10. Does the lawyer offer a prospective client free reports to educate them about their options BEFORE, they ever call?
Ask if they have free reports about your type of case. Not some canned brochure that anyone can stamp their name on, but a real substantial report that discusses your type of case. Can the reports be obtained directly from the lawyers website, or by calling his office for a copy?
Knowing this information will make you a better informed consumer. Hiring a lawyer is an important part of learning about your legal rights. Ask lots of questions and trust your instincts about any lawyer you speak to. Good luck.
Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.
Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at, or 516-487-8207. All inquiries are free and totally confidential.
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How To Establish Medical Malpractice

When a victim decides to take legal actions against a professional for malpractice, the first step will consist establishing that malpractice has been committed. Establishing malpractice occurred is quiet complex. Indeed it has to be clearly determined what and in which extent the professional fail in his duties. Before a court, it has also to be shown that a similar professional in the community would not have done the same act or omission. Eventually a victim has to show if he or she suffered from an injury, loss or damage as a result of the medical act.
There is no denying that it is almost impossible for victims to clearly establish whether or not there was malpractice according to the criteria cited before. Indeed most people do not have the necessary education, experience or skills to act as a professional. Thus most of us will not be able to determine what a professional is supposed to do or refrain from doing in a particular situation.
Besides, some professional who performed the medical act may not to acknowledge his or her mistakes. Some may not even know that they made a mistake. That’s why, most attorneys will advise victims to hire an expert or consultant to prove and establish whether or not there was malpractice.
An expert or consultant will have the necessary education, skills and experience to determine what the standard level of care in the community for that professional is for handling a similar matter. He or she will be able to assess the performance of the professional according to the standards expected for similar cases. A professional can be held accountable for malpractice if he fails to comply with the standards expected in his profession. Experts can also assess and determine the nature the damages and harm caused to victims following the medical act. In order to establish that malpractice occurred, victims always should hire experts. Most malpractice lawsuits' success highly depends on the assessment made by the experts. Eventually experts should always be hired by your attorney in order to maintain confidentiality and retain your rights.
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Medical Malpractice: What To Do?

If you believe that you are victim of medical malpractice, it is essential to know that you have many possibilities to remedy to it. In 99% of the case, most people will advise victims to sue the professional. But you have to understand that bringing the case to a court is really the last option and when you have no other choices left to find a solution to your case.
The first option that you should try consists in contacting the professional who performed the medical act subject to malpractice. Often, the professional may not no be informed that there is a problem following the medical act. Therefore it is necessary to inform him about your case. The majority of professionals will acknowledge their mistakes if any. Doctors or any medical professional are still humans and can make mistakes. If there is mistake and it can be corrected, most professionals who have been informed of the issue will be willing to provide a remedy without the need for any further action like a trial. It is wrong to believe that all medical professionals will try to deny their mistakes. If they have been given an opportunity to fix things, most professionals will be willing to correct the problem before any others are harmed. Therefore, the first step in any malpractice case is to inform the professional who was in charge of the medical act. Malpractice cases are often settled and solved after contacting the medical professional.
The second step consists in contacting the state regulatory boards and licensing authorities which regulate the practice of professionals in the field of medicine. Any professional has to comply with the regulations established by the state in order to first be licensed and to be allowed to continue rendering services within the state. These state agencies or organizations can take actions a professional who did not comply with the rules. These actions include penalties, the payment of fines, the suspension or even revocation of authority to render services in the state.
At last, if you are victim of medical malpractice you can decide to bring your case to a court. Most victims decide to sue if their case has not been solved after contacting the professional or regulatory bodies. But you can also decide to sue in order to receive damages, especially if the mistake cannot be fixed, or to stop the professional before he or her harms other people. Dialogue must be first encouraged in malpractice case. Then, if no other options are left, bringing the case to a court is often the best way to recover from the harm caused by the professional.
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How To Get Help With Medical Malpractice

Medical malpractice is a category of personal injury law. A personal injury occurs when the actions or negligence of another causes injury to your person, property, reputation or rights. You wouldn’t have sustained the injury if it hadn’t been for the action or negligence of the other party. An injury is defined as a wrong or damages. This situation obviously applies to medical malpractice.
When medical personnel commit a wrong that results in injury to the patient and that patient sustains an injury, the patient may have the right to seek damages. Whether it is a wrong diagnosis that has resulted in injury, a wrong medication prescribed or given accidentally, a wrong action that results in injury, whatever, the patient may have the right to sue for damages. It doesn’t matter if the act that caused the injury is malicious or accidental. The action happened and the patient sustained injury as a result of the action.
The amount of damages is related to the amount of injury. If you think you are in this situation, then you should see an attorney as soon as possible. The sooner you seek legal advice the better.
Finding an attorney is not always easy. You can ask friends, relative and colleagues if they know of any attorneys. You can call the local bar and ask for a referral. You can also look in the phonebook or online for a law firm. When you see the attorney bring whatever material they request you to bring. Tell them all of the relevant facts and details. The law firm will evaluate the situation and tell you if they think you have a cause of action. The attorney will tell you if he wants to handle the case. He may refer you to another attorney at his law firm or at another law firm, depending on the circumstances. Some attorney’s specialize in medical malpractice cases and others specialize in certain kinds of medical malpractice cases. If your case is serious enough, you may want to retain the services of this kind of specialist.
Make sure the attorney you retain is someone you can work with. If there is a personality conflict then you probably won’t be able to work with the individual and you don’t want to retain him. Discuss his qualifications and fee and what the protocol is in medical malpractice cases. Don’t be afraid to ask questions. If you can’t ask questions and receive answers, then you are in the wrong place.
Joseph is the proud owner of Malpractice Guide, a website that will explain everything you need to know about Malpractice Law. We invite you to visit our site today and see what we have to offer.
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Are You A Victim of Medical Malpractice-Informed Consent

You should know what is “informed consent”. Informed consent is to be obtained from well informed patients about their own health care in making decisions on their own free will before the patient is subjected to serious treatment or operation. This is a legal obligation and it is the ethical right of the patient.
The patient should be aware of his rights and participate in the discussions and decisions. And he should be given the freedom to decide on:1. the alternatives to the proposed operation or treatment.2. the process and its nature3. the risks involved4. the extend of the uncertainties involved
And if needed repeat the explaining part in a simple layman’s language and make sure he understood and accepted the proposed course of treatment/operation.
The informed consent should be legally valid and the patient should be in a competent state of mind and his consent must be voluntary. In certain cases the patients feel helpless and vulnerable to any coercive tactics. And he or she should be made comfortable and relaxed before the consent form is signed.
The informed consent process should be a clear acceptance of the proposed treatment or surgery and on his/her own free will. To improve the confidence of the patient, he should be allowed to seek a second opinion. This action will make sure the informed consent is a very well informed comprehensive consent.
In some delicate cases, the Doctor may be constrained to withhold certain portion of the information. This is physician’s discretion in the best interest of the patient. This is also tailored information supplied to obtain the patient’s informed consent.
Let, Us, Help,Lawyer, Advice - "Medical Malpractice Lawsuits".
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Medical Malpractice- 10 Reasons Why You Shouldn't Sue Your Doctor

1. You like your doctor
So, what's wrong with that? Nothing. Most of us like our doctors. That's why we trust them and keep going back to them for treatment. But should the fact that you like your doctor prevent you from seeking compensation when he or she committed wrongdoing that caused you physical and emotional injury?
The law in New York permits anyone who has been injured by another to bring a lawsuit for compensation. This law originated from common law and goes back hundreds of years. In fact in some religions there is evidence that this type of law goes back thousands of years. It makes good common sense. If another person causes you harm, you are entitled to obtain money to pay for your medical expenses, your lost earnings, your future lost earnings, the damage to your property, and of course, compensation for the pain and suffering you endured.
So, should the fact that you like your doctor prevent you from bringing a lawsuit? It might make you feel uncomfortable, but I guarantee that when you start to think about your disabling injuries and how your doctor caused them, the anger and hostility you feel will usually outweigh your fondness for your doctor.
2. What good will the money do for you?
This is a common rhetorical question that defense attorneys often ask plaintiff's lawyers. "The money won't bring your loved one back," "The money won't make you whole again," "The money you're asking for isn't going to change anything..."
However, money is the only thing that our justice system allows us to recover when an injured victim sues their wrongdoer. While those comments above may all be true, we are prohibited from taking justice into our own hands. Therefore, what else can we obtain for the injured victim? Money is the only thing that allows us to pay the medical bills that were generated as a result of the wrongdoing. Money is going to make the victim more financially secure. Money will help the injured victim with ongoing medical care and rehabilitation. The injured victim will not be a burden on a City or governmental handout. Money will help his children go to school or camp. Money may help with modifications needed in his home- such as a wheelchair ramp or modified kitchen appliances.
Money can never make us whole, or replace the agony and suffering that was caused by a doctor or a hospital. But the money is supposed to make those wrongdoers think twice about doing that same action again, and hopefully prevent the next person from being a malpractice victim.
3. Your doctor's reputation will be tarnished
Contrary to popular opinion, (or at least from the doctor's insurance company) this is not an accurate statement. Most people living in a civilized society recognize the right to sue. The fact that a doctor has been or is sued is not that significant. If you ask a doctor if they've been sued, they will often be quick to explain how the case had no merit. Importantly, the physician will still continue to practice medicine and there will usually be no disciplinary action taken as a result of a civil medical malpractice lawsuit. The belief that a doctor's reputation will suffer a blemish if sued, is simply not correct.
4. Your doctor will be banished from his community
Once again, this statement is not true. The doctor will continue to practice medicine (even if they lose the malpractice suit against them, and are required to pay the injured victim money). The doctor will not lose their license, and in all probability, the award will not be reported in the local papers, and most of his patients won't even know of the lawsuit or the award.
5. Your doctor will shut his medical practice
No he won't. He might be outraged that he has to defend a lawsuit and take time away from his practice for a few days, but there is no reason for him to shut his medical practice.
In very extreme cases where the physician is a threat to the health and well-being of his patients, the New York State Department of Health can and will shut down the doctor's practice and revoke his license to practice.
But, in the majority of cases, this does not happen, and the doctor continues on with his practice and his life.
6. Your doctor may lose his license
Not true. A civil lawsuit in New York has no effect on whether a doctor does or does not lose his license to practice medicine. In order for a New York doctor to lose his license, the New York State Department of Health investigates a complaint of wrongdoing. After extensive investigation and after a hearing where the physician gets to explain what happened and why, the Department of Health reaches their own conclusions about whether treatment was rendered in accordance with good medical care or whether there were deficiencies.
The options to punish or cure the deficiencies are many, and only as the most extreme- and last resort option would the Health Department revoke a physician's license. But simply by bringing a lawsuit against a physician for monetary compensation does not affect his license to practice medicine.
7. Your doctor may alter your records
Believe it or not, this has been known to occur in rare instances. When it does, the attorney representing you may be able to prove it. If your lawyer is able to prove that your doctor altered your records, the doctor could suffer significant penalties and could lose his license to practice medicine. The fact that he may or may not alter your records should not prevent you from investigating and/or pursuing an action on your behalf. There are usually other ways to determine what treatment was rendered, and often such action by a doctor can help your case by showing the extent to which the doctor tried to cover up the wrongdoing.
8. Your doctor may apologize and tell you it was all a mistake
There are recent medical and insurance studies that have confirmed that when doctors and hospital staff are straightforward and honest about what happened, patients and their families tend to understand that 'not everyone is perfect'. In fact, some hospitals encourage the doctors to fess-up and tell the patients they screwed up, and apologize, and arrange to have the hospital immediately reconcile financially with the patient and his family. The studies indicate this works.
Does that mean that you shouldn't sue because the doctor apologized? Not necessarily. An apology may not solve your problems. You need to decide whether such an apology is sufficient. Most people will tell you it's not.
9. Your friends and family may think you're a gold-digger
If you live your life concerned about what your friends and family think, then maybe you shouldn't sue-under any circumstance. Your friends have not experienced what you have gone through. Nor do they live with the constant pain and disability that you have. They may not truly understand what you will live with for the rest of your life.
Some folks simply don't want their friends and family to know they're involved in a lawsuit. The reasons are endless. "I don't want anyone knowing my business." "I don't want my neighbors knowing how much of an award I received." "I don't want my family members asking me for money- this is for my future- I can't work anymore, and I can't afford to give it away." "I don't want my relatives to argue with me about why I sued my doctor."
You must decide for yourself whether these concerns outweigh your legal right to bring suit and recover money for your injuries.
10. Your injuries aren't that disabling
There are cases where the injuries are significant, but have cleared up after many months or years. The fact that you may no longer be permanently disabled is a factor to determine how much your case is worth. If you are no longer disabled- we congratulate you and your success in overcoming your injuries. If you can do those activities that you used to do, we are extremely pleased with your recovery. You should know however, that such success means that the value of your case may be limited to the time you were injured and disabled. Most people would agree with this result. You only can receive compensation for the time you were injured and disabled.
Many injured folks may make a recovery, but still be unable to do all of those daily life activities they used to do. Where there is an ongoing problem or disability, the value of your case is generally greater than where you have totally healed.
Attorney Oginski has been in practice for 18 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Clients are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.
Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at, or 516-487-8207. All inquiries are free and totally confidential.
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Do You Have a Medical Malpractice Case? Here’s an Important Tip

If you are serious about taking a medical malpractice case before a jury, be sure that you have written documentation for evidence. The more evidence that you document, the more credible your claim appears to the jury.
This is a simple step and all that is required is writing down what happens as the patient is receiving medical attention. This type of “journal” has many benefits. The first one, as stated above, makes the patient’s version of events and the overall case appear more credible to the jury or judge. It also helps prevent possible errors, even if the medical malpractice claim is not being contemplated.
One example of documentation could be if a nurse or physician forgets to treat a patient with a certain dose of medication. The patient’s family might then remind the medical staff, so that the patient does not suffer as a result of the poor medication management. Afterwards the family should then document the times and dosages of medicine administered to the patient. This helps prevent another medication mishap, and to avoid an overdose if it had not been documented by a nurse.
When documenting the events, be sure to portray your actions as helpful and understanding. If you act as if you are threatening and second guessing, it may hurt your overall case because the defense lawyer will argue that you were building a case against them from the beginning.
In addition, documenting the events not only means to keep a written journal of what’s happening, but one should also be actively inquiring the nurse or physician about important events so that they can be charted accordingly. This is important as many times a nurse will forget to write vital information or events in their chart, because of a busy schedule or patient overload. Active documentation on your part will help remind them of these events. In fact, often times the nurse will make more effort to chart the events more timely and accurately, since they know that someone is making their own records simultaneously.
In all actuality, most health care professionals don’t mind it when someone is keeping a journal to be helpful. Just be sure to stay calm and not act as if you are constantly interrogating the health care providers as this will insult them. The best way to document is in a quiet manner, gently asking important questions. Most physicians appreciate someone who has the patient’s best interest in mind.
If you think you have a medical malpractice case or need a medical malpractice lawyer , please visit our site. If you live in or around Dallas you may also visit our site on Dallas Medical Malpractice Lawyers
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Medical Malpractice Definition

Many people may not know that this is a very widespread problem. Each and ever year people die from being misdiagnosed and treated for the wrong disease. The difference can be life and death! Many of these cases are never even recognized or reported. If you are a victim of a case like this, you may not be aware of your rights. This is the main reason why it is important to have a clear definition of medical malpractice. You should not trust any doctor so you don't want to have to take the word of them. This is the main reason so many cases go unreported.
Every physician must have insurance against these types of claims. This is a way of simply protecting themselves. As the number of lawsuits filed rises, the cost to keep this kind of insurance also rises, causing doctors financial hardships. In addition, the number of providers who sell this kind of insurance has been decreasing over the last years. Therefore it is becoming harder for doctors to practice. Many doctors have to move to a new location where their premiums are lower.
But what can we file a lawsuit against? If a physician does not treat a problem correctly, this can cause new problems to arise, and this would qualify. If, through the negligence of the physician, a diagnosis is given too late for the treatment to do any good, this too is something you can file against. If the doctor applies the wrong treatment for the wrong disease, this will also be considered.
There are lots of different things that can go wrong when the patient is under anesthesia or undergoing surgery that are easily preventable by the doctor. The doctor may prescribe the wrong medication for the patient, or the incorrect dosage, and thus complications can arise. If this is the doctor's fault, you may be able to file a lawsuit.
Such lawsuits are normally expensive and complicated. Before filing a suit, you must keep in mind that you will be required to present a number of documents. Your health and history will become a significant part of the lawsuit. So make sure to document everything that happens involving your health. Even factors that seem not so important may be vital to establishing who is liable. If you file a suit you must be prepared to be under this kind of scrutiny by the court. Also keep track of all the medications you have taken, and it is also good to be able to document individual conversations you have had with your doctor.
Donald Harris is a publisher of Malpractice Lawyer Information. You can go to The Malpractice Attorney site for more.
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Medical Malpractice - Are You a Victim

Medical malpractice is the third leading cause of death in America. 98,000 deaths occur each year by preventable medical mistakes. There are many types of medical professionals that are negligent and may be responsible for a loved ones injury, disability, or death. These include but are not limited to physicians, physician assistants, nurses, pharmacists, hospitals, or skilled nursing facilities. When medical professionals make mistakes the law requires that they are held accountable for it.
Medical Malpractice is defined as “professional negligence where the healthcare provider deviates or departs from the accepted standard of care, causing an injury. 90% of medical malpractice cases don’t get filed, and you should be aware of the many ways you can be victimized by medical malpractice. The following is a list of common examples of medical related malpractice:
• Misdiagnosis of an illness, failure to diagnose or delay of a diagnosis• Birth Injuries• Oxygen deprivation is one major cause and so it mechanical trauma. This may occur when the baby assumes an unusual position at the time of birth or when the baby is too large to pass through the birth canal easily.• Surgical Complications• Mishandling of medications• Prescription Errors• Failure of hospital staff or a pharmacist to dispense the right medicine to the right patient in the correct amount• Inappropriate or substandard treatment• Failure to provide treatment• Failure to follow-up on a patient• Failure to informed consent• Anesthesia-related complications• Failure to safely administer anesthesia• Failure to prevent patient injuries ( such as falls ) on medical facility property• Failure to follow Advance Directive
An advance directive tells your doctor what kind of care you would like to have if you become unable to make medical decisions.
If you or a loved one has suffered as a result of medical malpractice, you should consider seeking legal advice immediately. You may be entitled to monetary compensation that will cover your future medical costs and pain & suffering. There are many qualified medical malpractice attorneys near you that can help you get the compensation you deserve.
If you are seeking a Medical Malpractice lawyer and live in or around Pennsylvania, please visit this site about Pennsylvania medical malpractice lawyers
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Medical Malpractice: How To Determine The Money Damages

Calculating pain and suffering seems to be impossible and money damages may not cover all the consequences of an injury cause by medical malpractice acts. However attorney and courts are required to determine a price to the injury. Victims also desire to know the possible financial outcomes considering the expenses and time of bringing such case to a court. How to determine the worth of a medical malpractice? In fact, many factors will influence the worth of a medical malpractice case.
First, it will depend on the jurisdiction where the lawsuit is brought since the rules about professional misconduct and doctor liability may greatly vary from state to state. Second, the worth is limited by so-called potential state caps. Most states have implemented caps on malpractice damages since they are very often held accountable in medical malpractice cases. In this aspect, most states deduct amount available to an injured person through collateral sources such as health insurance from the settlement, limit the payment of damages to installment plans instead of lump-sum payments, and set up cap damages altogether.
The worth of a medical malpractice will also depend upon the severity of the injury. For instance, if you suffer a cleanly broken bone which required a cast is considered a less severe injury than the same bone that was shattered in several places and which required surgery and extensive rehabilitation. Obviously the more severe the injury, the greater the worth of your medical malpractice case will be.
Eventually, your pre-existing status before the injury will highly influence the value of your settlement. For instance, if you have been injured on your knee but you previously had another knee injury it will be difficult to get a high settlement. Therefore, you should inform your medical malpractice lawyer about your pre-existing conditions. The opposing side will likely request a detailed medical history including medical records.
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Medical Malpractice: 10 Reasons Why You Should Call A Lawyer

There's a commercial for a mens clothing store in New York that says "An informed consumer is our best customer." This is true for people who have potential medical malpractice and injury cases. From the moment the phone rings until we've finished their case, the most important aspect of my job is to inform you, the client, whether you have the basis to bring a lawsuit, what your chances for obtaining money are, and to give you the best legal advice possible.
Without good legal advice, your ability to make informed choices are limited. That's why you need as much information as possible, and as soon as possible. You don't want to be told that the time to bring your lawsuit has lapsed, which leads me to the next topic:
You must know how much time you have to bring a claim and/or a lawsuit. There are many different time limits in New York, depending on the type of case you have. In a car accident case you generally have three years from the date of the accident in which to start a lawsuit. However, you only have 30 days to file a claim with your insurance company if you want them to pay for your medical bills.
There are many different exceptions to the time limits in New York. For example, if you were treated in a City Hospital such as Coney Island Hospital or Jacobi Hospital and you feel a doctor or nurse treated you improperly that resulted in injury, you'd have only 90 days to file a claim against them. Then you'd have only one year and 90 days from the date of the malpractice within which to start a lawsuit. BUT WAIT! You can't start your lawsuit until after you've filed a claim against the agency that 'owns' the hospital. gets complicated. That's why it's so important to learn about the time limits you have. YOU MUST BECOME FULL INFORMED.
If you wait too long to seek legal advice, you might not be able to start a lawsuit because your time has lapsed. Find out now, then make your decision about whether you want to proceed with a lawsuit.
Not every attorney will fit every client. It's like a first date. Some people you'll feel comfortable with, and others you won't. You won't know until you actually meet with the lawyer. Look at the surroundings. Look at how organized the lawyer is. Is the lawyer a professional. Does he or she appear confident in their abilities? Is the lawyer explaining and answering your questions, or is he or she trying to sell you on how wonderful he is? Use your common sense when deciding whether this lawyer is for you.
If you're unsure, tell the lawyer honestly that you're not sure whether you're going to choose him, and need to speak to other attorneys before you make a decision. Being open and honest with your lawyer is extremely important. Most lawyers will understand your reluctance to immediately sign up. Some will pressure you to sign a retainer before you leave the office. Remember, this is YOUR CASE. You must feel right with whichever lawyer you choose.
Does the lawyer have support staff to handle any questions or issues if your lawyer is busy? Does he have partners? Is he a solo practitioner, or is this a large law firm? Is the lawyer you meet with the one who will be with you every step of the way? Or will your case be assigned to different lawyers as it makes its' way through the legal system?
If you have questions about the status of your case will the lawyer you meet with call you back, or will you get a call from some paralegal you've never met before? When you call the office will you have to give them a file number for them to know who you are and what's going on with your case, or will the attorney have these facts at his fingertips?
Answers to these questions will help you decide if this lawyer and this law firm are the right match for you.
Before going to meet the lawyer, can you get information about lawsuits and his experience from any written materials like a brochure or his law firm website? Look to see what information they provide. Is the lawyer hesitant to talk to you on the phone? Are there any pamphlets or booklets the lawyer has written that he sends to prospective clients to give them information about their type of case?
Remember, becoming informed is the key to understanding your legal rights.
Most lawyers who handle medical malpractice and injury cases in New York do not charge any fee to meet with them or to investigate your case. If an attorney accepts your case, they will have you sign a retainer agreement which sets out in detail the terms of the fee arrangement. In injury cases, typically the attorney will receive 1/3 of the net fee (after expenses and disbursements have been re-paid). In a medical malpractice case, the lawyer will get a fee that is much less, and works on a sliding scale- as the client's share goes up, the lawyer's fee drops.
In most medical malpractice cases, a lawyer's experience is the key to getting not just fair compensation but just compensation. You must ask not only how long the attorney has been in practice, but how long they've handled cases like yours, and whether they have handled cases similar to yours. Obviously past experience does not guarantee a future result. However, with past similar cases the attorney has the ability to properly advise you about what needs to be done to try and achieve the best result possible.
(See #7 above)What if your attorney has never handled a case like yours? Well- you can still stick with this attorney. I'm sure he can learn everything he needs to handle your type of case. But remember this- This is the only time you'll be able to bring a lawsuit for your injuries. Don't you think you might be better off with an attorney who has handled these types of cases for years and years? The choice, as always is yours. Make your decision after carefully thinking about the risks and benefits of chosing one lawyer over another.
If the lawyer you meet with is confident of his or her abilities, they should have no problem recommending another attorney for you to get another opinion. However, if they are hesitant, or refuse to give you another name of an attorney to consult with, I would personally questions why not? Obviously, they don't want to lose you as a prospective client. However, I have found that lawyers are totally upfront with clients and give them the information they ask for, more likely than not, the client will return to their office and ask them to be their lawyer.
Just because you meet with an attorney, without paying any fee, does not obligate you to sign up with or stay with that attorney. We hear so often in attorney advertising "There's no obligation!" What this means is that you have a choice. If you like the attorney and are confident of their abilities, great! If you don't, say "thank you for your time," and move on to the next attorney. You are under no obligation to stay.
Attorney Oginski has been in practice for over 18 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.
Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at, or 516-487-8207. All inquiries are free and totally confidential.
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