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N E W YO R K INJURY TIMES
Top 5 Reasons Not to
Bring a Medical
Malpractice Lawsuit in
Gerry Oginski
NY Medical Malpractice
& Accident Lawyer
New York
Top 5 Reasons Not to This relates to element #3 discussed in 5. You like your doctor.
Bring a Medical the paragraph above. You might have
suffered a minor injury from a doctor's Sure, who doesn't? Yet on a particular
Malpractice Lawsuit in or hospital's wrongdoing, but if the day, at a particular time, your physician
New York injury is not significant or disabling, may have departed from good and
most experienced NY medical accepted medical care causing you
malpractice lawyers will likely decline permanent harm. Should your feelings
1. Nothing was done wrong to you. to handle your matter. toward the doctor affect your ability to
decide whether you are legally entitled
It goes without saying that if the doctor 4. You think that if you sue your local to be compensated for your permanent
or hospital did nothing wrong, then you hospital, you will not be allowed to injuries? You must decide whether you
absolutely have no business bringing a return there for any additional are able to do this.
lawsuit against them. treatment you may need.
Thank you for taking the time to
2. You did not get hurt. In all likelihood, this is not true. A become informed.
hospital cannot discriminate against
Likewise, if a doctor did not treat you you, even though you have sued the
properly, but you did not suffer any hospital for medical malpractice. They
injury as a result of that wrongdoing,
then you have no business bringing a
are obligated to treat every patient who
walks into the emergency room. An T RY O U R
lawsuit seeking compensation. issue might arise if you are going for
Remember, in any medical malpractice
lawsuit in New York, your attorney
elective treatment or surgery and the
hospital is a private hospital that you
TRIVIA
must prove (1) wrongdoing, (2) that the
wrongdoing caused harm, and (3) that
have sued. In all probability, you will be
able to continue receiving treatment at GAME!
the harm is significant and permanent. that hospital. In fact, defense attorneys
All three of those elements must be like to make the argument "Can you
confirmed by a doctor who has either believe this? Mr. Jones has sued our Test your knowledge of New York
treated you, or evaluated your medical hospital, telling the world that our medical malpractice and personal
records. If any one of those elements is hospital did wrong by him. Yet he still injury law. Answers appear at the
missing, then it will be difficult, if not returns to our terrible hospital for end of this newsletter.
impossible to bring a successful case on ongoing treatment of his current
your behalf. medical condition. What does that tell 1. If your car accident happened in
you about his trust in our cherished New York City and you live in Queens
3. You do not have a long-term medical facility? He has no trust in our you can bring your lawsuit in Queens.
permanent injury or permanent doctors and nurses, yet he continues to
disability. rely on them for his care and treatment."
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4. A doctor who is sued more than ten 9. If you lose your lawsuit, you do not
times in a ten year period will lose their need special permission to have your
license to practice in New York. appeal heard by the Appellate Division.
5. A deposition is your chance to tell the 10. If you lose your appeal, you can
opposing attorney everything that have that decision automatically
happened to you. appealed to the highest court in NY, the
Court of Appeals.
TRUE OR FALSE?
TRUE OR FALSE?
6. In a civil lawsuit in New York, there
will be 12 jurors deciding whether you BONUS QUESTIONS:
are entitled to compensation.
1 . “ Pe c u n i a r y l o s s ” m e a n s
TRUE OR FALSE? economic loss to the family.
TRUE OR FALSE?
_______________________
Ger ry’s Recent Video
Headlines: NEW YORK ACCIDENT LAWYER-It's All
About The Money
NY MEDICAL Gerry explains why injured victims who are awarded money by
a jury are disappointed to learn that they don't get all of their
MALPRACTICE- money in one lump sum.
Orthopedic Injury-
Failure to Set Bone NEW YORK MEDICAL MALPRACTICE-
Properly How Lawsuits Work
Gerry explains how a trip to the emergency room with a broken Gerry explains how lawsuits in New York work and he takes
arm resulted in the need for additional surgery to re-break the you through all the steps that go on from starting a lawsuit
bone and insert plates, screws and pins to hold the bone through discovery, depositions and to trial.
together.
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S e p t e m b e r 2 0 0 8!
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HELP NEEDED:
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Gerry Oginski, Your New York Medical Malpractice, Wrongful Death & Personal Injury Accident Lawyer
Call me right now with any legal questions about injuries from any accident or medical care.
I promise to give you a straightforward and honest answer. That’s my guarantee.
www.oginski-law.com
come visit! i guarantee there’s something there for you.