New Online Newsletter Now Available! NY Injury Times-June 2012- Belmont Stakes Edition

7/31/2019 New Online Newsletter Now Available! NY Injury Times-June 2012- Belmont Stakes Edition

1/8

New York Medical Malpractice Attorney Gerry Oginski presents

NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com

JUNE 2012

T H E L A W O F F I C E O F :

G E R AL D O G I N S K I , L L C

2 5 G r e a t N e c k R d . , S u i t e 4

G r e a t N e c k , N Y 1 1 0 2 1

T E L E P H O N E 5 1 6 - 4 8 7 - 8 2 0 7 F A X 5 1 6 - 4 8 7 - 8 4 7 2

A recent study shows theeffects different insurancehas on treatmentdisparities among childrenin emergency departments(ED).

Children with privateinsurance are 22% morelikely to receive testingand procedures than arechildren with public(Medicaid or CHIP) or noinsurance, despite the factthat everyone has equalaccess to ED treatment.Just over half of childrenare on private insurance.

Ch i ld r en w i thou tinsurance are less likely toreceive any medicationthan are other children,regardless of insurance

type. These differenceswere not seen amongchildren with signicantillnesses.

The study, published inthe Journal of Pediatrics

by researchers fromChildren's HospitalBoston, combed throughdata from 1999 to 2008 inthe National HospitalAmbulatory Medical CareSurvey, which collectsdata on about 33,000yearly ED visits.

The study did not explain

whether uninsured andpublicly-insured childrenare getting less-than-optimal care or whetherprivately-insured kids arebeing overtreated.
http://www.oginski-law.com/http://www.oginski-law.com/


2/8


$3 million was awarded to aGeorgia man's family for thenegligence of a cardiologist priorto t he man ' s ex t r amar i t a lthreesome, which ended in hisdeath. William Martinez, 31, of GwinnettCounty, died on March 12, 2009.Just a week earlier, he visited theC a r d i o Va s c u l a r G r o u p i nLawrenceville, GA, with chestpains shooting up his arm. He wasalready suffering from high bloodpressure and his heart was at riskof clogged arteries. He met withcardiologist Dr. Sreeni Gangasani,who scheduled an appointmenteight days later for testing.

But his fatal threesome took placethe day before the test.

Martinez's estate sued the doctorfor negligently failing to warn himnot to engage in physical activity,including sexual activity, prior tothe test.

The trial began last Monday, withthe estate seeking $5 million indamages. The jury sided with

Martinez's family, but foundMartinez 40% liable, and awardedthe estate $3 million.

Martinez's threesome was with afriend and a woman other than hiswife. It is not clear to what extenthis family -- his wife and two sons-- will benet from the award.The defense is determined toappeal the verdict.

COMMENTARY

Judging by the news reports, thisdecision would appear to makeabsolutely no sense. The familyclaimed that the cardiologist failedto warn the patient that he shouldnot engage in risky strenuousactivities. Obviously, we do nothave all the details.

However, the next argument toconsider is: Even if the patientwas warned that he should notengage in strenuous activities,there is no way to know whetherhe would have abided by thed o c t o r ' s a d v i c e a n drecommendation.

The fact that he was cheating onhis spouse and engaged in anextram arital affair is not fullyexplained in the news reports. Nordo we know what type ofarguments the attorn eys made tothe jury based upon his cheating.

Let's see if I understand thisscenario. 31-year-old male patientwith cardiac symptoms goes to hiscardiologist. Cardiologist decidesto send him for diagnostic tests.Patient schedules those tests forone week later. During that week,patient decides to get it on withanother couple. During the courseof sex with this other couplepatient has a heart attack anddies.

What is not discussed in the newsreports is whether there was anautopsy report showing theprecise cause of death. In awrongful death case having anautopsy can be benecial since itallows us to know precisely whythe victim died. We can then workbackwards to determine for howlong the patient had that condition.Then we can have a medical

continued on page 3
http://www.oginski-law.com/http://www.oginski-law.com/http://www.oginski-law.com/


3/8


Continued from page 2...

...expert comment on what wouldhave happened if the condition wasdiagnosed and treated earlier.

M o r e i m p o r t a n t l y, a n d n o taddressed in any of the newsreports, is how the family knew thatthe doctor failed to warn the patientnot to engage in strenuous activitylike an extramarital affair.

There are are very few ways theywould have known. I imagine thatafter the philanderer returned backfrom his doctor's visit, he must havehad a conversation with family orfriends describing the visit. If thosepeople were in court and tried to tell

the jury what the dead patient said,in New York, we would not be ableto get that testimony into evidence.Why not? Because that's hearsay.

Hearsay is when a witness at trialtries to tell the jury about somethingthat was told to them by someoneelse. That someone else is usuallyunavai lable and not in thecourtroom.

If you think about it, that makesperfect sense. Why? Because thedefense attorney is unable toquestion the person who actuallymade the statement and is unableto question that person's credibility.

A trial has often been described asa search for the truth. If someonemakes a statement or claim, theother side has an opportunity toquestion the veracity or truth of thatmatter. That happens during cross-examination. If a witness isunavailable, a jury in New Yorkwould not be allowed to considerstatements made by people whoare not in court. Also if the defenselawyers did not have an opportunityto question that witness prior totrial, a judge in NY would likely notpermit the jury to hear thosecomments.

T h a t ' s o n e o f t h e m i s s i n gingredients in these news reportsthat perplexes me. It is totally

unclear from the sensationalisticnews reports about this case howthe family or jury was able to cometo the conclusion thatthe patient was neverwarned that he shouldnot engage in risky andst renuous behaviorsince he was at risk forheart injury or death.

What a bizarre case.


4/8

Injured Victim Contacts 100 Lawyers; Only 2 Replied PAGE4


Dear Mr. Oginski, Although a lot of time has passed since you handled mycase, I wanted to leave this testimonial, which I hope you

will use in your advertising out of my appreciation: "I am a former client of Mr. Oginski. I would recommend him and his entire rm to anyone whois in need of a personal injury lawyer. Several years ago, Iwas facing a situation wherein a certain oral surgeon inQueens had painfully removed most of my teeth and neverreplacing them with implants and caps as promised. Hesimply closed shop and went into hiding. Being fromMassachusetts, with the damage taking place in New York Iwas faced with the dilemma of nding a competent lawyerfour hundred miles away. After many calls I came to nd literally no lawyers willing to take on a lawsuit against an oral surgeon. At this point, Ihad lived two years unable to chew the foods I liked. Theonly time I smiled was when I was alone. Finally out of desperation, I put my story into an email and sent it to exactly 100 lawyers whose ads I had read on theinternet. Of all of these, only ten contacted me. Two of these took the time to explain to me why no lawyers hadcontacted me, which basically was because that in cases

against oral surgeons and dentists, a jury almost alwaystakes the side of the doctor. To them, I was a "losing-proposition." With the exception of Mr. Oginski, of the other 98 lawyersI was more a statistic than a suffering human in need of expertise. Of all of the replies I did receive, only Mr.Oginski seemed to show any compassion for thepain I had suffered and was at the time suffering. Upon deciding to choose Mr. Oginski to represent me,

throughout the entire process, Mr. Oginski was extremelyprofessional and especially understanding to me and mywife's aggravation and irritation at the slowness of the courtsystem and always spoke in terms of a positive futureoutcome. Mr Oginski won a very substantial settlement onmy behalf and ultimately my mouth and teeth wererepaired, with enough left over to pay-of all of our debtsincluding our mortgage.

My story continues... Because of all of the stress our family had suffered, wedecided to go on a well-deserved vacation.

Upon getting home, I suffered a stroke which has left mehalf- paralyzed and am now conned to a wheel chair andcollecting disability, but can now always cherish the last

vacation together as a family.

I can only imagine how bad-off me and my family wouldbe now, had it not been for Mr. Oginski. I sincerely recommend to anyone seeking a compassionateand extremely professional and knowledgable personalinjury lawyer to contact Mr. Oginski's rm rst andimmediately, saving yourself the aggravation of speaking tothe other 98%. Thank you once again Mr. Oginski. Thanks to yourefforts and knowledge of the law our situationturned from a tragedy to a miracle - wherein now,despite my disability, my wife can afford to take care of meat home rather than my being conned in a nursing homeat the age of 53. For many years I wondered to myself how, if ever possible,could God explain to me why I was being allowed me tosuffer as I had under that dentist's care. Now, thanks to themoney settlement you negotiated, I now feel I understandwhy things went the way they did being that now I amcomforted knowing that should anything happen to me, mywife could nancially manage to maintain her current life-style, with no debts or mortgage and in the mean time I amat home versus wasting away in a nursing home. I am serious and sincere in telling you that you have beenpart of a "grand miracle" which has not only helped restore

my mouth but in some ways restored my faith in the Lord.

I hope you are doing well and would be happy to talk to you anytime, (but have trouble typing) if I could be of anyhelp creating a testimonial for your newsletter." Sincerely,Arthur Lawler from Massachusets


5/8

Books, Badges & Website ! ! ! ! ! ! ! ! PAG E5


This badge was issued byan independent companyafter their own investigation.Unlike some companies whoissue badges this one doesnot require an attorney tobuy a plaque, participate inan advertising program or inany way make a donation tothe group who issues theaward.

I was humbled to learn of this really cool distinction.
http://www.oginski-law.com/http://www.oginski-law.com/http://www.oginski-law.com/http://www.oginski-law.com/http://www.oginski-law.com/


6/8


hooting video in Sanibel On bike path, waiting for bicyclist to stroll by

Mia playing Lacrosse, waiting for w

Sailing with friends in Oyster BayDavid hanging out on the sailboatMax speed: 31mph while biking inGreat Neck

40.27 mile bile ride in Sanibel, Fl

At the Mets game v. Braves.Braves won big time.

rief break during 35ile bike ride.


7/8


Gerrys Trivia GameTEST YOUR KNOWLEDGE OF NY LAW

nswers are on the back page

TRUE OR FALSE ?

. Law school takes 4 years to complete.

. Law schools guarantee law students can get ajob upon graduation.

3. Definition of causation: The wrongdoing was asubstantial factor in bringing about yourinjury.

4. If you are partially at fault in causing youraccident, you cannot get compensated foryour injuries in NY.

5. A deposition is a Q & A session under oath.6. An authoritative textbook is one that a

medical expert recognizes is authoritative ona particular topic.

7. If your religion prohibits you from swearing ortaking an oath at trial, you can affirm to tellthe truth.

8. A lawyer who refers your accident case toanother lawyer to handle it assumesresponsibility for the case even though he maynot have any day to day involvement in theyour case.

9. A lawyer who co-mingles your settlementcheck with his personal law firm funds will losehis license to practice.

0. Disbursements are expenses that are paidby the law firm and are repaid to the lawfirm if you win your case.

Word search challenge: Find all 12 words correctly, andin with your name & address lled out for a $10 gift caDunkin Donuts. ONLY 15 GIFT CARDS AVAILABLEin quickly!

NAME:__________________________________

ADDRESS:_______________________________

CITY:____________________________________STATE: __________

ZIP:_______________

EMAIL: __________________________________

PHONE:_________________________________

FAX TO: 516-487-8472


8/8

Give this newsletter to your best friend.Theyll thank you for it, and so will I.

------------ Answers to Trivia Game ----------

1. False, 2. False, 3. True, 4. False, 5. True, 6. True, 7. True, 8. True, 9. True, 10. True

MAIL TO:

HAVE LEGAL QUESTIONS? Pick up the phone andcall. Thats what Imhere for.You can reach me at

516-487-8207 or emailme: [email protected] welcome your call.

NEW YORK INJURY TIM

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. Thats my guarantee.

516-487-8207

T H E L A W O

F F I C E O F :

G E RA L D O G I

N S K I, L L C

2 5 G r e a t N e c

k R d. , S u i t e 4

G r e a t N e c k ,

N Y 1 1 0 2 1 GET YOUR FREE

NEW BOOK

2nd Edition!

Oginski-law.com

NEW YORK INJURY TIM JUNE 2012
http://www.oginski-law.com/http://www.oginski-law.com/mailto:[email protected]:[email protected]

New Online Newsletter Now Available! NY Injury Times-June 2012- Belmont Stakes Edition

Documents

Transcript of New Online Newsletter Now Available! NY Injury Times-June 2012- Belmont Stakes Edition