4 Common Defenses We See in Medical Malpractice Cases; NY Attorney Gerry Oginski Explains

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  • Опубліковано 31 січ 2025

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  • @coney2010grads
    @coney2010grads 3 роки тому +8

    Thank you these videos are helpful to get ready for my deposition and trying to think of all the things that the plaintiffs counsel will ask and the ways they will ask them

  • @sherleyl27
    @sherleyl27 5 років тому +6

    I have made a compelling case in regards to my Polymyositis illness, from which the doctor failed below the standard of care to initiate a much agressive treatment on my bahalf and, still I'm having trouble finding an attorney. After many complaints about how I was feeling and asking him to go the next step, he blatantly denied me stating that I was not there yet. I ended up falling, became so weak and lost the ability to support my own weight and now unable to maintain a normal quality of life

    • @NYMedicalMalpractice
      @NYMedicalMalpractice  5 років тому

      Wow. Sorry to hear that.

    • @michaelgreco7597
      @michaelgreco7597 2 роки тому +1

      Why did you keep going to the same doctor that was not helping you. Why didn’t you find a different one?

  • @Iamchip9
    @Iamchip9 Рік тому +4

    My mom had cancer but her doctor did wrong treatment and she now died. She caught her cancer at very early stage which was treatable. But her doctor did aggressive surgery and gave her no further chemo and treatment. He told her we need no further treatment. Huge wound was forming in the surgical area. Then my moms cancer turned stage 4 and we went to other doctor but unfortunately they couldn’t save her. Other doctor also told us that her previous doctor did wrong treatment. Can I sue that doctor? Im from Bangladesh btw.

    • @NYMedicalMalpractice
      @NYMedicalMalpractice  Рік тому

      I only practice law in New York, and could not help you. You need to reach out to an attorney near you for assistance. Good luck to you.

    • @Iamchip9
      @Iamchip9 Рік тому

      @@NYMedicalMalpractice but do u think its suable?

    • @NYMedicalMalpractice
      @NYMedicalMalpractice  Рік тому

      @@Iamchip9 As I mentioned, I don't know the law in your State. That's why you need to speak to an attorney in your State who can answer that question.

    • @Dghhvgjnb
      @Dghhvgjnb 2 місяці тому +1

      Yes you can, thats clear case.

  • @franklineadede8119
    @franklineadede8119 4 роки тому +6

    This is very informative,from a plaintiff attack strategy.

  • @LECityLECLEC
    @LECityLECLEC 2 роки тому +2

    wow this video is a masterpiece! Totally worth watching! I wish u could be my lawyer!

  • @shelbys2015
    @shelbys2015 2 місяці тому

    My finger got amputated this year in August, I seen a plastic surgeon and had my finger amputated down more because they could not re attach after 4 days.. 6 weeks later I came for a check up and to get stitches out. A week after that he checks to make sure the skin is healing and not separating. Everything looks good. It is not beginning of September and my finger is leaking pus. I call my doctor and ask if this is normal? They tell me they don’t do follow up care and it’s fine. I keep calling and bugging them every week- they finally bring me in and look at me for two mintues (literally less than 5 minutes for my appointment after driving an hour to get there one way) and he prescribes me keflex and orders an X-ray. Weeks go by- it’s now end of September and I’m still waiting on my X-ray results. He says the antibiotics should have taken care of the problem and not to worry about the X-ray. Keep them updated if anything changes. I call back beginning of October- my finger is still leaking out and getting more red. He says idk go see your primary dr I don’t do follow up care. So I do, and she tell me to see my surgeon. It goes back and forth like this for a while so I start going to walk in clinics and ER offices. It’s now NOVEMBER and my finger erupted in a huge red pus filled abscess… I finally get referred to a wound care dr and HE said my surgeon failed me and that’s malpractice! And negligence! I tell the wound care dr I’ve been dealing with this for months and that it’s just not getting worse- and he cuts me off and says it could have all been prevented if my surgeon treated me properly in the first place! He’s pissed. He order me x rays, blood work and a culture test. My x ray shows no signs of bone infection, my lab work came back with some abnormalities and my culture hasn’t come back yet.. I call today to find out treatment plan. Meanwhile I had to go to the ER last week to get out on antibiotics because it’s taking forever for anyone to do anything!

    • @NYMedicalMalpractice
      @NYMedicalMalpractice  2 місяці тому +1

      I’m sorry to hear that.

    • @shelbys2015
      @shelbys2015 2 місяці тому

      @ Found out today I have a staph infection…I need to be on Bactrim antibiotics for a month. Do you think I have a case?

  • @MichaelFiden
    @MichaelFiden 3 місяці тому

    I went to the urgent care for a swollen foot. I have diabetes and can't feel some parts of my foot. The doctor looked at my foot and said it was athletes foot, sent me home with antibiotics. A month later I went back because my foot never got better. This doctor gave me an ex Ray and said my foot was fractured. Should I sue them ?

    • @NYMedicalMalpractice
      @NYMedicalMalpractice  3 місяці тому

      Can’t answer that question in this short format. Also, I only practice law in New York and if this happened elsewhere, you would need to ask an attorney near you those questions. Good luck to you.

    • @MichaelFiden
      @MichaelFiden 3 місяці тому

      @NYMedicalMalpractice thank you. I still feel violated though. She didn't even give me a blood clot check. I've been walking around and going to work on a broken foot...

  • @erksmirk484
    @erksmirk484 3 роки тому

    I’ve been dealing with medical malpractice for over 20 years

  • @sherleyl27
    @sherleyl27 5 років тому +2

    I'm 33 and was working when diagnosed, this doctor stole my life and my have dashed any hopes I had of leading a normal life and having a family

  • @capricris7672
    @capricris7672 4 роки тому +1

    Thank you so much 🙏

  • @R.O.M.P.A.W.4.3
    @R.O.M.P.A.W.4.3 2 роки тому

    Keep in mind that they're saying there's a failure to stay the claim on the government assistance that is to be granted to me in this state and what I mean by that is according to state laws in Illinois if you receive SNAP benefits or food stamps or any type of government supplemental plan you are eligible for 100% fee waiver. Every time I go to the courthouse if it's not a case where they have some type of ruling that would beat me then I get failure to stay the claim in which relief may be granted at the fee waiver level.

    • @NYMedicalMalpractice
      @NYMedicalMalpractice  2 роки тому

      I only practice law in New York. I am not familiar with the law in Illinois. You would need to speak to an attorney there for details about your case.

    • @R.O.M.P.A.W.4.3
      @R.O.M.P.A.W.4.3 2 роки тому

      @@NYMedicalMalpractice I respect it and I do understand relatively loss I don't know if there's a social platform that I can reach you on to show you it just for the fun of showing it you know cuz I'm into like expectation and things with that nature but my bigger problem is no matter how right I am state of Illinois is refusing to recognize simple pieces that would connect a clue if investigated. Basically what I'm saying is the state of Illinois is appropriating the laws so that their people can't go to jail because that's the people that are creating laws family. Judicial immunity does not make sense under the concept that even the president can be convicted.

  • @michellesabatinifornaro4859
    @michellesabatinifornaro4859 6 місяців тому

    From reading a lot of medical malpractice cases, it seems that most cases are lost before they ever get to trial because the plaintiff doesn’t provide an expert that is equivalent in background, education and experience to the defendant. I am surprised how often this happens.

  • @rahsunallah2825
    @rahsunallah2825 2 роки тому

    I was stabbed in my left bicep,the doctors did two additional surgeries. 1 on my inner arm and another on my fore arm inwhich they left open for going on a month now.does this seem right?

  • @arvin7582
    @arvin7582 6 місяців тому

    A nurse holded my baby in birth canal even after head was crowned because the doctor was not arrived . Can I file a case it as medical malpractice

    • @NYMedicalMalpractice
      @NYMedicalMalpractice  6 місяців тому

      Need much more information. Can’t answer that in this short format.

    • @arvin7582
      @arvin7582 6 місяців тому

      @@NYMedicalMalpractice How can I reach out to you

    • @NYMedicalMalpractice
      @NYMedicalMalpractice  6 місяців тому

      @@arvin7582 516-487-8207 for cases that happened in New York

  • @paddymccune8512
    @paddymccune8512 2 роки тому

    Gerry who do you recomend in mi.

  • @straightforward4111
    @straightforward4111 2 роки тому +1

    Don´t you think there should be no polemic to declare a medical malpractice? Medicine is not mathematical to try to say this is wrong or right, it´s just the knowledge the physician applies in every case. Justice should take that into consideration.

  • @zachjones6944
    @zachjones6944 3 роки тому

    In your experience, what percentage of med/mal cases go to trial?

  • @dewaynemontford8944
    @dewaynemontford8944 3 роки тому

    I need my shoulder surgery looked over new MRI shows a disaster

  • @DreamsOfFinland
    @DreamsOfFinland Рік тому

    as a person with Alzheimer's who has needed a lawyer and can not find one who will even call back, no one needs a lawyer more than someone diagnosed with dementia. the hospitals can do all kind of cruel stuff, I witnessed my roommate being attacked in a hospital, twice. I tried to defend her from my bed, no one is interested because 1 - memory loss 2 - no one wants a client with dementia to be forced to testify years later. also thought I reported crimes to hospital I do not believe they followed through on re-education or even punishment. I just had an NP take away heart meds for 30 days, the damage done is permanent and worsening, no lawyer will even talk to me about itf i will get sued for publishing what happened.
    also, if diagnosed your family will start taking money and stuff before you even adjust to your future.

  • @richardcarr5241
    @richardcarr5241 2 роки тому

    I have a great case. they're going to try to with hold the medical records (guess) - misdiagnose, deprivation of rights, malfeasance, maladministration, conspiracy violation of fiduciary obligation as trustee to a disabled person who suffers with amputation level pain daily. -- 1000's of timed stamped photo's

  • @R.O.M.P.A.W.4.3
    @R.O.M.P.A.W.4.3 2 роки тому

    I respect him saying using hypothetical questions because in my situation I would ask if a person looking to do a gender change talked with a psychological doctor about the issue is he to be called crazy. Or a clear and present danger. I recorded our conversation (in audio) to peaceably excising my fundamental immunity of press. I received a shot and involuntary servitudes of psy-care for refusing my property (subject 4th amendment). Is that constitutionally fair? My reputation was destroyed and a probator placed on my record denying my fundamental immunity of self-defense.
    I am sorry if my words are scattered I am upset

  • @jrtok
    @jrtok 2 роки тому

    My psychiatrist didn’t inform me about the side-effects of the medication that i was taking; after trying to get off of them i almost went into the seizure and had to go to the ER 4 times. I have not felt the same since and am having trouble everyday. Is failing to inform the patient about the side/withdrawal-effects enough for a negligible case?

    • @NYMedicalMalpractice
      @NYMedicalMalpractice  2 роки тому

      In New York, lack of informed consent is only one part of a claim.

    • @michaelgreco7597
      @michaelgreco7597 2 роки тому +1

      Did u read any of the literature from the pharmacy about the med side effects or precautions when you got your meds? It tells u all of it right in there.

  • @sherrodhenderson521
    @sherrodhenderson521 5 років тому +1

    I told my doctor I passed out and fail in the shower she laughed at me but everybody laughed at me though

    • @NYMedicalMalpractice
      @NYMedicalMalpractice  5 років тому +3

      Sherrod Henderson And?

    • @sherrodhenderson521
      @sherrodhenderson521 2 роки тому +1

      @@jonboll-LGM I love the hate keep it coming 😆

    • @4.0gpa44
      @4.0gpa44 11 місяців тому

      She's probably a nasty doctor, but that isn't necessarily malpractice unless they overlooked something else.