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New Halloween Edition Newsletter: NY Injury Times Oct. 12'

New Halloween Edition Newsletter: NY Injury Times Oct. 12'

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Published by Gerry Oginski
Halloween Edition!

New York Medical Malpractice Attorney Gerry Oginski presents

THE L GER AW O FFI 25 G ALD reat OGIN CE OF SKI : Nec Gre , L k at N eck, Rd., Su LC TEL ite 4 NY E 110 21 516 PHON -487 E -820 7 FAX 516 -487 -847 2

NY INJURY TIMES
OCTOBER 2012

KNEE REPLACEMENT GOES HORRIBLY WRONG
She was a sweet 62-year-old woman. Her orthopedist told her she needed a knee replacement. She was getting on in age and the cartilage in her knee had given way and it was painful for her to walk. Her
Halloween Edition!

New York Medical Malpractice Attorney Gerry Oginski presents

THE L GER AW O FFI 25 G ALD reat OGIN CE OF SKI : Nec Gre , L k at N eck, Rd., Su LC TEL ite 4 NY E 110 21 516 PHON -487 E -820 7 FAX 516 -487 -847 2

NY INJURY TIMES
OCTOBER 2012

KNEE REPLACEMENT GOES HORRIBLY WRONG
She was a sweet 62-year-old woman. Her orthopedist told her she needed a knee replacement. She was getting on in age and the cartilage in her knee had given way and it was painful for her to walk. Her

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Published by: Gerry Oginski on Oct 28, 2012
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10/28/2012

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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
OCTOBER 2012
She was a sweet 62-year-old woman. Her orthopedist told her she needed a kneereplacement. She was getting on in age andthe cartilage in her knee had given wayand it was painful for her to walk. Her doctor told her it was time.She agreed to have knee surgery thatwould insert a prosthetic knee and allowher the ability to walk without pain.She went into the hospital confident thather doctor would take good care of her.She knew the reputation of this hospital in New York City. She had no hesitation inagreeing to schedule her knee surgery atthis well-known hospital in Manhattan.
Her surgery went remarkably well.There were no complications.
Very little bleeding.As the doctor was finishing the surgery, heinserted a drain into the knee compartmentin order to allow fluid to seep out as shehealed. Nothing unusual about that. In fact,that's often routine.
continued p. 3
 
T  H    A W   F  F  I   F   
A , 
  N   .,   N  , N  Y   T  P  H  N  
F   A  X  
Defense attorney: “
Howmuch do you need tosettle this case?
Plaintiff's attorney: “I need$5 million dollars.”“That's not going tohappen,” says the defenseattorney authoritatively."What do you reallyneed?""I really need $2.5million.”“That's not going tohappen either,” says thedefense attorney withfinality.What just happened?
MISTAKE #1
What just happened is that
the plaintiff's attorney lost all credibility
and anynegotiating advantage hehad. He equated the word“need” with what heexpected his client toreceive and the insurancecompany to willingly pay.That was mistake number one.
continued on page 2
 
 NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com
 
MISTAKE #2
Mistake number two wasanswering the question
“Whatdo you really need?”
That presumes that the answer tothe last question was totallyinflated and false. The plaintiff'sattorney misinterprets thatquestion again by thinking thatthe word “
need
” is what thedefense and their insurancecompany is willing to accept and pay. Now the defense attorney has been able to reduce the amountof money being demanded notonce, but twice. In addition,simply by uttering the word"
No
," he has already lowered the bar and the possibility that thismatter could be settled for asubstantial sum of money.Plaintiff's attorney has lost allnegotiating advantage and nowmust wait for the defense lawyer to offer a lowball settlementamount.
MISTAKE #3
“Okay, what do you think thiscase is worth and what is theinsurance company willing to pay to settle this matter?” 
The plaintiffs attorney has nowsubconsciously transferred allnegotiating power to the defenselawyer to set the value of thiscase and to control whether or not the case is able to benegotiated. No matter whatnumber the defense lawyer throws out, the plaintiff'sattorney will then have to either accept or reject the offer.It is unlikely he will now be in a position to obtain substantiallymore money for his client.
continued from page 1
3 Phrases That Will DestroyYour Chances of SuccessfullyNegotiating Your Accident Case
 
 NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com
continued from p. 1
The orthopedic surgeon left specificinstructions for the recovery roomstaff that
the drain was to beattached to a suction device tohelp remove any fluid buildup
 
inthe knee.
The patient was brought into therecovery room and over the next15-20 minutes she started to feelreally uncomfortable. She noticedthat her belly wasgetting larger andlarger by theminute. Her bellywas getting tighter.She cannotunderstand why.The doctors did nottouch her bellyduring surgery. Thenurses were calledover and they toowere puzzled. Bythe time a doctor came to he bedside,
thepatient's belly wasthe size of awatermelon
. No one had anyexplanation why this washappening. She was not pregnant.She had no prior surgical history toher belly. The only thing thathappened was she went in for kneereplacement surgery and now wasin recovery room and somethingvery wrong is happening veryquickly.One of the surgeons called toevaluate this immediate problemmade a decision that the patientneeds to return back to theoperating room immediately. Shewas given emergency anesthesiaand the doctor immediately cut intothe patient's belly to find out what'sgoing on. The moment the doctor cut into the woman's belly
therewas an immediate gush of air
thatrushed out of the incision.The surgeon then spent the next 45minutes exploring the patient's bowel and intestines to see if therewas some hole or perforation or tear that may have caused air to build up in her belly. The surgeoncould find no answer and nothingabnormal with this woman's belly.The only unusual finding was themassive amount of air that wasreleased as soon as he cut into the patient's abdomen.After rushing the patient intosurgery, and then returning her back to the recovery room,
there wasstill no answer
why this patientdeveloped an acute emergency inher abdomen. It was confusing. Itwas perplexing. It made no sense.When the patient was returned back to the recovery room, the surgeondecided to do some investigating.He took the head nurse and begantalking to the people who werecaring for this patient while in therecovery room after her initial kneesurgery.
The surgeon finally learned theanswer.
Remember when theorthopedic surgeongave specificinstructions that the patient's drain was to beattached to a suctiondevice? Well, the nursewho was assigned tothe patient in therecovery room attachedtubing from the drain inthe patient's knee to anoutlet on the wall andthen turned on thevalve.
The nurse whoattached drainagetubing to the wall outlet did not realizethat instead of attaching it to thesuction device where it would suck  fluid out of the wound, she had instead attached it to an oxygendevice.
This meant that instead of fluid andair coming out of the wound,oxygen was being pumped into anentirely closed compartment in the patient's knee. Since there was no place for the oxygen to go, it foundthe path of least resistance under the patient's skin, moved up her legs and up to her belly.
Continued p.4
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