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NY Injury Times- New Newsletter Dec. 10'

NY Injury Times- New Newsletter Dec. 10'

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Published by Gerry Oginski
In this month's December 10' newsletter read about Gerry's FAQ's; learn what happens to Jimmy Changa when Wikileaks dumps info about Jimmy in Gerry's never-ending fictional story. Test your knowledge of the law by playing Gerry's trivia game. Then read about 5 Holiday Tips To Keep You From Being an Emergency Room Malpractice Victim.
In this month's December 10' newsletter read about Gerry's FAQ's; learn what happens to Jimmy Changa when Wikileaks dumps info about Jimmy in Gerry's never-ending fictional story. Test your knowledge of the law by playing Gerry's trivia game. Then read about 5 Holiday Tips To Keep You From Being an Emergency Room Malpractice Victim.

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Published by: Gerry Oginski on Dec 08, 2010
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12/08/2010

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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
DECEMBER 2010
 
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Q: When you question my doctor at a deposition, can I be present? Can I ask questions too?A:
During a lawsuit, each side gets to question the otherside during a procedure called a deposition. (It's alsocalled an examination before trial- EBT). During adeposition, it's an opportunity for me to get specificanswers about what happened to you or your loved one.There are important strategies used by experienced triallawyers when questioning a doctor in your case. Notonly are we trying to establish facts, as the doctorrecalls them, but are also attempting to lock the doctorinto a position about what was done for you, and why. Iwill always ask the doctor to read his treatment record,and then have him or her explain the reasons fortreating you the way he did. As a victim or familymember of a loved one involved in the case, you arealways welcome to be present when I question thedoctor at his deposition. However, I must caution youthat sitting across from the person whom you believecaused you or your family serious harm is veryunsettling. The urge to reach across the table and dosomething physical is ever-present. The urge to verballyrespond to a comment by the doctor is also very strong.Please remember, if you wish to be present, you can.BUT, the focus and emphasis is on questioning the
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On the slopes
 
 NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com
continued from p. 1
doctor, NOT your desire to give him orher a piece of your mind. If you havecertain questions you feel are importantto your case, by all means discuss themwith me before the deposition. You willnot be permitted to ask questionsyourself. Importantly, if you choose notto be present when I question thedoctor...not to worry. I can send you acopy of the transcript so you can read itat your leisure. In my experience, 99times out of 100, my client will choosenot to be present during a doctor'sdeposition.
Q: In a medical malpractice case, whyaren't there only doctors who sit onthe jury?A:
Our system of justice requires that a'jury of one's peers' sit in judgment. Thisphrase has come to mean people of thecommunity, and not people who havethe same jobs or same backgrounds.We'd never really know if 6 doctorssitting in judgment against anotherdoctor would find in favor of the doctor just because they sympathized with thepoor guy. If a truck driver caused a caraccident, should he be entitled to a juryof all truck drivers? Don't you thinkthey'd be sympathetic to a fellow truckdriver? What if the injured personbringing the lawsuit was a banker, andthe person who caused the accidentworked in a fast food restaurant? Which jurors should sit in judgment of such acase? The answer is that anyone in thecommunity who is over 18 years of agecan sit on a jury.
Q: I've heard the phrase 'loss of enjoyment of life' - what does itmean?A:
That is a concept that lawyers use toexplain that your injuries caused youpain, suffering, and literally the loss of enjoyment of your daily life. Thisallegation of loss of enjoyment of life isincluded within any claim for pain andsuffering you may have. We would point
 
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 Harvard University library stepsSt. Maarten goat Snowtubing at Camelback  Dad & David in the ski lodgeConey Island AquariumOn the ski lift at Camelback 
 
 NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com
continued from p. 2
 
o
ut to a jury how your injuries haveaffected your daily lifestyle, how youare physically disabled from doing thosedaily tasks that were once simple andeasy, and how you no longer enjoy yourlife- as you once did, because of yourdebilitating injuries.
 
Q: 5 Holiday Tips To Keep You FromBeing an Emergency RoomMalpractice VictimA:
The holidays are notorious for overindulging on food, overexertion whileshoveling snow, and high levels of stress. Unfortunately, this puts manypeople in the emergency room needingimmediate medical care. What happensin the emergency room when thehospital is understaffed because thedoctors and staff are on vacation andthey're short-staffed? Your care maysuffer. Here are 5 important tips to helpyou through the holidays if you wind upin the emergency room:Make sure you are seen by anattending emergency room doctor.An attending is a doctor who hascompleted all of his postgraduatetraining, and is now working for thehospital. Most emergency rooms arestaffed by doctors-in-training, calledresidents, and are supposed to besupervised by a senior physician. If you are seen by the resident doctor,you should ask to also be personallyevaluated by the attendingphysician.If you are able, ask lots of questions."Why do I need this test," "What isthe purpose of this medication,""Are there any alternatives to treatme, other than what you arerecommendi
 
ng?" "What will happenif I choose not to have thetreatment?" Do not accept what isgiven to you blindly.If you have x-rays, an MRI scan or aCAT scan, ask whether the attendingradiologist has read the films. Donot rely on the radiology resident inthe emergency room to read thefilms. "Oh, but the attending isn't innow, he reads it the next day." Nogood. If the attending radiologistisn't available, ask the emergencyroom doctor to read the filmshimself.If you are given medication, eitherin pill form or by intravenous line,you must ask if there's the potentialfor an allergic reaction. Allergicreactions can kill you. You must ask.If you are allergic to anymedication, make sure theemergency room staff notes it onyour chart, and make sure you aregiven an 'allergy bracelet' to leteveryone know about your allergies.In practically every hospital, allergybracelets are available to warnhospital staff about a patient'sallergies. Don't rely on a note inyour chart to inform the doctors andhospital staff about your allergy.

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