SPECIAL: BAT MITZVAH 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
JUNE-JULY 2011

3 REASONS NOT TO SUE YOUR DOCTOR GERRYS NEVER ENDING STORY NEW TRIVIA GAME PHOTO GALLERY

THE IRS MAY WANT A PIECE OF YOUR SETTLEMENT

I learned something new today thanks to my good friend John Fisher, an upstate NY medical malpractice trial lawyer. It has to do with condential settlements. Any time you settle a personal injury lawsuit or medical malpractice lawsuit in New York, the money you receive as compensation is not taxable. The reason? Because the compensation is not earned income. It is simply to compensate you for the pain and suffering you endured as a result of somebody elses carelessness. John pointed out something very important in a recent newsletter of his. In many medical malpractice cases the doctors insurance company requires that the terms of the settlement remain condential. If an injured victim publicizes the terms of the settlement there are signicant repercussions that penalize the injured victim for disclosing the settlement terms.

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Mias Bat Mitzvah

Joseph needed to work out and grabbed the two closest people, Mia & Shari

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

NY INJURY TIMES- FAQS & ANSWERS!

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At the beach; Mia & David

Shari graduates high school

Joseph waiting to surprise Shari with owers after graduation

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Here is what the IRS has done.

The IRS has determined that in order for the parties to keep the terms of the settlement quiet and condential, there must be some consideration for that to happen. What this typically means is that someone has paid an amount of money to someone else in exchange for keeping things quiet. The IRS has determined that the amount of money paid in consideration for this non-disclosure agreement is taxable. For example, if a personal injury case is settled prior to trial for $1 million dollars with the express agreement that none of the parties to the lawsuit are permitted to disclose the amount of money paid or by whom, the government may determine that part of that $1 million settlement represents payment for the parties to keep quiet. The question becomes What percentage of that money represents consideration for the agreement to keep quiet?

In most settlements, there is usually no allocation as to how much represents past pain and suffering or future pain and suffering. Nor is there usually any allocation of how much money, if any, is allocated to medical expenses or to keeping things quiet. Based upon this case involving the IRS, it would be in everyones best interests to make sure there is a specic allocation of money in the event there is a request by the defense to keep things quiet. The better practice however would be simply not agree to a request by the doctors lawyers or insurance company to keep things quiet. However, the reality is that many times we cannot successfully resolve a case unless we agree to keep the terms of settlement quiet. Its a bit of a Catch-22 situation. However, as long as your attorney is aware of this conundrum, there are steps here she can take to minimize its impact. To learn more about this, pick up the phone and call me at 516-487-8207.

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

On the ski lift at Camelback

GERRYS NEVER ENDING STORY!

Jimmy Changa Learns Who The Bearded Smelly Man Was
In last months episode, Jimmy went on the ride of his life. He accompanied some of the best trained SEAL commandos the United States has ever produced, for an assault on a highly fortied target in Pakistan. When we last left Jimmy, he had been given an assault rie by one of the Navy SEALs and told to scour the house. If he found a target, he was to yell for help. However, Jimmys voice failed him and he found himself looking straight at the most wanted man in the world. The bearded smelly man looked more like a goat herder. The turban-headed goat herder grabbed the closest woman and put a knife to her throat. In that instant, Jimmys mind ashed back to the two planes crashing horrically into the World Trade Center buildings. In a split second and without further thought, Jimmy pulled the trigger and blew the smelly mans brains across the room. The woman screamed and dropped to the oor. She crawled to Jimmy, stood up and slapped him in the face and screamed in English Why did you do that? He was a simple gold herder who ate smelly goat cheese and had rotting teeth. She quickly pulled Jimmy aside and chastised him saying that he blew her cover. Jimmy said What the heck are you talking about lady? This is the most hated man in the world. The woman replied quietly that she was working undercover for the Israeli Secret Service and was only days away from learning who was in his most dastardly secret network. At that moment, seven SEAL commandos burst into the room with their weapons drawn and ordered the two of them to hit the ground. The team leader yelled out Who shot this man? Jimmy nally got his voice back and yelled out I did! Seven commandos conrmed that the room was secure and proudly and swiftly congratulated Jimmy for killing the most wanted man in the world. The other members of the household were rounded up, handcuffed and brought outside to await transport to the US Embassy. The remaining seal team picked through the house with a ne tooth comb and took everything they could get their hands on to bring back for analysis. With one sentence the White House was notied that the mission was a success. The goat herder has gone to the pearly gates. Eight hours later the president of the United States was on national TV announcing that Osama bin Laden had been killed during the course of a raid upon his home. Our brave SEAL commandos performed this historic mission with success. What the public did not know, and would never know, was that the person who pulled the trigger was not a member of the military and was not a Seal team commando. Rather, he just happened to be one of the nations best kept secrets; someone who can predict when someone will die simply by shaking their hand. " " Join me next month when we continue to follow Jimmys antics in my never ending ctional story.

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Mia; the early years

Mia & David at Coney Island

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

Medical Malpractice; To Sue or Not to Sue

Medical Malpractice- 3 Reasons Why You Shouldn't Sue Your Doctor

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"The money you're asking for isn't going to change anything..."

However, money is the only thing that our justice system allows us to recover when an injured victim sues their wrongdoer. While those comments above may all be true, 1. YOU LIKE YOUR we are prohibited from taking justice DOCTOR into our own hands. Therefore, what else can we obtain for the injured So, what's wrong with that? victim? Money is the only thing that Nothing. Most of us like our allows us to pay the medical bills that doctors. That's why we trust them were generated as a result of the and keep going back to them for wrongdoing. Money is going to make treatment. But should the fact that the victim more nancially secure. you like your doctor prevent you Money will help the injured victim with from seeking compensation when ongoing medical care and he or she committed wrongdoing rehabilitation. The injured victim will that caused you physical and not be a burden on a City or emotional injury? governmental handout. Money will help At Mias photo shoot his children go to school or camp. The law in New York permits anyone who has been injured by Money may help with modications needed in his home- such another to bring a lawsuit for compensation. This law as a wheelchair ramp or modied kitchen appliances. originated from common law and goes back hundreds of years. In fact in some religions there is evidence that this type Money can never make us whole, or replace the agony and of law goes back thousands of years. It makes good common suffering that was caused by a doctor or a hospital. sense. If another person causes you harm, you are entitled to Compensation is supposed to make those wrongdoers think obtain money to pay for your medical expenses, your lost twice about doing that same action again, and hopefully earnings, your future lost earnings, the damage to your prevent the next person from being a malpractice victim. property, and of course, compensation for the pain and suffering you endured. So, should the fact that you like your doctor prevent you from bringing a lawsuit? It might make you feel uncomfortable, but I guarantee that when you start to think about your disabling injuries and how your doctor may have caused them, the anger and hostility you feel will usually outweigh your fondness for your doctor.

3. YOUR DOCTOR'S REPUTATION WILL BE TARNISHED

2. WHAT GOOD WILL THE MONEY DO FOR YOU?

This is a common rhetorical question that defense attorneys often ask plaintiff's lawyers. "The money won't bring your loved one back," "The money won't make you whole again,"

Contrary to popular opinion, (or at least from the doctor's insurance company) this is not an accurate statement. Most people living in a civilized society recognize the right to sue. The fact that a doctor has been or is sued is not that signicant. If you ask a doctor if they've been sued, they will often be quick to explain how the case had no merit. Importantly, the physician will still continue to practice medicine and there will usually be no disciplinary action taken as a result of a civil medical malpractice lawsuit. The belief that a doctor's reputation will suffer a blemish if sued, is simply not correct.

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

A True Story - A search for a real estate agent I WAS LOOKING FOR REAL ESTATE AGENT THE OTHER DAY
tru s two r thy a n d ex p eri en c ed . Therefore, I was left to my own devices to do some research that would lead me to a real estate agent that I could trust who provide me with knowledgeable information about the questions I needed answered. The rst place I looked was online and did a Google search for a real estate agent in this particular town. The results were not encouraging. I could not identify and isolate why one real estate agent was any better than the other. They all have the same basic information on their websites. They all promised lots of things but nobody ever took the time to explain how they were different. Nor did they take the opportunity to provide me with basic information about things I was searching for. I did not simply want to pick someone at random to ask them the series of detailed and complicated questions. After 15 minutes of being totally

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frustrated I give up my search for the day. I recognized immediately that consumers who are searching for an attorney have the same exact problem. If they dont know someone who can recommend an attorney, the most likely place for them to start searching is the Internet. They will typically type in a question looking for answers. On my website, viewers will nd more than 300 FAQs and answers, hundreds of free reports, hundreds of free video tips that explain how lawsuits work as well as four free books that you can download immediately that will help you understand how medical malpractice, accident and wrongful death cases work here in the state of New York. My goal is to educate you and teach you so you have sufcient information to make an educated decision about your particular case.

I have questions that I needed to ask for one of my clients. The problem was, I had no idea where to start. I didnt know what constituted a good real estate agent. I didnt know where to turn and I certainly didnt want to go to the Yellow Pages and pick someone out of a hat. Here was my dilemma: I didnt know a real estate agent in this geographic location. Nor did I know someone who could refer me to someone

Mia right before her party started

Sandwich kiss

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

GERRYS PHOTO GALLERY!

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David jumping into the pool Dad & Joseph at the Mets game

David at bat- Little League Joseph & Shari heading to the synagogue

Table settings before the party

Mia in front of the Torah

Joseph and Dad at Mias Photo Shoot before her Bat Mitzvah

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

TRIVIA GAME!

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Gerrys Trivia Game

TEST YOUR KNOWLEDGE OF NEW YORK LAW

TRUE OR FALSE?
1. At a deposition, the opposing attorney can ask you any question they like, especially ones that have nothing to do with your case or the injuries you are claiming. A deposition is a chance for you to explain your side of the events. An examination before trial is the same thing as a deposition. An examination before trial is conducted in court in front of a judge. A deposition is conducted in a lawyers office and you are sworn to tell the truth. Testimony given at a pretrial deposition cannot be used against you at trial. In state court cases, all pretrial depositions are videotaped to preserve them for posterity.

8.

9.

2. 3. 4. 5. 6. 7.

10.

In state court lawsuits, each side has an opportunity to question the other sides medical experts at a pretrial deposition. Close friends of the people who are testifying at a deposition may sit in, in order to give moral support to the witness. If a witnesss religious beliefs prohibit them from swearing to tell the truth, there is an alternative method by having them affirm that the testimony they are going to give will be the truth.

BONUS QUESTION
If a lawyer forgot to ask follow-up questions of a witness during a deposition, they can simply come back another day to ask those follow-up questions which they forgot to ask originally.
Answers are on the back page

Mia at a family wedding

The whole family celebrating Sharis graduation

Mia, a few days old, sleeping on me. Peaceful & serene.

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

NEW YORK INJURY TIMES

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

Gerry Oginski, NY Medical Malpractice Trial Lawyer

HAVE LEGAL QUESTIONS? Call me: 516-487-8207 or email me: LAWMED10@YAHOO.COM I WELCOME YOUR CALL!

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

NEW YORK INJURY TIMES

THE LAW OF G R A L D F IC E O F : E 2 5 G re at O G IN S K I, L L C N ec k R d ., S u it e 4 G re at N ec k, N Y 1 1 021 TELEPH ONE 51 6- 48 782 07 E M A IL L AW M E D 10 @ YA H O O .C O M

JUNE-JULY 2011

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