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Medical Malpractice

Common Causes of Medical Malpractice

Medical Malpractice AttorneyIn order to win a medical malpractice case in New York, your medical malpractice attorney must help you prove that your medical-related injury occurred as a result of the following factors:

1) That a medical professional responsible for your care deviated from the standard of care (negligence).

2) That the departure substantially caused and/or contributed to your injuries.

3) That the injuries you’ve suffered are permanent, significant, lessen your quality of life, limit your ability to work and earn a living and cause you long-term pain and suffering.

All of these conditions must be proven by an expert physician who has either treated you and can confirm each aspect of your case, or by an expert who has reviewed the records and can confirm each element of your medical malpractice claim. Read more below about the four most common causes of medical malpractice injuries, which include misdiagnosis, surgical error, infection and medication errors. You will also find information about New York’s statute of limitations on medical malpractice claims.

Misdiagnosis and Failure to Diagnose Illness

Medical MalpracticeOne of the most common causes of medical error occurs not when doctors actually do something, but when they don’t. Under the current HMO model of healthcare, doctors are often placed in positions where they must make monetary decisions about a patient’s health. The insurance companies encourage doctors to seek ways to save money wherever they can as they administer care, rewarding those who make the effort, and reprimanding those who don’t. In many cases, when doctors and medical specialists’ rates of service consistently cut into profit, insurance companies will offer only partial payment of claims or deny payment altogether, forcing doctors to write off surgeries, operations and examinations of patients as bad debt. Clearly, doctors have important incentives to play by their insurance company’s golden rules, the most important of which is thriftiness.

The most common cases of misdiagnosis occur when costly medical tests are skipped or when data from test results is overlooked or misdiagnosed as a less serious condition than it truly is. Doctors, surgeons and other healthcare professionals often fail to identify and diagnose a patient for an adverse health condition or illness. When this happens, the damage caused to the patient’s health becomes irreversible, leading to chronic pain, sickness or death that could have been prevented.

Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases where a doctor or medical specialist’s failure to diagnose a condition or illness led directly to a worsened condition or death. Many of his cases involved failure to diagnose dangerous but treatable illnesses, including failure to diagnose lung cancer, colon cancer, bladder cancer, brain tumors, pneumonia, periventricular leukomalacia, ischemia, asbestosis and mesothelioma.

Surgical Errors and Anesthesia Errors

Another drawback of healthcare under the HMO model is the pressure HMOs exert on doctors, surgeons, and medical professionals to work longer hours with less support, more patients and cases, higher insurance rates. While these conditions may save hospitals and insurance companies money in operational costs, they don’t bode well for the typical patient in need of high quality medical care. This increased stress only adds to one of most stressful professions

The healthcare profession has always been busy, but perhaps never more so than today, as many doctors, surgeons, nurses and medical specialists average 60 to 70 hour work weeks. First and second year residents of hospitals (the youngest and most inexperienced doctors) typically carry the largest workloads on a hospital’s medical staff, often facing sleep deprivation of more than 30 hours. To combat the significant stress that comes with the medical profession, many doctors and medical professionals succumb to substance and alcohol abuse.

Under these conditions, it’s easy to understand how so many fatal and injurious mistakes and errors occur everyday in our operating rooms throughout New York. Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases of surgical and anesthesia errors. Through his counsel, New York families have pursued compensation for surgical errors that resulted in blindness, hypoxic and anoxic brain injuries, torn and perforated organs, spinal cord injuries, paralysis and amputation. 

Don't take our word for it. Here's what one family had to say about Gerry: 

"We are very happy with the settlement that you obtained. This was a great accomplishment that was made possible by your dedication and experience. Your sincere and caring manner helped to make this experience easier than expected. We truly felt as though we were being helped by a good friend and this case was not just another file number. We would be happy to recommend you to anyone. You've been great! Thanks for everything." Victor & Lucianna Aiello, Brooklyn, NY.


As an attorney with extensive experience prosecuting cases for surgeries that pose significantly higher risks for patients, Gerry has extensive experience in cases involving surgery punctures, surgery perforations, and injuries that often occur during a colonoscopy, laparoscopy or laparotomy procedure. He has also represented injured victims in cases involving doctor error, malpractice or negligence in gynecology, obstetrics, orthopedics, gastroenterology, ophthalmology, cardiology, internal medicine, vascular surgery, dermatology, neurology, neurosurgery, plastic surgery, oncology, general surgery, emergency medicine, family practice, chiropractic errors, radiology, critical care medicine, pathology, anesthesiology, pediatrics, urology, dentistry and podiatry.

He has also handled numerous cases involving improper administration of anesthesia that have needlessly resulted in serious brain damage, paralysis and death for residents of New York.

Infections and Bleeding

During surgeries in operating rooms, maintaining a clean and sterile environment at all times is critical to preventing infection. The human body’s internal organs are extremely susceptible to infection during an operation, and failing to take the proper steps to ensure a sanitary operating room environment has often proven fatal to patients. Blood transfusion related injuries are also common, particularly when patients are given the incorrect blood type in emergency medical situations. Whenever possible, all patients should be closely monitored to prevent infection and excessive bleeding, but too often these basic precautions are neglected by surgeons, nurses and other hospital support staff.

Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases of medical malpractice due to infection and bleeding. Through his representation, New York families have successfully pursued compensation for doctor’s errors that have led to fatal and debilitating cases of infection in pregnancies and other types of surgery. If you or a family member has suffered due to an infection caused by a negligent medical professional, you deserve compensation. Call Gerry today.

Medication Errors

An increasingly common form of medical malpractice involves medication errors. Medication errors include incorrect medications, incorrect doses of medications, incorrect combinations of medications, or medications that the patient is allergic to. Medication errors also occur when the pharmacies or pharmacists filling a prescription give patients the wrong medicines.

Gerry Oginski has represented numerous medical malpractice clients throughout Brooklyn, the Bronx, Queens, Manhattan, Staten Island, Nassau and Suffolk Counties in cases of medical malpractice due to medication errors. He has successfully represented residents of New York in cases against pharmacies, pharmaceutical companies and prescribing doctors, and if you live in New York, can help you with your medication error claim today.

New York’s Statute of Limitations on Medical Malpractice

In New York, you generally have 2 ½ years from the date of the malpractice incident within which to file a medical malpractice claim. However, there are certain exceptions. If the medical malpractice incident occurred at a municipal hospital or clinic, the time to file the claim is usually restricted to just 90 days from the date of the malpractice. In some cases, a knowledgeable attorney can help you apply to the court to file a late claim. Every medical malpractice case is different, and a knowledgeable attorney can help you weigh every legal option available to you. Contact Gerry today for a free consultation about your medical malpractice claim. 516-487-8207

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