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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
JUNE-JULY 2011
THELAWOFFICEOF :
GERALDOGINSKI, LLC
25GreatNeckRd. , Suite4
GreatNeck, NY11021
TELEPHONE516-487-8207 FAX516-487-8472
I learned something new
today thanks to my goodfriend John Fisher, an upstate
NY medical malpractice trial
lawyer.
It has to do with confidential
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 manymedical malpractice cases the doctors insurance company requires
that the terms of the settlement remain confidential. If an injured
victim publicizes the terms of the settlement there are significant
repercussions that penalize the injured victim for disclosing the
settlement terms. Continued on page 2
Mias Bat Mitzvah
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Continued from page 1
Here is what the IRS has done.The IRS has determined that in order for theparties to keep the terms of the settlement quietand confidential, there must be someconsideration for that to happen. What this
typically means is that someone has paid anamount of money to someone else in exchangefor keeping things quiet. The IRS has determinedthat the amount of money paid in considerationfor this non-disclosure agreement is taxable.
For example, if a personal injury case is settledprior to trial for $1 million dollars with theexpress agreement that none of the parties to thelawsuit are permitted to disclose the amount ofmoney paid or by whom, the government may
determine that part of that $1 million settlementrepresents payment for the parties to keep quiet.The question becomes What percentage of thatmoney represents consideration for theagreement to keep quiet?
In most settlements, there is usually no allocationas to how much represents past pain andsuffering or future pain and suffering. Nor isthere usually any allocation of how much money,if any, is allocated to medical expenses or tokeeping things quiet.
Based upon this case involving the IRS, it wouldbe in everyones best interests to make sure thereis a specific allocation of money in the eventthere is a request by the defense to keep thingsquiet. The better practice however would besimply not agree to a request by the doctorslawyers or insurance company to keep thingsquiet. However, the reality is that many times wecannot successfully resolve a case unless weagree to keep the terms of settlement quiet. Its abit of a Catch-22 situation.
However, as long as your attorney is aware ofthis conundrum, there are steps here she can taketo minimize its impact.
To learn more about this, pick up the phone andcall me at 516-487-8207.
On the ski lift at Camelback
Shari graduates high school Joseph waiting to
surprise Shari with
flowers after graduation
At the beach; Mia & David
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NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com
Jimmy Changa Learns Who The
Bearded Smelly Man Was
In last months episode, Jimmy went on
the ride of his life. He accompaniedsome of the best trained SEALcommandos the United States has ever
produced, for an assault on a highlyfortified target in Pakistan.
When we last left Jimmy, he had been
given an assault rifle by one of the NavySEALs 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 themost wanted man in the world.
The bearded smelly man looked morelike a goat herder. The turban-headed
goat herder grabbed the closest womanand put a knife to her throat. In thatinstant, Jimmys mind flashed back to
the two planes crashing horrifically intothe 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 tothe floor. She crawled to Jimmy, stood
up and slapped him in the face andscreamed in English Why did you do
that? He was a simple gold herder whoate smelly goat cheese and had rotting
teeth.
She quickly pulled Jimmy aside and
chastised him saying that he blew hercover. 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 wasworking undercover for the Israeli Secret
Service and was only days away fromlearning who was in his most dastardly
secret network. At that moment, sevenSEAL commandos burst into the room
with their weapons drawn and orderedthe two of them to hit the ground. Theteam leader yelled out Who shot this
man?
Jimmy finally got his voice back andyelled out I did!
Seven commandos confirmed that theroom was secure and proudly and
swiftly congratulated Jimmy for killingthe most wanted man in the world.
The other members of the household
were rounded up, handcuffed andbrought outside to await transport to the
US Embassy. The remaining seal teampicked through the house with a finetooth comb and took everything they
could get their hands on to bring backfor analysis.
With one sentence the White Housewas notified that the mission was a
success. The goat herder has gone tothe pearly gates.
Eight hours later the president of the
United States was on national TV
announcing that Osama bin Laden hadbeen killed during the course of a raid
upon his home. Our brave SEALcommandos performed this historic
mission with success.
What the public did not know, and wouldnever know, was that the person whopulled the trigger was not a member of
the military and was not a Seal teamcommando. Rather, he just happened to
be one of the nations best kept secrets;someone who can predict when
someone will die simply by shaking theirhand.
" " Join me next month
when we continue to follow Jimmy s
antics in my never ending fictional
story.
Mia & David at Coney Island
Mia; the early years
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Medical Malpractice; To Sue or Not to Sue PAGE4
NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com
Medical Malpractice- 3 Reasons
Why You Shouldn't Sue Your
Doctor
1. YOU LIKE YOURDOCTOR
So, what's wrong with that?
Nothing. Most of us like our
doctors. That's why we trust them
and keep going back to them for
treatment. But should the fact that
you like your doctor prevent you
from seeking compensation when
he or she committed wrongdoing
that caused you physical and
emotional injury?
The law in New York permits anyone who has been injured by
another to bring a lawsuit for compensation. This law
originated from common law and goes back hundreds of
years. In fact in some religions there is evidence that this type
of law goes back thousands of years. It makes good common
sense. If another person causes you harm, you are entitled to
obtain money to pay for your medical expenses, your lostearnings, your future lost earnings, the damage to your
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.
2. WHAT GOOD WILL THE MONEY DOFOR 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,"
"The money you're asking for isn't going to chang
anything..."
However, money is the only thing that our justice system
allows us to recover when an injure
victim sues their wrongdoer. Whil
those comments above may all be true
we are prohibited from taking justic
into our own hands. Therefore, wha
else can we obtain for the injure
victim? Money is the only thing tha
allows us to pay the medical bills tha
were generated as a result of th
wrongdoing. Money is going to mak
the victim more financially secure
Money will help the injured victim witongoing medical care an
rehabilitation. The injured victim wi
not be a burden on a City o
governmental handout. Money will hel
his children go to school or camp
Money may help with modifications needed in his home- suc
as a wheelchair ramp or modified kitchen appliances.
Money can never make us whole, or replace the agony and
suffering that was caused by a doctor or a hospita
Compensation is supposed to make those wrongdoers thin
twice about doing that same action again, and hopefullprevent the next person from being a malpractice victim.
3. YOUR DOCTOR'S REPUTATION WILLBE TARNISHED
Contrary to popular opinion, (or at least from the doctor
insurance company) this is not an accurate statement. Mos
people living in a civilized society recognize the right to sue
The fact that a doctor has been or is sued is not tha
significant. If you ask a doctor if they've been sued, they wi
often be quick to explain how the case had no merit
Importantly, the physician will still continue to practic
medicine and there will usually be no disciplinary action take
as a result of a civil medical malpractice lawsuit. The belie
that a doctor's reputation will suffer a blemish if sued, i
simply not correct.
At Mias photo shoot
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A True Story - A search for a real estate agent PAGE5
NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com
Sandwich kissMia right before her party started
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NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com
Dad & Joseph at the Mets game
David jumping into the pool
David at bat- Little League
Mia in front of the TorahJoseph and Dad at Mias Photo
Shoot before her Bat Mitzvah
Joseph & Shari heading to the synagogue
Table settings before the party
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NY Injury Times, 25 Great Neck Road, Suite 4, Great Neck, NY 11021 | 516-487-8207 | www.Oginski-law.com
Gerrys Trivia GameTEST YOUR KNOWLEDGE OF NEW YORK LAW
Answers are on the back page
TRUEORFALSE?
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.
2. A deposition is a chance for you to explain your
side of the events.
3. An examination before trial is the same thing asa deposition.
4. An examination before trial is conducted in
court in front of a judge.
5. A deposition is conducted in a lawyers office
and you are sworn to tell the truth.
6. Testimony given at a pretrial deposition cannot
be used against you at trial.
7. In state court cases, all pretrial depositions are
videotaped to preserve them for posterity.
8. In state court lawsuits, each side has a
opportunity to question the other sides medica
experts at a pretrial deposition.
9. Close friends of the people who are testifying
at a deposition may sit in, in order to give
moral support to the witness.
10. If a witnesss religious beliefs prohibit them from
swearing to tell the truth, there is an alternative
method by having them affirm that thetestimony 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 question
which they forgot to ask originally.
The whole family celebrating Sharis graduation
Mia at a family wedding
Mia, a few days old, sleeping on
Peaceful & serene.
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Give this
newsletter toyour best
friend. Theyll
thank you for
it, and so will------------Answers to Trivia Game --
1. False, 2. False, 3. True, 4. False, 5. True,
False, 7. False, 8. False, 9. False, 10. True,
BONUS: False
MAIL TO:
HAVE LEGAL QUESTIONS?
Call me: 516-487-8207
or email me: [email protected]
I WELCOME YOUR CALL!
NEW YORK INJURY TIMES
Call me right now with any legal questions about injuries from any accident or medical car
I promise to give you a straightforward and honest answer. Thats my guarantee.
516-487-8207
THELAWOFFICEOF :GERALDOGINSKI, LLC25GreatNeckRd. , Sui te4GreatNeck, NY11021
TELEPHONE516-487-8207 [email protected]
ORDER YOUR
FREE BOOK
NOWOginski-law.com
NEW YORK INJURY TIMES JUNE-JULY
Gerry Oginski, NY Medical Malpractice Trial Lawyer
http://www.oginski-law.com/mailto:[email protected]://www.oginski-law.com/http://www.oginski-law.com/mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]