new halloween edition newsletter: ny injury times oct. 12

7/31/2019 New Halloween Edition Newsletter: NY Injury Times Oct. 12'

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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. Herorthopedist 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 inNew 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 littlebleeding.

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

THELAWOFFICEOF :

GERALDOGINSKI, LLC

25GreatNeckRd. , Suite4

GreatNeck, NY11021

TELEPHONE516-487-8207 FAX516-487-8472

Defense attorney: How

much do you need to

settle this case?

Plaintiff's attorney: I need

$5 million dollars.

That 's not going to

happen, says the defense

attorney authoritatively.

"What do you real ly

need?"

" I r ea l l y need $2 .5

million.

That 's not going to

happen either, says the

defense attorney with

finality.

What just happened?

MISTAKE #1

What just happened is that

the plaintiff's attorney lost

all credibility and any

negotiating advantage he

had. He equated the word

need with what he

expected his client to

receive and the insurancecompany to willingly pay.

That was mistake number

one.

continued on page 2
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MISTAKE #2

Mistake number two was

answering the question What

do you really need?

That presumes that the answer to

the last question was totallyinflated and false. The plaintiff's

at torney misinterprets that

question again by thinking that

the word need is what the

defense and their insurance

company is willing to accept and

pay.

Now the defense attorney has

been able to reduce the amount

of money being demanded not

once, but twice. In addition,

simply by uttering the word

"No," he has already lowered the

bar and the possibility that this

matter could be settled for a

substantial sum of money.

Plaintiff's attorney has lost all

negotiating advantage and now

must wait for the defense lawyer

to offer a lowball settlement

amount.

MISTAKE #3

Okay, what do you think this

case is worth and what is theinsurance company willing to

pay to settle this matter?

The plaintiffs attorney has now

subconsciously transferred all

negotiating power to the defense

lawyer to set the value of this

case and to control whether or

not the case is able to be

negotiated. No matter what

number the defense lawyer

throws out, the plaintiff 's

attorney will then have to either

accept or reject the offer.

It is unlikely he will now be in a

position to obtain substantially

more money for his client.

continued from page 1

3 Phrases That Will Destroy

Your Chances of Successfully

Negotiating Your Accident Case


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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 was

getting larger andl a r g e r b y t h eminute. Her bellywas getting tighter.S h e c a n n o tunderstand why.The doctors did nottouch her bellyduring surgery. Thenurses were calledover and they toowere puzzled. Bythe time a doctorc a m e t o h e r b e d s i d e , t h epatient's belly wast h e s i z e o f awatermelon.

No one had anye x p l a n a t i o n w h y t h i s w a shappening. 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. She

was given emergency anesthesia

and the doctor immediately cut intothe patient's belly to find out what'sgoing on. The moment the doctorcut 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'sbowel and intestines to see if therewas some hole or perforation ortear 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 the

massive amount of air that wasreleased as soon as he cut into thepatient's abdomen.

After rushing the patient intosurgery, and then returning her backto the recovery room, there wasstill no answer why this patientdeveloped an acute emergency in

her abdomen. It was confusing. It

was perplexing. It made no sense.When the patient was returned backto 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 the

orthopedic surgeong a v e s p e c i f i cinstructions that thepatient's drain was to beattached to a suctiondevice? Well, the nursewho was assigned tothe pat ient in therecovery room attachedtubing from the drain inthe patient's knee to anoutlet on the wall andthen turned on the

valve.

T h e n u r s e w h oat tached dra inagetubing to the walloutlet did not realizet h a t i n s t e a d o f attaching it to the

suction device where it would suckfluid out of the wound, she hadinstead 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 thepatient's knee. Since there was noplace for the oxygen to go, it foundthe path of least resistance underthe patient's skin, moved up herlegs and up to her belly. Continued p.4

Bike riding in Sanibel, Florida
http://www.oginski-law.com/http://www.oginski-law.com/http://www.oginski-law.com/


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continued from p. 3

This explains the slowly inflatingabdomen together with increasing

pain along with the immediaterelease of air when cutting openthis woman's belly.

The remarkable thing about thishorrific scenario was that it wastotally preventable. Had the nursechecked where the tubing wasgoing before attaching it andconfirming that it was in fact asuction device and not an oxygendevice, this would have beentotally averted.

Instead, this nice, sweet 62-year-old woman having just come out ofsurgery was now subjected to amassive amount of oxygen beingpumped into her body, up her legs,up to her abdomen and she wasliterally inflating like a balloon.She needed to have emergencysurgery where doctors spent anextended amount of time searchingfor the cause of the air within herbelly.

By the time this woman left thehospital, not only did she have anew knee but she also had stitchesand a huge incision that ran fromthe bottom of her rib cage all theway down to her groin plus sheneeded to reuperate from her majorabdominal surgery.

HOSPITAL REFUSES TOACCEPT RESPONSIBILITYUNTIL...

It was fascinating that the hospitalrefused to accept responsibility forthis woman's injuries until we gotclose to trial. The defense knewthat they had absolutely no defense

and that her in juries weresignificant and never should havehappened.

So why do I share this story withyou?

I share it with you to give you anidea and an insight into whathappens in a case like this. Chancesare you have questions andconcerns about your own surgeryand whether or not the treatmentyou received was appropriate. Ifyou have legal questions aboutyour surgical or orthopedic matter,I encourage you to pick up the

phone and call me at 516-487-8207o r b y e - m a i l a [email protected]. I welcomeyour call.

Sanibel sea shells

N Y C

apartment

b u i l d i n g

celebrating

halloween
mailto:[email protected]:[email protected]


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GET YOUR FREE BOOK!! ! ! ! ! ! ! ! PAGE5


The easiest way to get your FREE copy of

my educational book...use your smartphoneto scan this QR code. Then enter your name

and email and youll have an IMMEDIATE

download.

Its that simple!

Mia playing JV Soccer

David playing Little League Baseball


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7/8


Gerrys Trivia GameTEST YOUR KNOWLEDGE OF NY LAW

nswers are on the back page

TRUEORFALSE?

. An attorney in New York can give a gift to

someone who refers him a good case.

2. Objection sustained means that the witness

is not to answer the question.

3. A motion in limine is a request from the courtfor a box of genetically engineered lemons

and limes.

4. A motion to withdraw is a request by the

attorney to no longer represent his client.

5. Hearsay is what a drunk person says after

being arrested.

6. The chain of custody is a direct link showing

who touched certain evidence.

7. An X-ray or CAT scan being introduced into

evidence must have identifying information

such as the patients name & date of exam.

8. A lawyer who is only admitted to practice in a

state outside of NY who wants to try a case in

NY must get first permission from the Court

and affiliate himself with a NY attorney.

9. The statute of limitations is a big monument

that appears in front of most court houses inNew York.

0. At a deposition, an attorney representing a

non-party witness has the right to tell his client

not to answer a particular question.

Word search challenge: Find all 15 words correctly, and f

in with your name & address filled out for a $10 gift card

Dunkin Donuts. ONLY 15 GIFT CARDS AVAILABLE...so fax

quickly!

NAME:__________________________________

ADDRESS:_______________________________

CITY:____________________________________STATE: __________

ZIP:_______________EMAIL: __________________________________

PHONE:_________________________________

FAX TO: 516-487-8472

New Word Search!FIND ALL WORDS AND WIN A GIFT CA

F I N D T H E S E 1 5

WORDS:

COMPLAINT

DEFENDANT DEPOSITION

INTERROGATORIES

JUDICIAL

JURY

MALPRACTICE

NEGLIGENCE

OBJECTION

PREPONDERANCE

PROOF RELEVANT

REPRESENTATION

SUMMONS

VERDICT


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Give this newsletter to your best friend

Theyll thank you for it, and so will I.------------Answers to Trivia Game ----------

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

MAIL TO:

HAVE LEGAL

QUESTIONS?

Pick up the phone

and call. Thats

what Im here for.

You can reach me

at 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

THELAW

OFFICEO

F:

GERALD O

GINSKI , L

LC

25 GreatN

eckRd . , S

uite 4

GreatNec

k, NY1102

1

GET YOUR FREE

BOOK

2nd Edition!

Oginski-law.com

NEW YORK INJURY TIMES OCTOBER 2012
http://www.oginski-law.com/http://www.oginski-law.com/mailto:[email protected]:[email protected]

new halloween edition newsletter: ny injury times oct. 12

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