A woman who had orthopedic surgery underwent a partial knee replacement and the doctor waited until after the patient was in the recovery room when he took an x-ray for the first time. It wasn't clear whether the hardware was in the right place. Despite the fact there was a question as to whether the knee was correctly positioned, the doctor decided not to do anything about it and sent the patient for physical therapy.
Over the next few weeks the patient continued to complain of pain. Over the next couple of months the pain continued unabated. The patient finally went to another orthopedist with these complaints and the first thing he did was take an x-ray to see what was going on. The x-ray clearly showed that the hardware in the knee was totally in an incorrect place and the patient now required corrective surgery within three months after having the initial hardware put in.
Lawyer Malpractice
When the patient had the corrective surgery, she had to have the partial knee replacement removed and now she had to have a total knee replacement put in which will hopefully last her for many years to come. The original knee replacement was supposed to last for 10-12 years, but because the doctor did not put it in the correct position this patient now needed to have surgery at a much earlier time period under general anesthesia. Luckily for this particular woman, after undergoing a recuperative period of time, she did very well with her total knee replacement.
Improper Knee Replacement - Medical Malpractice Lawyer Explains
Improper Knee Replacement - Medical Malpractice Lawyer ExplainsChina Anne McClain - Dynamite (from ANT Farm) Video Clips. Duration : 3.07 Mins.
Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in New York.
Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Learn answers to your legal questions. We have over 250 FAQs to the most interesting legal questions. For more information, call him personally at 516-487-8207.
Also, go over to http://nymedicalmalpracticevideoblog.com for Gerry's free instructional videos on medical malpractice, negligence cases, accidents and wrongful death cases in New York.
Have you ever felt that you were wronged? Maybe you noticed it when you went to the store and the cashier didn't give you the right change. Maybe you went to a restaurant, and the waiter failed to bring you what you actually ordered. How about when you went to buy an expensive appliance, and before you had a chance to ask all your questions, the salesman was already ringing up your sale. Here's a better one: You order an item online, and what you get delivered is totally different than what you actually ordered. You then spend the next hour on the telephone arguing with some faceless clerk, explaining yourself, wasting your time, trying to right someone else's wrong.
How about a drunk driver, driving on the wrong side of a highway recklessly driving home after a night of drinking and partying? Can't you just see the crash about to happen? Don't we read, all too often about tragedies like these? What about a doctor that operates on the wrong side of a patient's brain? Or a hospital that fails to recognize a cardiac arrest, resulting in massive heart damage? How about the driver that blows through a stop sign and destroys the lives of a family on their way home from a holiday party?
Lawyer Malpractice
How do we right the wrong that others have committed?
Injustice - Righting a Wrong - NY Medical Malpractice Lawyer Explains
Unfortunately, we cannot turn back the hands of time. "All the kings men, all the kings horses, couldn't put Humpty Dumpty back together again." I know reciting Humpty Dumpty sounds corny, but it's true. "OK" you say, so what do we as a society do to right a wrong?
The only thing the law in New York allows a person who has been wronged is to obtain compensation. In my last newsletter, I talked about compensation being a debt that must be repaid to the injured victim. The wrongdoer has taken something that should never have been taken. A life; the freedom to be free of pain; the ability to do daily activities without disability. Repaying the victim with compensation is what is expected and demanded.
What about those skeptics who believe that there are frivolous lawsuits? While I would like to tell you that there are no frivolous cases, I would be remiss to do so. Unfortunately, there are a small percentage of cases in the court system that simply do not have merit. There, I've said it. However, the vast majority of cases, especially those brought by experienced medical malpractice and personal injury lawyers in New York do have merit. The reality is that our judicial system is designed to allow someone who has been wronged to 'right that wrong' in court. Our civil liberties, our constitution, and our democratic belief that we are free to choose how to live our lives is what makes New York, and in fact the United States, the best place to live in the world.
Compare what we have to countries in Asia, the Middle East and other Third World countries. How about countries with dictators? It wasn't that long ago that Russia and East Germany restricted the lives of every citizen in those countries. Do you think citizens of North Korea, Afghanistan or even Iran have the type of freedoms we do?
The purpose of this article is not to preach about how great our State or Country is. Rather, it's designed to show that our system of justice, our democratic beliefs and our sense of doing the right thing requires that wrongdoers fix the wrong they've committed. The shattered lives, the broken bones, the disabled victims demand compensation.
I have to share an observation I made the other day. (Just the other day...) I was reading a magazine and it had an ad. It was a full page ad. A photograph took up half the page. In the photograph was a young boy, maybe 10 or 11 years old. The boy was in a wheelchair. The boy's arms and legs were severely contracted leading to the conclusion that the boy suffered some type of spastic condition. Looking at the boy's face he appeared to have a blank look that simply stared into space. His mouth was twisted, and his body tilted to the side. His hair was beautifully combed.
The title of the ad said simply: "This is what the winner of a multi-million dollar verdict looks like."
The ad explained that this young boy was a passenger in his parents car when it was hit by a truck that went through a stop sign. The young boy was on his way to school that morning. As a result of that accident, that young child will never walk, never talk normally, never play sports, never know the kiss of a girl, never complete school, never be able to get a job, never learn the joys of exercise, never have friends, never have privacy to go to the bathroom, never know life's treasures- both big and small.
That young boy will know his caregivers; the three nurses that must attend to him 24 hours per day, seven days per week. He'll get to know his wheelchair- he'll be spending the rest of his waking life in it. He'll get to know his doctors really well, as he'll be a frequent visitor to their offices. If he's really lucky, he'll only have to go to the hospital for really bad infections and wound control. If he's unlucky, he's going to need half a dozen surgeries to fix the muscles and bones in his legs and pelvis.
So, how was his "wrong" righted? By awarding his family money to pay for his medical expenses. Money to pay for his caregivers. Money to pay to modify his house to accommodate a wheelchair. Money to pay for his health insurance premiums. Money for a specially modified van for his parents to drive him to the doctors, and around town. Money for physical rehabilitation. Money for a new wheelchair every five years.
Did you know that paralyzed people in wheelchairs get sores from sitting in the same place all the time? Those sores get bigger and bigger and tend to get infected often. The problem is that a normal person would feel the irritation, the rubbing and the pain from the sore. In a paralyzed victim, that person feels nothing and is unaware of any problem- usually until it's very severe.
Just looking at the photo in the ad, knowing what happened to the young boy created a strong sense of injustice. That injustice can never be fixed. No amount of money will ever turn that destroyed and broken child into the vibrant, happy-go-lucky kid he used to be. I'll bet if you ask his parents which they would rather have, millions of dollars, or a healthy young boy, what do you think the answer would be?
Injustice- righting a wrong. It's what we have to do.
Injustice - Righting a Wrong - NY Medical Malpractice Lawyer ExplainsX-Men Evolution: Season 2, Episode 15 Video Clips. Duration : 21.37 Mins.
GET ALL FOUR SEASONS ON ITUNES! X-Men: Evolution Season 1 itunes.apple.com X-Men: Evolution Season 2 itunes.apple.com X-Men: Evolution Season 3 itunes.apple.com X-Men: Evolution Season 4 itunes.apple.com A mentally unstable, but immensely powerful mutant called Wanda is abducted from a mental institution and becomes the newest Brotherhood member, much to the horror of her brother Pietro. The new Brotherhood defeats the X-Men single-handedly.
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Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.
Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. See Gerry's website at http://www.oginski-law.com Call him at 516-487-8207.
Is it malpractice if a doctor ignores an abnormal computerized EKG result?
Is it malpractice if a doctor fails to inform a patient that their MRI result is abnormal?
Is it a departure from good and accepted practice if a radiologist misreads a chest x-ray, that in hindsight shows a malignant mass that turns out to be lung cancer?
Is it wrong for a doctor to put surgical clips across the common bile duct when doing a laparoscopic gallbladder removal?
What do you think of a doctor who takes cash for a procedure, does a "half-baked" job, and refuses to return the money to the patient? Would it sound better if I told you the doctor gave up his license to practice, abandoned his patients, and now each of his patients with "sub-standard" treatment must get corrective treatment at the going rate, which is double or triple than what this doctor originally charged?
What about the case of a man who collapses at home, is rushed to the emergency room, has emergency surgery on his intestines and he comes out of surgery needing to have his hand amputated days later.
Maybe this one will catch your attention:
A woman goes into the hospital for a total knee replacement. The surgery goes well. In the recovery room a drain in the knee is attached to a tube for drainage. Unfortunately, the nurse who attached the drain tube attached it to an oxygen line instead of a suction line. Instead of fluid being pulled out of the knee space, air was being pumped INTO the knee. Since the knee was a closed space, the air blew into the space directly under the skin and muscles, travelled up her entire leg, inflating her leg like a balloon, then going up to her belly, causing her belly to become as large as a pregnant woman's. The doctors were eventually alerted to this inexplicable condition and rush the woman into the operating room where they had to perform emergency surgery to find out why her belly was inexplicably becoming larger and larger.
Immediately upon opening her belly, a huge amount of air was released- like a balloon that is quickly deflated. Turns out, there was nothing wrong with her belly. Working backwards, the doctors were able to figure out that the drainage tube had air going into her knee which then travelled up to her belly, causing her to look like a hot-air balloon. The failure to recognize the mistake led this woman to have emergency abdominal surgery--something that she did not need. Her anticipated hospital stay of one day turned into a week-long stay with complications following the belly surgery.
What about the man who had eye surgery to repair a drooping eyelid and came out of surgery being blind? Turns out that the eye surgeon cut his optic nerve during surgery, and only realized the horrible mistake a day later- too late to fix the problem. The man is now permanently blind.
What common recurring theme is found in each of these cases?
Carelessness by a doctor or nurse. Naturally, the doctors and nurses did not intentionally make these mistakes and errors, yet they occurred because of inattention and carelessness. Each of the cases discussed above are real cases that happened in New York. Each victim had a story to tell. Each injury was different and affected each person differently. When asked, every injured victim would rather have their health than have to resort to a medical malpractice lawsuit seeking compensation.
Thanks for becoming informed.
Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.
Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. See Gerry's website at oginski-law.com Call him at 516-487-8207.
www.oginski-law.com Have you ever talked to a doctor who has a chip on his shoulder? Have you ever went to visit an office where the doctor was condescending and looked at you? He (or she) is perhaps the best doctor, but something about this attitude disturbs us. In this video I explain the arrogance of a physician in a radio advertisement, which I recently heard. Watch video to find out what he said. If a lawyer were so arrogant in their advertising, not only everyone would turnfrom, but it would probably get him in trouble, too. Watch video to find out why. To learn more about how to work medical malpractice cases, inNew York, I encourage you to visit my website http If you have legal questions, I beg you to pick up the phone and call me because I can answer your legal questions on 516 -487-8207 or e-mail to lawmed10@yahoo.com. I look forward to your call. The Law Firm of Gerald Oginski, LLC 25 Great Neck Road, Ste. 4 Great Neck, NY 11021 516-487-8207 lawmed10@yahoo.com