actually, if a doctor treats you like a good friend or a family, he most likely would not put you in such situation.
@NYMedicalMalpractice7 сағат бұрын
Interesting.
@pl3045Күн бұрын
blame shifting does not only occur in medical malpractice, but it also happens in all civil cases...
@NYMedicalMalpractice7 сағат бұрын
Very true.
@jackheltzel2804Күн бұрын
I very much enjoy " the answer"
@NYMedicalMalpracticeКүн бұрын
Thank you.
@weiqiu33702 күн бұрын
The video reminds me that the lawyer who took my deposition changed his attitude to his needs accordingly. I do not take any of his attitude, no matter nice or mean. Thanks to your video that I could feel how he could use the question that I did not give the answer he could use against me. God just blessed me for the resource here. Thank you, Lawyer Oginski. I love you.
@NYMedicalMalpracticeКүн бұрын
Glad to hear that.
@weiqiu33702 күн бұрын
Watch out.
@NYMedicalMalpracticeКүн бұрын
Ok
@22jaydogg2 күн бұрын
Very well said sir! And glad to see you back here in Florida!😃
@NYMedicalMalpractice2 күн бұрын
Thank you.
@lawnmowermandavid2 күн бұрын
Just participated in a almost 6 hour deposition me being the plaintiff in med mal litigation all the folks at this deposition got along great, respectable towards each other made the whole process not so bad as I was sitting in the hot seat at my attorney's office I was thinking the same thing when trial comes around in 2 months. keep the content coming enjoy every bit of it thank you
@NYMedicalMalpractice2 күн бұрын
You’re welcome.
@_Breakdown2 күн бұрын
Depends on the client, and, the egregiousness of the harm. Also, the opposition’s strategy can be to get you to lower your guard, and, to make you think they’re feeble (when they ain’t). But…the world would be better if everyone conducted themselves w kindness. Great scenery Mr. O.
@NYMedicalMalpractice2 күн бұрын
Great points, and thank you.
@_Breakdown2 күн бұрын
@ sure - great channel 👍🏼
@mikerichards84002 күн бұрын
Attorney Oginsky, we are grateful to know that some defense attorneys are courteous and true professionals! Brilliant presentation that we needed to hear. We appreciate you.
@NYMedicalMalpractice2 күн бұрын
Thank you, Mike.
@perronechris982 күн бұрын
Make no mistake about it. This attorney will still stick up for his client.
@NYMedicalMalpractice2 күн бұрын
Indeed he will.
@capricris76722 күн бұрын
Happy New Year 🎉 🎊 😊
@NYMedicalMalpractice2 күн бұрын
Happy new year
@bigruss43315 күн бұрын
So a person on the defense side disposed doesn't have the legal right to not answer? They have to or be thrown in jail I guess.
@NYMedicalMalpractice5 күн бұрын
That does not apply in a civil case.
@edl57316 күн бұрын
Rather than not give them a settlement demand simply reply with the policy limit? You know that is the max you are getting and sends a similar message. Plus it is NEVER in the defenses counsel's interest to settle (they bill hourly) even if it is in the defendant's best interest. Give them a demand that they must bring to the client and if it is refused and you if what you win is more than the demand added to the legal fees the defense atty now has an upset client for not settling. A settlement of equal value is always a better outcome than a win a trial, it is faster and doesn't get appealed. Also if you have a defendant that is interested in keeping things quiet the defendant might be willing to fork over more money for a non-discloser than the injury is actually worth. It is always worth pursuing a settlement. It is not always worth settling but it is always worth discussing. There are valueable chips each side has before trial that disappear once the you go to trial -- legal expanses, medical privacy, non-disclosure, finality (not appealable,) ease of collections, etc
@NYMedicalMalpractice6 күн бұрын
You raise valid points.
@meridomo26776 күн бұрын
Gerry” Got The Story😂
@NYMedicalMalpractice6 күн бұрын
Awesome 👏
@yahuchanon677 күн бұрын
Algorithm must be working again. The tube is actually suggesting new creators ive not seen before, but are excellent in the craft. A few are multimillion subcriber channels, but many are sub 100k subscriber channels with equal or near equal production quality🎉🎉
@yahuchanon677 күн бұрын
Minimal cuts while walking and talking. Definitely want this guy on your side in front of Judge or jury
@NYMedicalMalpractice6 күн бұрын
Sounds good.
@FrankKunkel7 күн бұрын
If it is a Jab deal I would want all the info to come out in court for EVERYONE to hear.
@NYMedicalMalpractice7 күн бұрын
Interesting.
@jackheltzel28047 күн бұрын
I was admitted with a boil causing sepais. I was discharged, with oral antibiotics after 4 days. After admission conservative management was recommended. C reactive protein was 9.42. No cardiac tests wre ordered 10 days later, I came in via ambulance from syncope. The found bacterial endocarditis.
@NYMedicalMalpractice7 күн бұрын
I’m sorry to hear that.
@lostinawareness79798 күн бұрын
I get your point but it still doesn't hurt to put in a demand for more than what your client will take. The counteroffer could be exactly what the client wants and then you save them years of litigation.
@NYMedicalMalpractice8 күн бұрын
@@lostinawareness7979 you raise a good point.
@walkingdeadlands8 күн бұрын
Do you find that since the pandemic, jurors are more open and receptive to the idea that the doctors are indeed wrong in these cases then prior to the pandemic ?
@NYMedicalMalpractice8 күн бұрын
No
@weiqiu33708 күн бұрын
I guess you have a good case.
@NYMedicalMalpractice8 күн бұрын
Thank you.
@mikerichards84009 күн бұрын
Attorney Oginsky, we appreciate the information you provide on this video. Great question and an outstanding answer. We appreciate your legal expertise!
@NYMedicalMalpractice8 күн бұрын
Thank you.
@xtrordinary19 күн бұрын
The truth is, injury happens all the time and most people don't know what injury is
@NYMedicalMalpractice8 күн бұрын
Interesting
@xtrordinary19 күн бұрын
excellent info, there are so many twists and turns by the opposing party especially for those of us who come pro per
@NYMedicalMalpractice8 күн бұрын
Thank you.
@christophercarrigg377510 күн бұрын
This is a huge part of what's wrong with our medical system. Vultures like these
@NYMedicalMalpractice10 күн бұрын
Interesting. I’m sure you’re just as concerned with the injured patient who did nothing to cause or contribute to the injuries they suffered. I’m also sure you’re concerned that none of these physicians will voluntarily compensate this injured patient for all of the harms, losses and damages they suffered. Not to mention that I am sure you’re concerned with those doctors who violated the basic standards of good medical practice causing these injuries. Your concerns are duly noted.
@christhos.ryther338610 күн бұрын
Why is this in my feed? Kinda a long-winded ad for a planiff's lawyer. Where's your hammer? Also, four docs agreeing on something is astounding. Sounds like a consensus and not negligence. The problem may be the medical science involved, not the individuals.
@NYMedicalMalpractice10 күн бұрын
No idea. Don’t know about any hammer 🔨
@christhos.ryther33869 күн бұрын
@NYMedicalMalpractice It is unethical to advertise for alcohol, pharmaceuticals, or attorneys. I understand that those who shake down doctors do so in a more dignified manner than the following: kzbin.info/www/bejne/gYuvdmSiZ7Skicksi=MyNA02vpWpUawrIb
@NYMedicalMalpractice9 күн бұрын
@@christhos.ryther3386 I disagree. According to the United States Supreme Court, it is not improper for attorneys to advertise.
@christhos.ryther33867 күн бұрын
@NYMedicalMalpractice Legal is not necessarily ethical. Possibly one of you intellectual and moral blind spots.
@joeb698611 күн бұрын
Sounding like hebrew was your first language.
@NYMedicalMalpractice10 күн бұрын
Very interesting observation. It was my second language.
@thevet200911 күн бұрын
A doctor headhunter…main reason malpractice insurance is high and a big part of why doctor fees are high.
@AnAZPatriot10 күн бұрын
On the other side of the coin...if doctors didn't maim or kill people thru negligence, then they wouldn't need to use their insurance, and it would be cheap. Same reason why your car insurance isn't as cheap. People do dumb things and crash cars...insurance goes up for everyone.
@thevet200910 күн бұрын
@@AnAZPatriot While it's true that negligence and errors contribute to the costs of medical malpractice insurance, the issue is far more complex than a simple comparison to car insurance. Medical malpractice insurance rates are not solely driven by the mistakes of individual doctors. They are also influenced by broader systemic issues, including the high costs of litigation, the unpredictability of jury awards in malpractice cases, and the structure of the healthcare system itself. Many lawsuits are filed even in cases where no negligence occurred, leading to defensive medicine-doctors ordering unnecessary tests or procedures to avoid potential liability-which further inflates healthcare costs. Unlike car accidents, where "dumb things" might be easily preventable, medicine is inherently a high-risk field where outcomes are not always within a doctor's control. Even with the highest standards of care, complications and adverse outcomes can occur due to factors like the patient's health condition, the complexity of a procedure, or the limitations of medical science.
@NYMedicalMalpractice10 күн бұрын
I totally disagree. I speak for the injured and those unable to speak for themselves.
@thevet20099 күн бұрын
@@NYMedicalMalpractice I guess we all have to find ways of making money for a living.
@christhos.ryther33869 күн бұрын
@thevet2009 @nymedicalmalpractice If you have ever attended a hospital morbidly and mortality conference, then you know that lawsuits only address a small fraction of medical errors, which are a leading cause of death in the USA. Litigious attorneys tend to enrich themselves first without improving the quality of care. Expensive defensive medicine and increased administrative costs, including insurance rates, are the result.
@weiqiu337013 күн бұрын
Dear Lawyer Oginski, I would like you to know I appealed a case to the U.S. Supreme Court, and my petition reached the Justices. It is said most cases cannot reach the Justices. I did a pretty good job. I failed to get a writ. I guess it was because the case was about corruption, not a legal issue.
@NYMedicalMalpractice12 күн бұрын
Wow.
@weiqiu337013 күн бұрын
Merry Christmas Lawyer Oginski, and happy New Year. A lot of thanks to you. Thank you so much for I can fight like a lawyer.
@NYMedicalMalpractice12 күн бұрын
Happy holidays!
@CarveLife13 күн бұрын
Did you win?
@NYMedicalMalpractice13 күн бұрын
Yes.
@bkriser13 күн бұрын
Well, do you win the case at trail? Lol
@NYMedicalMalpractice13 күн бұрын
Yes.
@weiqiu337014 күн бұрын
So, after settlement with Dr. 1+2, you continue the case with Dr. 3+4. It doesn't sound very complicated. You already had half win. Good luck with the other half
@NYMedicalMalpractice13 күн бұрын
Thank you.
@ThePlaton2014 күн бұрын
What happens if I tell the defense attorney to go to hell because I refuse to answer his questions? Is the police going to arrest me?
@NYMedicalMalpractice13 күн бұрын
That would be very bad if you were bringing a medical malpractice case, an accident case or wrongful death case in NY. That means the defense would go to the judge, and you likely would be precluded, or prevented from giving different answers at the time of trial. The big problem is that you have to prove your case, and you cannot do that if you don’t answer the defense’s questions during your pre-trial deposition.
@22jaydogg14 күн бұрын
Back in newyork ! Huh for the holidays!
@NYMedicalMalpractice13 күн бұрын
Indeed.
@22jaydogg13 күн бұрын
@ cool
@mikerichards840014 күн бұрын
Attorney Oginsky, we thank you for a terrific discussion in this video. Great details and great questions. You have helped us. Thank you!
@NYMedicalMalpractice13 күн бұрын
You're welcome.
@perronechris9814 күн бұрын
In a situation like this. If you came to a agreement with doctor 1 2 and 4 but not 3. Could you go to trial against only doctor 3? Even if that's not what happend is that possible?
@NYMedicalMalpractice13 күн бұрын
Yes it is. But then doctor #3 will base their entire defense on the other doctors who are no longer part of the lawsuit.
@perronechris9813 күн бұрын
@NYMedicalMalpractice I would have to imagine that would create a whole new set of challenges for you to overcome.
@NYMedicalMalpractice12 күн бұрын
@@perronechris98 Very true.
@Kronos2178214 күн бұрын
I imagine this is similar in most states. Here in IL doctors hate to give out records, and they really question the patient. My previous family doctor gave me a difficult time. They were like we will send a copy to your new family doctor electronically for free. They wanted almost $100 for a physical copy. I could see $25 to $30.
@NYMedicalMalpractice14 күн бұрын
Indeed.
@ThePlaton2017 күн бұрын
What if I just say "I dont know" to everything? "I dont know" what my name is. "I dont know" what my job title is, etc
@NYMedicalMalpractice16 күн бұрын
That would not be realistic or credible.
@ThePlaton2017 күн бұрын
How much does it cost to run a deposition for a med mal case? Can the med mal lawyer file a lawsuit BEFORE hiring the expert witness? Is the expert witness required to be part of a deposition, or can the plaintiff lawyer wait until trial to put the expert on?
@NYMedicalMalpractice16 күн бұрын
Many thousands. No. No.
@thomasbullins17 күн бұрын
I know its a longshot ; but , do you still practice? I think I might have a case -- After laparoscopic gall bladder surgery ; I got pancreatitis after having a stent placed in my bile duct and I've also had part of my pancreas and my spleen removed and got diabetes requiring insulin ---
@NYMedicalMalpractice16 күн бұрын
I certainly do. Where did the wrongdoing occur and when?
@thomasbullins16 күн бұрын
@NYMedicalMalpractice North Carolina -- April 2022 Gall bladder removal Or do I need a NC attorney?
@NYMedicalMalpractice14 күн бұрын
@@thomasbullins You need a NC attorney.
@weiqiu337018 күн бұрын
It sounds you have a good case.
@NYMedicalMalpractice17 күн бұрын
Thank you
@weiqiu337018 күн бұрын
Were you expecting the other side to offer a number?
@NYMedicalMalpractice17 күн бұрын
Not without a demand.
@jank35818 күн бұрын
What about the Stower's Demand Letter law? In Texas, if you send a Demand Letter for a reasonable amount and the insurance company refuses to settle, then if a jury rules for the plaintiff for an amount above the policy limit, then insurance co. must pay that amount because they refused to settle before court. I think Stower's Law is federal.
@NYMedicalMalpractice17 күн бұрын
Never heard of that. I only practice law in New York and don’t know about the letter you described.
@perronechris9818 күн бұрын
If you come to the conclusion not to make a demand on the principal of 1- your client wants to let a jury put a value on the case and 2 it's so high you don't believe the defense would want to talk based on the demand. I think it is logical to assume your client would be briefed on the risks of trial even before you tell the defense you won't make a demand.
@NYMedicalMalpractice17 күн бұрын
You are correct.
@montycrockett451118 күн бұрын
what if you sign without prejudice UCC 1-308 ?
@NYMedicalMalpractice17 күн бұрын
Does not happen in New York State courts.
@charlesvandenburgh775418 күн бұрын
If the defendant is carrying only a policy up to a certain amount, wouldn't the insurance company just pay that amount and be done with it? The burden would be your responsibility to collect, from the defendant, anything above the policy. What if he has no assets to place a lien against?
@NYMedicalMalpractice18 күн бұрын
No, yes and can’t answer the last question in this short format.
@mikerichards840018 күн бұрын
Attorney Oginsky, we thank you for a brilliant analysis. We needed to hear the facts that you have presented to us.
@NYMedicalMalpractice17 күн бұрын
You’re welcome.
@elizabethcantu912821 күн бұрын
Gracias
@NYMedicalMalpractice20 күн бұрын
De nada
@merl-bz1bx22 күн бұрын
Council, if I fell down some rickety stairs, do I need cameras or witness to have a verdict in a lawsuit? I had a neck fusion and several feet surgeries. A man did come outside after I fell and saw me laying on the ground from the fall. thank you
@NYMedicalMalpractice22 күн бұрын
@@merl-bz1bx i’m sorry to learn of your troubles. I would need many more details in order to give you an educated answer.
@merl-bz1bx4 күн бұрын
@@NYMedicalMalpractice Ive hired a new attorney... My other attorney went on his own with his own practice. Gave me a way out after the case was first filed wrong and needed to be refiled a year later under the right category. nightmares
@NYMedicalMalpractice4 күн бұрын
@@merl-bz1bx Good luck in your journey.
@zarakhan782022 күн бұрын
My medical negligence and lack of duty of care has definitely caused trauma. I wax told last December I had lung cancer I had the lung removed in February by March they had realised they had got it wrong.... but from the day I got home from the hospital full of drugs and a big wound that needed changing and dressing no body came. I was then told I had TB I took the tb medication.... found out I never had TB. THE hospital has absolutely ruined my life , My trust and my confidence. I wouldn't call 999 in emergency . I'm traumatised. And they need to be held accountable.
@NYMedicalMalpractice22 күн бұрын
@@zarakhan7820 I’m sorry to learn about your troubles.