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Gerald Oginski

Kramer Dillof Livingston & Moore

Medical MalpracticePersonal Injury
Great Neck, New York37 years(516) 487-8207
Experience
37 years
Consultation
Free consultation
Bar State
New York
Contingency
Available
Languages
English
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About

Gerry has been in practice since 1988. He helps injured patients and accident victims obtain money as a form of compensation for all your injuries caused by someone else's carelessness. He was one of the first lawyers in the country to use video to teach and educate consumers how lawsuits work in New York. Currently, Gerry has over 2400 educational videos on YouTube to help consumers understand how these cases work. Take a look...https://www.youtube.com/user/lawmed1/featured Also, see why thousands of people stop by Gerry's educational website to learn more about these life-altering cases...http://Oginski-Law.com Get your free copy of Gerry's books... (1) Secrets of a NY Medical Malpractice Attorney, (2) Doctors Gone Wild, (3) Beyond the E.R. Doors and (4) In Case of Death Here's the link to get your free copy right now...http://www.oginski-law.com/reports/ To learn a remarkable true story about how Gerry became interested in medical malpractice law, you are encouraged to read this article...http://www.oginski-law.com/ If your matter happened here in NY and you have not yet started a lawsuit and have questions about whether you may have a valid case, you're invited to call Gerry at 516-487-8207. He'd love to chat with you. 516-487-8207.

Location

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35 South Drive, Great Neck, New York, 11021, United StatesGreat Neck, New York, 11021

Admissions

1
New YorkSince 1989

Education

1
Jacob D FuchsbergJ.D (1988)

Professional Details

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Attorney
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Associations

New York State Trial Lawyer's AssociationMember
Brooklyn Bar AssociationMember
Queens County Bar AssociationMember
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Fees

Free Consultation
Contingent Fees As a medical malpractice and personal injury attorney in New York, I only receive a fee if I am successful in obtaining compensation for you.

Videos

38
ANOTHER HUNG JURY! Judge Tries to Get Parties to Settle; NY Medical Malpractice Attorney ExplainsANOTHER HUNG JURY! Judge Tries to Get Parties to Settle NY Medical Malpractice Attorney Gerry Oginski Explains http://www.oginski-law.com/library/the-lawyer-s-website-says-he-got-a-big-verdict-how-much-did-the-client-actually-walk-away-with.cfm 516-487-8207 Email: Gerry@Oginski-Law.com The jury can't come to a decision. They are deadlocked. They have been at it for more than three days. They have come back to the judge multiple times telling them that they cannot reach a consensus and a conclusion. The judge sees the writing on the wall. He knows he will likely have to send the jury home without any result. He knows that the entire trial will have been a waste of time, energy and resources for everyone involved including the court. As one last-ditch effort to try and resolve this matter, he calls the two attorneys into his chambers to let them know what he is thinking. The attorneys are well aware of the jury's frustration. They are also well aware of what it means if the judge sends the jury home and declares a mistrial. Nobody wants to have to retry this case. Knowing that, the judge tries to get negotiations started to see if there is any way to settle this matter before he sends the jury home. Obviously, after years of litigation and after going through an entire trial, the parties have been unable to reach an agreement amongst themselves. Not surprisingly, the jury is unable to reach a decision as well. If the attorneys are unwilling or unable to enter into settlement negotiations, then the judge will have no choice but to direct a new trial with a new jury to take place immediately. If that occurs, that means bringing back all of the witnesses and experts and going through the same lengthy trial that just concluded. That's why you will sometimes see a judge try to jumpstart settlement negotiations in an effort to resolve this matter without the need for a brand-new trial. Watch the video to learn more... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ?http://www.oginski-law.com/library/the-lawyer-s-website-says-he-got-a-big-verdict-how-much-did-the-client-actually-walk-away-with.cfm?. If you have legal questions and your matter happened here in New York and you're thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 67 Cutter Mill Road Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.comJudge Yells "ORDER IN THE COURT!" NY Medical Malpractice Attorney Gerry Oginski ExplainsJudge Yells "ORDER IN THE COURT!" NY Medical Malpractice Attorney Gerry Oginski Explains http://www.oginski-law.com/library/judge-takes-over-questioning-during-cross-examination-of-a-key-witness.cfm 516-487-8207 Email: Gerry@Oginski-Law.com A man in the back of the courtroom yells back "I'll have a tunafish sandwich on rye with a Snapple iced tea!" The judge doesn't find this funny. The judge is NOT asking for lunch orders in the courtroom when he bangs his gavel. The judge is not requesting that his court officer take orders. Kidding aside, is there ever a time when the court officer will take lunch orders for the case on trial? The answer is yes. He will. When the jury goes to deliberate. When the jury goes into their room to decide if the injured victim and his attorney have shown that they are more likely right than wrong that what they are claiming is true. It's after closing remarks have been made. It's after the judge has given the jury legal instructions. It's when the jury begins to deliberate on who is entitled to a verdict in their favor. The court officer will ask the jurors for their lunch orders. This will happen each day they are still deliberating. Watch the video to learn more... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/judge-takes-over-questioning-during-cross-examination-of-a-key-witness.cfm?. If you have legal questions and your matter happened here in New York and you're thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 67 Cutter Mill Road Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.comHow to Steal Defense's Thunder at Trial- NY Medical Malpractice Attorney Gerry Oginski ExplainsYour Secret is Coming Out- What Can We Do to Minimize Impact on Jury? NY Medical Malpractice Attorney Gerry Oginski Explains http://www.oginski-law.com/library/trial-strategy-can-you-ask-for-money-during-open-arguments-.cfm 516-487-8207 Email: Gerry@Oginski-Law.com There's something bad in your history. Really bad. You did something you're ashamed of. You paid a big price for it. Maybe you paid with your freedom. Maybe you paid with money. Maybe you did something horrible. You are not proud of what you did. But it was many, many years ago. You admitted it during pretrial questioning. You didn't hide it. You knew the defense would find out about it. You know it has nothing to do with your current injury case. You've brought a lawsuit against your doctor. You believe he violated the basic standards of medical care. You believe he caused you permanent harm. You also know that if the jury learns of what you did in the past they will hold it against you. They will think you're a monster. It may destroy your credibility and what the jury thinks of your claims in this case. But... There's a way to steal the defense's thunder. There's a way to minimize the impact this will have on the jury. There's a way to show the jury that what you did in the past has absolutely nothing to do with your current legal problem. Watch the video to learn more... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/trial-strategy-can-you-ask-for-money-during-open-arguments-.cfm?. If you have legal questions and your matter happened here in New York and you're thinking about bringing a lawsuit, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 67 Cutter Mill Road Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.comJury Catches You in a Lie- How to Minimize Effect at Trial; NY Medical Malpractice Attorney ExplainsJury Catches You in a Lie- How to Minimize Effect at Trial NY Medical Malpractice Attorney Gerry Oginski Explains http://www.oginski-law.com/blog/how-faxed-medical-records-allowed-me-to-prove-doctor-was-lying.cfm 516-487-8207 Email: Gerry@Oginski-Law.com It's inevitable. You said something a few years earlier. In your pre-trial testimony. It was under oath. Now, at trial in your accident case or your medical malpractice case or even your wrongful death case, you say something on the witness stand that you think makes sense. The defense attorney realizes immediately that it's wrong. He realizes your mistake. He calls you out on it. He shows that your testimony at trial is different than years earlier. He wants to show that you lied. He wants to show that you were not truthful. The defense lawyer will jump on this opportunity. What can we do to minimize the effect of this inconsistency? Do we ignore it? Do we attack it? Do we hope it will go away quietly? Do we confront your inconsistency head on? Watch the video to learn more... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how accident & medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/blog/how-faxed-medical-records-allowed-me-to-prove-doctor-was-lying.cfm?. If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 67 Cutter Mill Road Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.comCan I Thank Judge if He Rules in my Favor? NY Medical Malpractice Attorney Gerry Oginski ExplainsCan I Thank the Judge if He Rules in my Favor at Trial? NY Medical Malpractice Attorney Gerry Oginski Explains http://www.oginski-law.com/faqs/what-happens-if-a-judge-gives-the-wrong-legal-instructions-to-the-jury-at-the-end-of-a-medical-m.cfm 516-487-8207 Email: Gerry@Oginski-Law.com I have seen it happen. An attorney makes an objection and the judge agrees with the attorney. The lawyer then thanks the judge for his ruling. Is that appropriate? Imagine if every time the judge made a ruling, the attorney who won that objection thanks the judge each time, it would sound ridiculous. It would sound as if the judge is favoring one side and the lawyer is profusely thanking the judge for his ruling. The trial judge makes rulings of law on whether or not questions and evidence are appropriate. It is not appropriate for an attorney to thank the judge for a favorable ruling. Likewise, it is not appropriate for the attorney who is on the losing side of the judge's ruling to whine and complain. I should tell you that I have seen that too. In a number of cases I have tried, the defense attorney has consistently whined and complained when the judge ruled against him in a number of evidence related objections. I remember very specifically a well-known defense lawyer yelled out in a whining tone, “C'mon judge, I ask you to reconsider. That really makes absolutely no sense. C'mon!” Listening to that in the courtroom was like a 10-year-old whining and complaining to a parent who says no to ice cream before dinner. It was pathetic. Thankfully, the judge saw right through it and remained steadfast in his ruling. The judge is not there to be thanked for his ruling one way or the other. The judge is supposed to be impartial and make his rulings based upon the rule of law. If lawyers were permitted to thank the judge every time he ruled in their favor, it would be like a ping-pong match with the ball going back and forth constantly. “Thank you Judge,” the plaintiff's attorney says. 2 minutes later an objection is raised, the judge rules and now the defense attorney yells out “Thank you so much for that ruling judge, I do appreciate it.” Imagine this going on throughout the entire trial. That would be nuts. Watch the video to learn more... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website,http://www.oginski-law.com/faqs/what-happens-if-a-judge-gives-the-wrong-legal-instructions-to-the-jury-at-the-end-of-a-medical-m.cfm?. If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 67 Cutter Mill Road Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.com"Judge, I can't find my next witness!" NY Medical Malpractice Attorney Gerry Oginski Explains"Call your next witness," the Judge says to me. "Judge, I can't find my next witness!" NY Medical Malpractice Attorney Gerry Oginski Explains http://www.oginski-law.com/library/trial-strategy-can-you-ask-for-money-during-open-arguments-.cfm 516-487-8207 Email: Gerry@Oginski-Law.com It's not like he was there one second and now he's gone. It's not like he just up and disappeared. He promised to be in court. He said he'd be there. We were counting on him to testify. We had him scheduled for two weeks already. He knew where the courthouse was. He knew what time to get there. But he's nowhere to be found. He's not answering his cell phone. Calls to his house go to his voicemail. He's not answering his texts. WHERE IS HE? We need him to testify. He has important information for the jury. His testimony will make a difference in the outcome. What happens if I can't locate my next witness? Will the judge force me to call my next witness? Will the judge extend some courtesy to see if maybe he's stuck in traffic? What if I subpoenaed the witness to come into court and he ignores the subpoena? Watch the video to learn more... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/trial-strategy-can-you-ask-for-money-during-open-arguments-.cfm. If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 67 Cutter Mill Road Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.comExpert Breaks Down on Cross-Examination; NY Medical Malpractice Attorney Gerry Oginski ExplainsHow Often Does an Opposing Medical Expert Break Down During Cross-Examination? NY Medical Malpractice Attorney Gerry Oginski Explains http://www.oginski-law.com/library/trial-strategy--cross-examination-of-a-medical-expert-using-hypothetical-questions-at-trial.cfm 516-487-8207 Email: Gerry@Oginski-Law.com It happens in the movies all the time. It happens in TV dramas all the time. The key witness in the case is subject to a withering and brutal cross-examination. By the time cross examination is over, the witness has broken down in tears and is quivering like Jell-O. In the movies and on TV, the key witness admits what the other side has been claiming all along. It makes for a great movie. It's a high point. It is often the pivotal point in the movie. Just look at the movie "A Few Good Men" with Tom Cruise and Jack Nicholson. Look at the movie "The Verdict" with Paul Newman when he is cross-examining a nurse who has been kept in hiding by the defense. It would be natural to assume that this is what really happens in a car accident trial or a medical malpractice trial or even a wrongful death trial here in New York. The reality is that it doesn't happen that way. In fact, it is the rare exception were the key witness breaks down and admits everything that we are claiming is true. It is a rare witness who gives in, throws her hands up and cries uncle after a brutal cross-examination. In real life, cross examination is a search for the truth. It is often contentious. It is often antagonistic. It is always adversarial. However, rarely do you ever see the opposing witness acknowledge and admit to everything we are claiming is true. Watch the video to learn more... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/trial-strategy--cross-examination-of-a-medical-expert-using-hypothetical-questions-at-trial.cfm. If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 25 Great Neck Road, Ste. 4 Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.com"Objection Judge! He's Badgering My Witness!" NY Medical Malpractice Attorney Oginski Explains"Objection Judge! He's Badgering My Witness!" NY Medical Malpractice Attorney Gerry Oginski Explains http://www.oginski-law.com/library/cross-examination-strategies-in-ny-civil-lawsuits.cfm 516-487-8207 Email: Gerry@Oginski-Law.com Imagine this visual...a lawyer, cross examining a witness, holding a badger in his hand and literally hitting the witness over the head with a live badger. I don't think the badger would appreciate it. I don't think the witness would appreciate it either. The reality is that when an attorney jumps up and objects and says “Judge, he's badgering the witness,” it doesn't really mean that he's physically using a live badger and hitting the witness over his head. It might be nice to imagine that if you take these words literally. The reality is that this objection arises when one attorney is being overly aggressive and often obnoxious. This objection comes up when an attorney takes a very hostile approach to a witness. It could be a medical witness. It could be an expert. It could be one of the litigants. There also might be multiple reasons or strategies why the attorney has taken this approach. In some instances, the defense witness might intentionally push the attorney's buttons to get him riled up. Keep in mind that cross examination does not mean angry questioning. Many people are extremely surprised to learn that you can cross-examine a witness without yelling and screaming. You can cross-examine a witness without getting into verbal sparring or a verbal altercation. The reason why so many people are surprised to learn this is because they have been so programmed to expect hostile confrontation from the movies and from dramas on TV. While those make exciting shows culminating in a tipping point that occurs during cross examination, the reality is that it rarely occurs in real life. There are plenty of attorneys who believe that they must be overly aggressive and nasty and obnoxious to an opposing witness who is testifying. If the defense attorney feels that the plaintiff's attorney is pushing it too far he has a legal obligation to stand up and object and say “Objection Judge, he's badgering the witness!” The judge will then have to make an instant decision about whether he agrees or disagrees with the defense attorney's objection. Watch the video to learn more... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, ?http://www.oginski-law.com/library/cross-examination-strategies-in-ny-civil-lawsuits.cfm?. If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 25 Great Neck Road, Ste. 4 Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.comObjection Judge! He's Leading the Witness! NY Medical Malpractice Attorney Gerry Oginski ExplainsObjection Judge! He's Leading the Witness! NY Medical Malpractice Attorney Gerry Oginski Explains http://www.oginski-law.com/video/-objection-judge--that-question-assumes-facts-not-in-evidence--.cfm NY Medical Malpractice & Personal Injury Trial Lawyer 516-487-8207 Email: Gerry@Oginski-Law.com At trial in New York, when asking our medical expert questions, did you know that I am permitted to ask leading questions...for certain matters. It's true. When I put a witness on the witness stand to support our claim for medical malpractice, I am typically supposed to ask open-ended questions. This allows a witness to explain, in his own words, what happened. If instead, I only ask leading questions, then I am literally putting words into the witness' mouth. All the witness then has to do is agree or disagree. However, when I am questioning a medical expert who is supporting our case, in an effort to move the questioning along at a faster pace, I am permitted the opportunity to ask my doctor leading questions. I can do this to establish his credentials and his background. Often the defense attorney will stand up and yell "Objection judge! He's leading the witness." That's true. I am. So that the jury can quickly recognize that my expert has significant credentials, knowledge and expertise. Then I need to change tactics and ask the doctor open-ended questions like "Who, what, where, when, why and how." "Doctor, please explain..." "Tell us more doctor..." "Why do you say that?" "What conclusions have you drawn as a result of reviewing these medical records?" Watch the video to learn more... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how objections work in medical malpractice cases here in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/video/-objection-judge--that-question-assumes-facts-not-in-evidence--.cfm?. If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 25 Great Neck Road, Ste. 4 Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.com