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MONTH’S A few moments later, a Port Authority policeman arrived and my son
requested a mask to ventilate his lungs.
EDITION:
Together, the gate attendant and my son worked as a team to perform
MY SON SAVES A LIFE CPR on this cardiac arrest victim. If you’ve ever performed CPR it is
physically taxing. Your adrenaline is pumping and you’re focused on
AN OPEN LETTER TO reviving the patient.
PRESIDENT OBAMA
Chest compressions and ventilation continued for minutes until the pilot
of our plane and another Port Authority police officer arrived with an
automatic external defibrillator. Two large electrodes strips were placed
GERRY’S TRIVIA GAME on this man’s body and the defibrilator was activated.
THE LAW OFFICE OF GERALD M. OGINSKI, LLC 25 GREAT NECK RD., STE. 4, GREAT NECK, NY 11021 516-487-8207
INVESTOR
NEW
OGINSKI-LAW.COM
YORKNEWSLETTER
INJURY TIMES
ISSUE N°3
A NEWSLETTER BY NEW YORK ATTORNEY GERRY OGINSKI
AUGUST
FALL
MAY 2009
09’
In this case, after the shock had been My son is 17 years old and is a volunteer
administered, my son and the gate attendant firefighter with the Vigilant Fire Department
continued CPR until the automatic defibrilator here in Great Neck. Watching my son take
advised to momentarily stop so it could check control of this medical emergency and selflessly
for a heart rate. At this point, there was still no run to help this man in distress gave me the
heart rate or respirations. The defibrillator greatest feeling I could ever have as a parent.
again recommended shocking the patient, and All of his training with the fire department
after the patient was shocked for the second effortlessly kicked into gear and I’m proud to
time, the patient regained a pulse and say that my son helped save a life on July 4,
respirations. My son together with an EMS 2009, Independence Day.
attendant and the gate attendant turned the
patient onto his side in order to prevent him On the plane ride home to New York, my son
from inhaling any fluids into his lungs (known as told me this was his 5th time performing CPR.
aspiration), now that he was breathing again. Looking at him, I could see the sparkle in his
By this time, two other emergency medical eye knowing that he did something good for
crews arrived and took over where my son had someone else. Even though we were unaware of
left off. this man’s fate, I couldn’t help but think what a
great person my son turned out to be.
An Open Letter to President patient’s complaints of pain as being man could barely walk 10 feet
Obama “stress related.” Shortly after the without needing to stop and rest for
third visit to the cardiologist, this a few minutes. He needed a heart
Dear Mr. President, young man experienced severe transplant. However, this patient
crushing pain which radiated down was not a candidate for a heart
The New York Times reported his arm. transplant
(Obama Open to Reining in Medical He was taken by ambulance to his
Suits, June 15, 2009) that you were local emergency room where he was You recently met with the head of
considering reining in medical diagnosed as having a massive heart the American Medical Association
malpractice lawsuits. Although you attack. His community Hospital was and discussed the fact that
have expressed your opinion that unable to care for this patient, and physicians who stay within standard
you would not consider placing a he was transferred him to a tertiary practice guidelines should be
cap on jury awards, I’d like you to care center in Manhattan. This afforded some freedom from
read this letter before you give young man learned that 70% of his l i a b i l i t y. A s t h e A m e r i c a n
further thought to this potentially heart had died as a result of the Association of Justice has clearly
disastrous policy change. massive heart attack he suffered. pointed out, these standard practice
Because this patient’s heart no guidelines were created by
A few years ago I represented a
longer worked at the same capacity unregulated medical societies to be
young man, aged 34, who worked as
as it once did, all of the fluid would used primarily in a court of law in
a mortgage broker. One day here in
back up into his lungs and create a an attempt to debunk a plaintiff’s
New York he suffered chest pain
devastating condition known as expert argument that there were
and went to a local hospital for
severe pulmonary edema. In departures from good and accepted
evaluation. The physicians admitted
addition, this patient suffered kidney care leading to permanent injury.
him to the hospital for a few days to
damage because his kidneys could
do a cardiac workup. The patient
no longer filter fluids traveling I had the privilege of representing
was given a clean bill of health and
through his body. this young man in his quest for
told to follow up with a cardiologist compensation for the tragedy that
after being discharged. Over the He required pills to remove the befell him. Three independent
next three months this young and excess fluid that had built up in his medical experts who reviewed this
energetic young man continued to lungs. He became an insulin- patient’s records confirmed that
experience significant chest pain. dependent diabetic and was when this patient initially was
On each visit to the cardiologist, the constantly fatigued because of his evaluated in his local hospital, the
doctor performed a physical heart’s inability to provide oxygen stress test records were not properly
examination and shrugged off the throughout his bloodstream. This interpreted.
THE LAW OFFICE OF GERALD M. OGINSKI, LLC 25 GREAT NECK RD., STE. 4, GREAT NECK, NY 11021 516-487-8207
OGINSKI-LAW.COM A NEWSLETTER BY NEW YORK ATTORNEY GERRY OGINSKI
AUGUST 09’
Each medical expert confirmed that if bottom line is that a wrongdoer is still
this patient’s heart disease had been obligated to compensate the victim for
recognized at the time he presented their injuries.
with chest pain, he could have had an
elective heart bypass with an excellent Although we as attorneys recognize
that there is much enmity between the
chance of success. Had the blood flow
doctor’s arguments about the root
to this patient’s heart been timely cause of medical malpractice and the
restored before he suffered his massive trial lawyers arguments as to who is
heart attack, it would have prevented responsible for medical malpractice
the unnecessary death of the majority lawsuits, the fact remains that our
of his patient’s heart. system of civil Justice must reign
supreme in protecting the rights of
A s y o u k n o w, n o a m o u n t o f injured victims whether they reside in
compensation can alter a life-changing New York, California, Florida, or
permanent physical injury. However, anywhere else in this great country. I
our system of justice requires that the remain curious as to why more
injured victim be compensated not only physicians do not question their own
medical malpractice insurance
for their pain and the suffering they
companies about their investment
have been caused but also for the practices and the cyclical nature of the
economic damage they have suffered financial markets and how they
as a res ult of s omeone else’s influence the premiums that these
wrongdoing. companies charge for their physician
Injured victims who are prohibited members.
from recovering money to compensate
them for their injuries would be unable Rather than focus on the attorneys and
to pay their medical bills, recoup their their injured victims who bring cases in
lost earnings, and earn a living because their respective states or on the
of their ongoing disability or death. To standards of care that have been
afford protections to physicians in an created to protect physicians in
attempt to minimize lawsuits or courtrooms throughout the United
payouts, fails to recognize the States, let us look closely at the
significant disparity between the insurance companies and call them to
learned professional and the patient, task for their investment strategies and
and also fails to take into account that the need to recoup income in a down
the patient did nothing to cause or market.
contribute to their devastating injuries.
I thank you for the opportunity to
Limiting an injured victim from express my feelings in this letter and
seeking compensation fails to look at hope that these comments provide a
why we award compensation in the steppingstone for understanding that
first place. If we have a Picasso changing the way injured victims are
painting that is valued at $5 million compensated for medical malpractice
dollars and someone destroys it, that cases in the United States is not the
person is obligated to pay the value of solution.
that painting. The same is true for an
injured victim. The difficulty arises Very truly yours,
when a jury is asked to award money
for a victims’ pain and suffering. The Gerry Oginski
THE LAW OFFICE OF GERALD M. OGINSKI, LLC 25 GREAT NECK RD., STE. 4, GREAT NECK, NY 11021 516-487-8207
OGINSKI-LAW.COM A NEWSLETTER BY NEW YORK ATTORNEY GERRY OGINSKI
AUGUST 09’
I have always loved taking photographs. Since I bought my first digital camera in 2000, I currently have over
15,000 pictures stored (and backed up) on my computer. I love candid photos; pictures of my kids, my family and
places we’ve been. I really enjoy taking unusual photos. Close-up photos, known as macro shots are always fun.
Capturing that perfect moment when everyone is smiling just right takes lots of practice, and for every 100
pictures, I will get maybe two or three that are really worth printing. My wife says I don’t print all my pictures,
and she never sees them on the computer. She’s right. It’s impossible to print them all. Only the best ones get
printed. (The walls in my house are lined with framed photographs I’ve taken over the years. I am always looking
for more wall space for my pictures).
The pictures in this month’s newsletter include scenes from a trip into New York City while looking for an
apartment for my son; photos from a beach vacation; moments captured at my son’s graduation; and shared
moments between my oldest and youngest sons. With photos, these moments will never be forgotten. I hope you
enjoy them.
THE LAW OFFICE OF GERALD M. OGINSKI, LLC 25 GREAT NECK RD., STE. 4, GREAT NECK, NY 11021 516-487-8207
OGINSKI-LAW.COM A NEWSLETTER BY NEW YORK ATTORNEY GERRY OGINSKI
AUGUST 09’
THE LAW OFFICE OF GERALD M. OGINSKI, LLC 25 GREAT NECK RD., STE. 4, GREAT NECK, NY 11021 516-487-8207
OGINSKI-LAW.COM A NEWSLETTER BY NEW YORK ATTORNEY GERRY OGINSKI
AUGUST 09’
Naples, Florida
THE LAW OFFICE OF GERALD M. OGINSKI, LLC 25 GREAT NECK RD., STE. 4, GREAT NECK, NY 11021 516-487-8207
OGINSKI-LAW.COM A NEWSLETTER BY NEW YORK ATTORNEY GERRY OGINSKI
AUGUST 09’
R E F E R R A L S - SEND A BOOK!
If you know someone who would benefit from learning how medical malpractice lawsuits in New York work, just send
me an email and I’ll gladly email my book DOCTORS GONE WILD to them or mail them a hard copy with a note
letting them know that you were thinking of them. You can reach me by email at lawmed10@yahoo.com. They’ll thank
you for your thoughtfulness and so will I.
THE LAW OFFICE OF GERALD M. OGINSKI, LLC 25 GREAT NECK RD., STE. 4, GREAT NECK, NY 11021 516-487-8207
OGINSKI-LAW.COM A NEWSLETTER BY NEW YORK ATTORNEY GERRY OGINSKI
AUGUST 09’
N E W YO R K I NJURY TIMES
The Law Office of Gerald M. Oginski, LLC
25 Great Neck Road, Suite 4
Great Neck, N.Y. 11021
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