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Friday, November 21, 2008
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Friday, November 21, 2008
Why Wont You Take My Small Medical Malpractice Case?By: Gerry Oginski
1. Brenda D'Client comes into my office with many problems.
"My doctor did my plastic surgery wrong. I can see my scar. See, look close, it's a line right below my belly. He promised me I wouldn't have any scars."
"I was given the wrong medication by the pharmacy and I have bruising all over my body."
"I had a terrible reaction to the anesthesia and now have to get follow-up treatment including a blood patch, and medications."
2. Each of these scenarios represent someone who strongly believes that they have been wronged by a doctor, pharmacy or hospital.
Unfortunately for each of them, they don't have all of the required elements needed to bring a successful malpractice case in New York.
In a malpractice action, I have to prove not only that there was wrondoing, but the wrongdoing has to have caused injury, and the injury has to have been significant and/or permanent. If any one of those aspects are missing, there's no case. Oh yes, all of those three elements must be confirmed by a medical expert, before I can go ahead and start a lawsuit for you in the State of New York.
3. So, why are these cases too small for most New York Medical Malpractice attorneys?
In the first scenario, Brenda's injuries are minimal. It becomes financially impossible to bring a lawsuit for someone where the injuries are so small as to be virtually unoticeable to the average person.
In the second scenario, Brenda appears to have been injured by the pharmacy's dispensing the wrong medicine. But in this case, the damages are limited, and Brenda is expected to make a full recovery shortly. Again, it becomes financially impossible to bring a malpractice/negligence lawsuit where the injuries are temporary (such as bruising).
In the third scenario, Brenda experienced a well-known side effect of anesthesia. For her, there's no malpractice here. There was no way to prevent this condition from occurring, and no alternatives to the procedure she had. Unfortunately, she had a bad outcome to a procedure, without any evidence of wrongdoing. Again, it becomes impossible to accept such a case to prosecute.
Conclusion
Since a New York medical malpractice attorney takes a case on contingency (this means that he only gets paid if he is successful in obtaining money for you), he must lay out a considerable amount of money to prosecute your case.
Not only does he have to make sure you have a valid and meritorious case, but has to determine whether your injuries rise to the level where you will receive sufficient money after all of his expenses and legal fee are taken out. What good does it do you, if most of the money is used for expenses and legal fees and you are left with a small amount of money?
It is for this reason that most New York Medical Malpractice lawyers can only accept cases that have a certain value.
Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.
Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
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