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You suffered significant injury at the hands of a doctor or a hospital and you can't understand
for the life of you why won't the doctor or hospital take responsibility for your injuries?
Would you like to learn why? Come join me as I share with you this great information.
Hi. I'm Gerry Oginski. I'm a New York medical malpractice and personal injury trial attorney
practicing law here in the state of New York. Do you know that if during the course of a
discussion while you're still in the hospital the doctor comes to you and says, "Listen.
I'm so sorry that this happened. We're going to try and fix this." The mere fact that the
doctor has admitted or apologized to you may be seen as a source of liability or responsibility.
And he's been instructed by his insurance company, by the hospital, by the risk managers
that under no circumstance is he to go ahead and apologize and admit that what occurred
was his fault or the fault of the hospital. Do you want to know why? Because all of a
sudden it opens up a whole can of worms. It now opens up the doors and now they're going
to be on the hook for liability and taking responsibility. Now you may ask yourself if
they really did cause you harm and injury and they departed from good and accepted care
and the violated the standards of care, why wouldn't they just come right out and accept
responsibility? That would be the easy thing right? You think that would make sense. "Hey
listen, I'm so sorry that this happened. It shouldn't have happened. Let's go forward
now and try and fix you and try and see what we can do." Well the reality is that once
they do that and they open up the doors and admit and accept responsibility, now the question
becomes what's the value of your injuries? And that's always a hot disputed item. And
now the parties will get into evaluating what is the extent of your injuries and what is
the true value of your injuries. So the moment the doctor or hospital or somebody at the
hospital turns around and says, "I'm so sorry for your accident. I'm sorry for your injuries.
You know we take full responsibility; we're going to make this right." All of sudden,
now the game has changed. The defense clearly does not want that to happen. They want to
be in control of when and if they say that, especially as they go through the litigation
process and make a strategic decision about when -- if ever -- they're going to accept
responsibility. So why do I share this information with you? I share it with you just to recognize
that it's not that easy, even if you think that a doctor or hospital did something wrong
to you. It is highly unlikely that any doctor or hospital staff will come right out and
admit and accept responsibility for what actually happened to you. That may only come about
during the negotiation process or as we're getting closer to negotiate and possibly resolve
your case. In that instance, they may turn around and say "OK. We accept responsibility.
We understand that we've done something we shouldn't have done. We violated the standard
of care, let's talk about what are your injuries worth." And now focus on trying to resolve
your case from a settlement stand point. You know, you're probably watching this because
you have questions of your own about your own particular medical malpractice matter.
And if your matter happened here in New York and you do have legal questions, what I encourage
you to do is pick up the phone and call me. I answer legal questions like yours every
single day and I welcome your call. You can reach me at 516-487-8207 or by email at Gerry@Oginski-law.com.
Well that's it for today's quick video. I'm Gerry Oginski, have a wonderful day!