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Welcome and thank you for joining me. Come on in. I’m Gerry Oginski, a New York medical
malpractice and personal injury trial lawyer practicing law here in the state of New York.
Today’s video tip is how a misread pap test resulted in payment by a doctor of $495,000
during trial. What happened? What happened was a woman had a regular yearly pap test;
this was a young woman who was 27 years old at the time. And as a result of improperly
in reading and interrupting the results of that pap test, the doctor determined that
the patient needed additional testing. She needed a biopsy known as a “cone biopsy.”
The biopsy results came back and the doctor told this patient that it showed that she
had invasive cancer into her *** and that if she didn’t have her uterus removed - if
she didn’t have a hysterectomy - she would die very shortly. So what do you think she
did? She had two young children; of course she went ahead with the hysterectomy. After
the surgery was done, after she underwent the hysterectomy, the results from pathology
came back and it turned out that there was no invasive cancer anywhere. There was no
cancer in this woman’s uterus or ***, anywhere. Well when she came to me, I had
experts review her records. They confirmed that there was absolutely no reason or basis
for this doctor to perform a hysterectomy. So basically this woman, who wanted more children,
no longer had the ability to and had a surgery that was unnecessary and unneeded. So why
do I tell you this? Because the defense fought this case tooth and nail to the very end.
And not just to the point where we got the jury selection, and picked a jury, but throughout
the course of the jury trial. And they would not settle this case because they felt that
we didn’t have valid case. It wasn’t until we rested our case, after we put on all of
our evidence, that we entered into serious settlement negotiations that resulted in compensation
to my client of $495,000. I’m Gerry Oginski. I want to thank you for joining me here in
New York. Have a great day. By the way, if you have additional questions about medical
malpractice or personal injury cases here in the state of New York, then I encourage
you to explore my website. It’s Oginski-law.com. You can see the URL right – here it is – right
below here. And if you have legal questions, then I urge you to pick up the phone and call
me since I can answer your legal questions. You can reach me at 516-487-8207 or by email
at lawmed10@yahoo.com. I’m Gerry Oginski. Thanks for joining me here in New York for
a few minutes of your time. Have a great day!