Maret 14, 2017
welcome, and thank you for joining me. i'mgerry oginski, a new york medical malpractice and personal injury trial lawyer practicinglaw here in the state of new york. today's video tip explains one solution that i wasable to achieve for an injured victim. here's what i mean. a gentleman was walkingdown the street in brooklyn one day when he was physically attacked. he was hit and punchedin the face and as a result suffered fractures to the lower part of his eye known as theorbit. when he was taken to the hospital he was toldthat he had a fracture of his orbit and that he would probably need surgery to fix it.that would have been fine except there was one problem. as a result of the fracture themuscle that controlled his eye movement happened
to be trapped and stuck inside of it becauseof the viscous nature of the attack. this gentleman who had previously excellentvision, still had good vision except there was one problem. the muscle that controlledhis eye movement was now stuck so now his eye pointed out to the side.the patient agrees to undergo this surgery thinking based upon the doctor's reassurancesthat it's a relatively simple procedure and she's done this many times. after the surgeryis performed the patient is given a patch and told to come back the next day, whichhe does. the doctor takes the patch off in the officeand says, "okay what do you see?" he said, "did you take the patch off?" she said, "whatdo you mean?" he couldn't see anything. she
immediately sends him back to the hospitalfor an mri. the mri comes back and he is told, "you need surgery now."the patient goes back into surgery later that day in an attempt to fix whatever problemthe doctor noticed but didn't exactly tell the patient before undergoing the second procedure.he's given a patch again, told to come back the following day now, which he does.it's the second procedure, the day after the procedure. the doctor takes the patch offand says, "what do you see?" the patient says, "nothing." he said, "what do you mean, nothing?"patient came to me because he was concerned that something had gone wrong that the doctordid not fully explain to him. what i learned during the course of the investigationwas that during the first surgery the doctor
used a titanium implant to connect the brokenbone fragments together. unfortunately, she cut off the optic nerve, which is the nervethat controls the vision but didn't recognize it.when she saw the mri the following day she recognized that this implant, this titaniumdevice, which is meant to hold the fragments in was literally transecting and cutting thearea where the optic nerve was. despite her attempts the next day to go aheadand move that implant it was useless because of the permanent damage had already occurred.what was supposed to be a simple procedure turned out to be a devastating, life-alteringprocedure for this gentleman. we learned later when i had a chance to questionthe doctor at her deposition was that she
had only done this procedure less than a handfulof times. immediately before jury selection was scheduled the defense recognized thatthey had significant problems and entered into settlement negotiations at that time.i'm pleased to say that as a result of those settlement negotiations we were able to successfullyresolve the case to my clients satisfaction in kings county supreme court in the stateof new york, which is brooklyn. that's it for today's video tip. i want tothank you for joining me. i'm gerry oginski. have a great day. if you believe you've beenthe victim of medical wrongdoing by a doctor or a hospital i want you to pick up the phoneand call me. i can answer your legal questions. my number is 516-487-8207 or you can reachme by email at lawmed10@yahoo.com. have a
great day.
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