Determining the right to an attorney

September 30th, 2008

INDIGENT: A new report from the NYU School of Law calls for stricter indigent defense determination guidelines, which Collin County judges say they have already met.

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You Need a Bronx Car Accident Lawyer

September 29th, 2008

Car accidents can be very stressful. In New York, car accident can be even more so. In the Bronx car accident lawyers can help alleviate some of this stress. They are there to help people in several ways. They can help get you money if you were wrongfully hurt or they can help keep you from paying lots of money if you are found to be at fault in the accident. Also if you have committed some kind of crime, a Bronx car accident lawyer will be essential to you in defending your rights.

Sometimes you can be in a car accident even if you are normally a very safe driver. Often times people will do illegal drugs or drink before driving. These people are more likely to get into car accidents. When they get into accidents with other people it is in no way the other person’s fault. In the Bronx car accident lawyer can be very helpful in making sure that the people who are truly at fault are the ones whose insurance will take care of the damage. The lawyers can also sometimes get you money in these cases. You can sue the drivers if they were being grossly negligent. Even people who are not directly involved in the car accident can sue the guilty party. Bronx car accident lawyers can be very helpful when filing wrongful death suits.

If after an accident, you are found to be at fault, a Bronx car accident lawyer can be very helpful in defending your rights. Some people try and take advantage of other people when accidents happen. They try to get more money for their car or try and make up false medical claims. A lawyer would be needed to help you in these cases. Another more severe problem is insurance scams that criminals try and trap innocent people into. They set up accidents and try and get money out of you and your insurance. A Bronx car accident lawyer would be very helpful in that situation.

When you do something that causes you to be arrested after a car accident, and then you will definitely need a lawyer. If you were found to be drunk driving, the penalties can be very severe. The damage you caused could just be to other vehicles and property. Often times though, drunk drivers injure innocent bystanders. The law comes down hard on these people. In the Bronx car accident lawyers are there to fight for you. Even if you are not under the influence, you could still be at fault for other crimes in your car. If you are involved in a hit and run accident for instance, then you would definitely be in need of a lawyer.

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Where is the Burden of Proof in Medical Malpractice Cases?

September 28th, 2008

Medical malpractice defined broadly is meant as a claim brought against a health care professional, such as a doctor or a hospital, wherein the health care professional violates the normal standard of care and, as a result, injury results. This is also sometimes referred to as medical negligence because it applies to hospitals, doctors and other healthcare professionals. Medical malpractice laws vary from state to state but there are some very basic fundamentals that are the same across the board.

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N.C. Students Risk Suspension If Shots Outdated

September 27th, 2008

Schools across the state have suspended hundreds of sixth graders with outdated vaccination shots in compliance with a new state law, while many other students face suspension, school officials said Friday.

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Nuvaring Side Effects for Nuvaring Class Action Lawsuit

September 26th, 2008

Nuvaring was first approved by the FDA in 2001 as a birth control contraceptive. Nuvaring birth control dangers have been widely reported since. Nuvaring is the 3rd best selling product made by Organon USA.

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Dental Malpractice Suits Usually Rare

September 25th, 2008

It’s not often you think of suing your dentist, but it does happen. In fact, dental malpractice is just as serious as medical malpractice (medmal). This is why most dentists carry malpractice insurance.

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Probe: Medicare Paid Billions in Suspect Claims

September 24th, 2008

The government paid more than $1 billion in questionable Medicare claims for medical supplies that showed little relation to a patient’s condition, including blood glucose strips for sexual impotence and …

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Should I Choose a Gun, Knife, or Pepper Spray?

September 23rd, 2008

FIREARMS

I am a registered gun owner and have a 1911 .45 ACP. I believe in the Right to Bear Arms and believe guns should be for defense purposes. However, I DO NOT advocate using a firearm unless you have NO choice. It should only be used as a last resort.ADVANTAGES

 

• Most attackers will back off at the sight of a gun.

• Firearms are highly reliable depending on the training and skill of its user

• Guns are generally effective in stopping power.

DISADVANTAGES OF USING A FIREARM

• Serious consequences to the user

• Guns require more money, time, and effort to maintain compared to other defense devices

• An accidental discharge can, and very often results in permanent injury or death.

• States have strict gun laws, and can turn you into a criminal fast by not adhering to the laws.

• The use of a gun is generally considered “excessive force” meaning you may have to prove in court that you did not intentionally kill someone. “Many experts agree that when a citizen arms themselves with a gun it is a tragic situation and resulting court case waiting to happen.”

• If your attacker obtains your gun from you, the consequences can be deadly.

• Guns have been known to “jam” unexpectedly

• Guns can misfire

Scenario #1

You’re sitting in your car eating a small snack, getting ready to roll up the window and head home. You see a man quickly approaching your driver’s side window. You panic, grab your purse to look for your small handgun while your hands begin to tremble. You’re knocking stuff out as you reach deep, feel the gun, pull it out and as you’re drawing your pistol a man grabs your purse and rips it from you. Thankfully, you have the gun but in a panic you begin to fire several rounds into and towards your attacker.
[Several months later…]

You’re now in court trying to prove to the world that you had no choice but to kill the 19 year old kid that was searching for a quick buck so he could eat. You find yourself in court trying to explain to his family and media that he was attacking you, yet your story doesn’t add up because forensics finds that you shot your victim after he stole your purse and was trying to get away. You are now the criminal and you’re life will forever be changed.

This was a made up scenario, but very close to what often happens in gun related defense situations.

Scenario #2

You’re sitting in your car when a man quickly approaches and grabs your arm and orders you to step out of your car. With your other arm, you grab the pepper spray that you keep right there in the middle console, unload it all into his eyes. Within a second or two, the man is now screaming on the ground and you call police, where they apprehend the perpetrator. You are terrified, but ok. And the courts put your attacker where he belongs.

My ultimate advice is that if you get a gun become very familiar with it. Know the laws and abide by them. Get good training and treat your gun with great responsibility.

STUN GUNS.

Stun guns make a great defense device. But there are some disadvantages you need to be aware of when choosing what kind of defense you want to own.

DISADVANTAGES OF THE STUN

• Your stun gun requires batteries to work, you must make sure your device works properly

• As with all defense devices, the stun gun is limited to close body contact. If your attacker produces a club, knife, or gun—you are at a disadvantage however, a good instructor can help you overcome these challenges.

ADVANTAGES OF THE STUN GUN

• Can disable your attacker for 30 minutes or more.

• Small, and can be disguised as a cell phone, pager, or gloves.

• Highly effective. It works by stunning your attacker with 50,000 to hundreds of thousands of volts. The voltage causes your attackers muscles to be depleted of blood sugars.

• In some cases, the electrical charge the stun gun gives off will cause an attacker to flee without further confrontation

• The charge of a stun gun WILL NOT come back to you if your attacker is grabbing you

PEPPER SPRAYS.

Pepper sprays are the defense device of my choice. OC Pepper Sprays are effective against people that are on drugs, psychotic, or cannot feel pain. The reason is because of how the chemical OC (Oleo Resin Capsicum) works. It is not an irritant but rather, an inflammatory agent. The OC dilates the capillaries of the eye and causes temporary blindness, and makes breathing difficult.

ADVANTAGES OF A PEPPER SPRAY

• Pepper sprays can generally shoot an attacker that is 12-20 feet away. That’s enough distance to give you time to get your pepper spray out, aim it, and shoot.

• Also, pepper sprays hold very little consequences if discharged accidently as opposed to a gun.

• The shelf life of a pepper spray is usually 2-5 years. You may wonder why that would be advantageous, and the reason is clear-it takes the guess work out of whether the contents of your spray are at optimum potency.

• Ease of use, just READY, AIM, FIRE!!!

• Highly effective against attackers, giving you at least 20 minutes to flee

• There are many kinds of pepper sprays for you to choose from. There are Baton Pepper sprays, Ring pepper sprays, Keychain pepper sprays, and an all new Pepper Gun

• The 4 types of sprays are stream, cone-shaped mist, fog, and new gel formulations. It really is up to you which you prefer, no one is better than the other.

• Non-lethal to your attacker and will not permanently disable them.

• Pepper sprays can be purchased for as little as $15

KNIVES, KUBOTANS, NUNCHAKUS, and other hand held weapons.

Using a knife in self-defense can be effective, but not recommended because you may have to prove in the court of law that you had absolutely NO CHOICE but to use it. Like a kubotan, a knife may be illegal in your area. Some knives are considered projectiles, hence, the reason their called throwing knives. But it too, carries many disadvantages. Unless you’re an expert knife thrower, don’t use it for defense purposes.

Most knives are NOT made to be thrown. The other disadvantage about using knives in self-defense is that knives require combat distance to use it against your attacker. If it fails to subdue him, he may use the knife against you. I would recommend that you carry a knife for utility purposes, but strongly advise you to not use it for defense unless you have been well-trained, and it is your last resort.

The same is for kubotans, clubs, and nunchakus. They all require lots of training and to make matters worse, they are likely illegal to use as defense in your area.

The best advice I can give you.

Perhaps your hands and your feet are all you need if you are being assaulted or attacked. As they say in Martial Arts, your hands become hammers, your feet become spears, and your fingers, knives. Yes, your body and your mind is the best defense you have.

But, I highly recommend seeking out a qualified instructor to teach you how to use your body for defense. If you cannot find the time to get this kind of instruction there are instructional fighting videos so that you can learn some basic, and street skills from the convenience of your own home.

To view those instructional fighting videos go to: http://www.dragondefensesupply.com/fightingvideos.htm

As I was saying earlier, you and your loved ones should NEVER leave home without your pepper spray, or without a strong and prepared mind.

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Medical Malpractice - Misdiagnosis in the Emergency Room

September 22nd, 2008

A young man broke his arm while working in a brickyard. He went to an emergency room in a municipal hospital in New York. The emergency room doctor told him he had a fracture and they would set the fracture and put a cast on. The cast would remain on for 6 weeks. He was told to follow up every few weeks to make sure the broken bone was healing properly.

This young man returned to the orthopedic clinic, as instructed, and each time he went, x-rays were taken. After x-rays were taken, the orthopedic resident reassured him that everything was healing properly. Six weeks after the initial injury, the patient had his cast removed. He was shocked at what he saw. His arm looked like a roller coaster. It was straight, then went up, curved, then went down and flat again. He asked the doctor whether this was normal. The physician told him that with physical therapy this would go away.

My client was not an educated man, yet he knew that no amount of physical therapy would make his bone go back into the correct position. He decided to seek another opinion of an orthopedist near his home. After additional x-rays and evaluation of the the original emergency room x-rays, this board-certified orthopedist concluded that this young man needed surgery to re-break the bone since it did not heal in the correct position. He would need a titanium plate, screws and pins to hold the newly broken bones together. This is known as an osteotomy (breaking the bone) and an open reduction with internal fixation. He would need to be put to sleep with general anesthesia and have a recuperation period of 6-8 weeks again.

This young man learned that his broken bone was never set properly. Had it been properly set when he was in the emergency room, he’d never have needed this additional surgery and wouldn’t have to have his bone re-broken and then put back together with plates, pins and screws.

During this lawsuit, I had a chance to question the “Doctor” who treated my client in the emergency room. It turns out that this “doctor” was not a doctor at all. In fact, he was just a physician’s assistant who was supposed to be supervised by the attending emergency room physician. Unfortunately for my client, this physician’s assistant never asked his supervising physician to review the emergency room x-ray before or after he had set the bone to make sure it was done correctly. Even more amazing was that none of the orthopedic residents who evaluated this patient in the orthopedic clinic recognized that the x-ray was clearly abnormal and that the bone would not heal in the correct position.

Had the physician’s assistant shown the original x-rays to his supervisor, in all likelihood, the supervising doctor would have recognized that the arm was not set correctly and would have re-set it again before casting the arm and sending the patient home.

This injury was totally preventable, and the attorney who represented the hospital recognized that fact during the litigation. I am pleased to report that this case was successfully resolved shortly before trial.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Long Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice, wrongful death and injury cases since 1988. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. For more information, call him personally at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on New York Medical Malpractice & accident law.

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Neb.’s Sen. Nelson blasts US officials for refusal

September 21st, 2008

U.S. Sen. Ben Nelson was still angry Wednesday that federal regulators are refusing to testify before a state committee looking into problems at the state hospital in Beatrice.

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