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DOCTOR MALPRACTICE: When Did the Wrongdoing Happen? NY Attorney Gerry Oginski Explains

He called me wanting to know whether or not
he had a valid medical malpractice case. One of the first questions I asked him was,
“When did this matter happen?” And the moment he told me, I knew immediately
that I wouldn’t be able to help him. Do you want to know what he said in response? And how angry and upset that he got because
I wouldn’t listen to anything he had to say? Come join me for a moment as I share with
you this great information. Hi, I’m Gerry Oginski, I’m a New York medical
malpractice and personal injury attorney. So now, he called me on the telephone, he
wanted to know whether or not he had a valid medical malpractice case. He wanted to bring a lawsuit against the doctor
who treated him as well as hospital staff. So the first question I asked him was, “Did
this happen to you or a family member?” He said, “No, it happened to me.” I said, “Okay, when did this happen?” And he started to go on and give me a whole
big time line. I said, “No, when did the wrongdoing happen?” He said, “Oh, it happened in 2003.” I said, “Stop right there.” I said, “I can’t help you.” He said, “What do you mean you can’t help
me? But I just found out about this problem. I just found out that all these things stem
from the wrongdoing that happened in 2003.” I said, “That’s the problem. The problem is, your time to file a lawsuit
is long, long gone, by many, many, many years.” Now, this is 2017. Typically you have only two and a half years
from the date of any wrongdoing in which to bring a lawsuit against a private doctor or
private hospital staff. That’s it. Two and a half years. He said, “But what about this thing called
continuous treatment?” I said, “Okay, let me ask you a question. You told me the wrongdoing happened in 2003. Did you continue to see and treat with that
doctor for the entire duration? For the 15, 14 years, up until today?” He said, “No, of course not.” I said, “When did you last see that doctor
who caused you harm in 2003?” He said, “Oh, 2004.” I said, “Stop right there.” He said, “What do you mean? I can still bring a lawsuit because I only
found out about it now.” I said, “No. No you can’t.” He could not understand that. He could not get that through his mind and
he was getting angrier and angrier. I kept having to stop him. He wanted to tell me all of the details of
everything that was done wrong to him. I said, “I’m sorry, but no matter what you
tell me, I can’t help you.” Now, I knew immediately that no attorney in
New York would be able to help this guy. But I have an obligation to tell him, listen. My suggestion is pick up the phone, try and
call another attorney. Maybe they’ll give you a different opinion. But from what little you’re telling me today,
on the phone, in just a few moments, I can tell you right now that your time limit is
long gone. And it doesn’t matter what happened to you,
once that time limit has lapsed. So, why do I share this quick information
with you? I share this story with you, just to give
you an inside look at a gentleman who wanted to find out whether or not he had a valid
case. For all I know, he may have had an underlying
valid, meritorious case, but if you don’t bring it within the defined time limits that
the court and the law requires, it doesn’t matter what happened to you. So unfortunately for this gentleman, I would
not be able to help him and I highly doubt anybody else will in New York as well. I recognize you’ve got questions or concerns
about your own matter. In all likelihood, you want to find out whether
your matter is actually timely. Well, I have to tell you something and I have
to give you this big warning. You cannot, under any circumstance, rely on
information you find online, rely on something you may read about, about the time limits
concerning your particular matter. You want to know why not? It’s because those time limits change and
by the time you see this video, by the time you read an article online, by the time you
read something in a newspaper, the time limit in which you have to file your lawsuit may
have changed. And that happens from time to time. So, the only way, the only real way to know
whether or not your matter is timely is pick up the phone and call me. I can answer your legal questions. I can help you understand whether or not your
matter still is timely. You can reach me at 516-487-8207 or by email
at [email protected] That’s it for today’s video. I’m Gerry Oginski, have a great day.

Cesar Sullivan

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