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Typical Defenses in a Medical Malpractice Case

A medical malpractice case is typically defended with the following 5 important defenses:.(1) We didn't do it, but..(2) If we did it, it was an acceptable risk,.

(3) However, if we did it, and it wasn't an acceptable risk, then the patient wasn't hurt by it, but..(4) If the patient was hurt, he wasn't hurt that badly,and finally,.(5) We didn't do it, but even if we did, the patient also contributed too..

It is the extremely rare case where the defense admits causing injury and the extent of injury. Those cases are settled quickly without ever going to trial.The majority of medical malpractice cases in New York are settled prior to trial. Of the remaining 5-10% that are not settled, the physician wins the majority of them at trial. Defense counsel have gotten their clients off the hook using the defenses listed above.

Obviously, the list above is overly simplistic, but it's easy to see how it applies in any malpractice case.Jimmy D'Victim arrives in my office claiming that hernia surgery caused a perforation in his colon. The defense will quicly claim that (1) Jimmy needed the surgery, (2) That a perforation is a known recognized risk of the procedure, (3) That there is no real injury, (4) That if there is an injury it's minimal, and (5) That he caused all of his own problems because he moved during surgery or failed to follow the doctor's instructions before, during and after surgery.Is it any wonder that most malpractice cases are won by the defense?.


Attorney Oginski has been in practice for over 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.

com, or 516-487-8207. All inquiries are free and totally confidential.

By: Gerry Oginski

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