New York Injury Times June-july 08

8/14/2019 New York Injury Times June-july 08'

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New York

Medical

Malpractice:

The True

Cost Of

Permanent

InjuriesWe hear so much about who isresponsible for the current climate ofmedical malpractice lawsuits. However,what we hear so little about is the truecost of the irreparable injuries thatmedical mistakes and errors create.

Let me explain what I mean using a realcase I handled recently-

A young man suffered a heart attack and because of the extensive heart damage,

he needed an emergency triple-bypassto keep him alive. Despite theemergency surgery, he suffered manycomplications including kidney failure,fluid in his lungs and an inability of hisheart to fully pump his blood. He alsoneeded a heart transplant, but becauseof his continuing and ongoing medicalcomplications, he was no longer eligibleas a candidate for a heart transplant.

This young man became trapped in hisown deteriorating body. He could not

walk more than 10 steps without havingto sit down. He could not go up or downstairs. He could no longer breathewithout difficulty. He spent most of hisday sitting on the couch or in bedbecause his body could no longer givehim the strength to walk across hisbedroom. He took 40 pills perday. Each pill had its' ownrisks and side effects. Manyof the pills caused sidee f f e c t s i n c l u d i n gconstipation, high blood p r e s su r e , b l eed i ng ,

f r e q u e n t u r i n a t i o n ,decreased appetite andmore. Yet he still neededthese pills to continue tolive.

Let me backtrack for a moment. Theseinjuries were totally preventablebecause months earlier, this young manhad made complaints of chest pain bothto his doctor and doctors in a hospital.

Both misread the results of his cardiactesting. Had they accurately interpreted

the tests, this young man would havehad elective heart bypass surgery, andwould never have had the devastatingheart attack that will limit his lifeforever.

The costs of these lifealtering injuries werestaggering.

Let's start firsw i t h t h eeconomic lossT h a t i s

something thawe could actuallycalculate using theamount of money

he was earning in thelast few years before the

malpractice occurred. Aneconomist could actually projec

the amount of money this man wouldhave received, assuming that hecontinued in the job he was in and

J u n e & j u l y 2 0 0 8!T H E L A W O F F I C E O F G E R A L D M . O G I N S K I , L L C! 5 1 6 - 4 8 7 - 8 2 0

w w w . o g i n s k i - l a w . c o m

c o m e v i s i t ! i g u a r a n t e e t h e r e s s o m e t h i n g t h e r e f o r y o u .

NEW YORK INJURY TIMES

Gerry OginskiNY Medical Malpractice& Accident Lawyer

12

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moved up the ladder over time, over thecourse of his working lifetime. Thatnumber was staggering and clearlydefined. Also, we looked to theadditional benefits he received,including health insurance, dental, bonuses, vacations and gifts. Again,

recognize that these benefits could becalculated and these losses could bepredicted over the course of a lifetime.

Then we move our focus to the "non-economic loss" that the young man andhis family experienced on a day-to-day basis. What is his pain and sufferingworth- from the time of the malpracticeuntil the time of trial? What has hisfamily endured while watching a oncevibrant and successful businessman turninto a reclusive hermit, physicallyincapable to take his young child to the

bus stop in front of their home in themorning? What does it mean when thewife must now become her spouse'snurse 24 hours a day? Every littleactivity needs assistance. For example,when the phone rings and the youngman cannot race to the phone to seewho is calling, he needs help. When thedoorbell rings, and this young mantakes 15 minutes to get to the frontdoor, he needs help. Going to the bathroom is an unpleasant anduncomfortable task- not just for him, but for his wife, who does everythingshe can for her loving husband.

What is the value of these tragicmoments in this young man's life?

Let's go back for a moment to theeconomic loss. Do you know how muchrehabilitation costs? For this man, heneeded rehabilitation 5 days a week. Heneeded to learn to walk again. Heneeded an aide to help him get across

the room. He needed oxygen in hisroom 24 hours a day, 7 days a week,365 days a year. How much doescontinuous oxygen cost? He needed bandages, needles to check his sugarlevel and insulin injections every dayfor the remainder of his life.

This young man could not workanymore. How would he support hiswife and child? This once proud bread-winner now must rely on his wife andstrangers to help him with life's dailyneeds. How will he pay his mountingmedical bills if he has no healthinsurance? How can he afford to pay thehealth insurance premiums if he can'twork?

How do we, as a society, put a price onthe value of this man's injuries?

The economic cost of this man's injurieswere significant- in the multi-milliondollar range. The non-economic costwas also significant- but that is an areaof compensation that defies an exactnumber.

All too often, critics of our justicesystem beat the drums of "tort reform"claiming that frivolous lawsuits areresponsible for (1) Doctors leavingmedicine, (2) High medical malpractice premiums, and an assortment of otherperceived ills created by "trial lawyers."Yet we rarely hear how the truly injuredvictims experience astonishing,astronomical and catastrophic economiclosses. Who will pay for their injuries?Who will pay to make the injuredvictim and his family whole again?

It is often said that when a wrongdoercauses harm, he owes a debt to theinjured victim. That debt must berepaid. A catastrophically injuredvictim's costs are large, and the debt torepay grows larger every day.Compensation is literally a debt thatmust be repaid in full. Not partial payment but full payment. Anythingless is a discount that only benefits thewrongdoer.I had the privilege of representing thisyoung man and his family in their awfultragedy. The true value of his permanentinjuries are more than one can possiblyimagine. The economic injury, the painhe and his family endure, and the

agonizing suffering he goes througheach day is simply unthinkable. Yet, think of him and his family every day.

Bicycle AccidentsIn New York

Bicycle v. Car

Who Wins?

versus

You think you know the answerright? Bicycle versus car. Who wins?The car will win every single timeWhy?

Because the car weighs thousands opounds, is made of metal, steel, glassand is surrounded by material to absorban impact. A bicycle on the other handweighs anywhere from 16 pounds for asuper-light road-racing bike to 30-40pounds for a mountain bike. The bicyclehas no crash protection, no bumpers, noability to absorb any impact. Just youand your thin bike to get you from oneplace to the other.

What safety devices do bicycles have?

(1) Reflectors(2) Rear tail lights(3) Sometimes a front headlight



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(4) An experienced rider will often wearhigh-visibility clothing with reflectivestrips to give him or her better chancesof visibility to cars and trucks. Manyriders also wear blinking battery-operated bike lights- again to improvetheir chances of being seen by

motorists.

What safety devices do cars have?

(1) Headlights(2) Tail lights(3) Anti-lock brakes(4) Front and rear proximity sensors(5) Airbags- head/ front/ side(6) Thousands of pounds of metal, glassand an engine to encompass you

Often, motorists do not see bicyclistseven with all the "safety devices"

designed to improve their visibility.

Recently, I represented a man who wasbiking home from work at his job at acomputer company. He was traveling ona busy roadway at rush hour, using the"bicycle lane" on the shoulder of theroadway. It was about 5:30 p.m. He waswearing a helmet, reflective bike shoes,and a highly visible biking jersey. Thetraffic going in his direction was in stop& go traffic, but on the shoulder lane hehad clear sailing.

He was biking on a slight uphill doingabout 10 miles per hour. A car travelingin the opposite direction decided it needto turn into a strip mall just about wheremy client was riding. Unfortunately formy client, the car made a very swift left

turn, and because of the stopped cartraffic adjacent to my client, never sawhim as he accelerated toward thedriveway to the strip mall. Who won?The car- as always.

Who lost? My client. His fancy road

bike, the least of his problems, wastotally destroyed. He suffered fractures, bruises, cuts and lacerations. Anambulance deposited him to the closestemergency room, where he underwent a battery of tests, including x-rays, CTscans, blood tests and an overnight stayat the hospital. The impact put him outof work for over a month, and heneeded repeat visits to the orthopedist tofollow his fractures and make sure theywere healing properly. After theorthopedist gave the ok, he was told tostart physical therapy to begin to use his

arm and leg properly again.

My client lost his dignity that day. Helost the ability to continue his bike-ridehome without interference from a car.His family was thrown into turmoil,rallying around dad in the emergencyroom. He had to explain to his boss whyhe couldn't return to work for weeks. Hehad to explain to his friends why hecouldn't join them in their activities. Hesat at home, useless to his wife, on thecouch watching mindless television.

On the day I met my client for the firsttime, he had returned to work in alimited capacity, and at reduced hours.The most important thing he wanted toshow me was not his scars and his cast.Rather, he wanted to show me his

broken and destroyed bicycle that sat in acrumpled heap inside hiscar. As any bicyclistknows, a good bike is atrustworthy friend thatgets you from point A topoint B effortlessly. Whenthat has been destroyed, itis devastating. However,as all things material, itcan and will eventually bereplaced. My client's lifewas miraculously sparedthat day, and he will learnonce again to walk, torun, to write, and yes, tobike.

The driver of the car, unfortunately, hada limited insurance policy, whichnevertheless was quickly offered tosettle the case.

Remember to always wear yourhelmet when you ride, and make

yourself as visible as possible to themotorists around you. Never wear

earphones to listen toyour ipod or MP3player, as you will no be able to hear thtraffic around you. Besmart, and enjoy your

bike ride.

Test your knowledge of New Yorkmedical malpractice and personainjury law. Answers appear at theend of this newsletter.

1. A Right of Subrogation means tha you have the right to give any mone you receive in your case to anyone youwish.

TRUE OR FALSE?

2. In a deposition, the person beingquestioned must answer all questionexcept those that are privileged orpalpably improper.

TRUE OR FALSE?

3. The standard of proof that a plaintif

(a person bringing the lawsuit) musprove in a civil trial is that their versionof the events is more likely true than notrue.

TRUE OR FALSE?

4. If a driver of a car is sued in anegligence lawsuit, that driver will losetheir license to drive.

TRUE OR FALSE?



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5. Telling a little white lie at trial willhave no impact with the jury and willnot affect how they view your credibility.

TRUE OR FALSE?

6. If a lawyer says I need to make out aprima fascia case, it means theyreready to place their lunch order with anItalian restaurant.

TRUE OR FALSE?

7. A teenager under the age of 18 canstart a lawsuit on their own- withouttheir parents assistance.

TRUE OR FALSE?

8. If you sue a municipal hospital in theCity of New York for medicalmalpractice you can no longer return tothat hospital for ongoing medical care.

TRUE OR FALSE?

9. The crane on 91st Street and 1st Avenue collapsed last week killing twoand injuring more. If a politicianpronounced that there is no one at faultfor the accident, it means there is noway to prove liability at a trial.

TRUE OR FALSE?

10. A car accident case that comes onfor trial will be tried in two parts: Thefirst part is liability to determine who,if anyone is responsible. The secondpart is damages and is held only if the jury finds that one or more of thepeople you have sued are responsible foryour accident.

TRUE OR FALSE?

BONUS QUESTIONS:

1. In a wrongful death case, the

victims family can recover for

their own pain and suffering as a

result of their loved ones

untimely death.

TRUE OR FALSE?

2. If a judge makes an unfavorableruling in your case, and yourlawyer does not make a timely

objection, your lawyer can laterappeal that decision after theverdict is given.

TRUE OR FALSE?

Answers appear at the end of thisnewsletter.

NEW YORKACCIDENTS

Is there a maximum

amount of money I can

recover for my injuries?

The short answer is no. The longeranswer is maybe. How's that for lawyerdouble-speak? But here's what I mean:

When you bring a lawsuit to obtainmoney- to compensate you for yourinjuries, there are different types ofcompensation that you look to obtain.First, I'll talk about "economic"compensation. This means that if youearned let's say $75,000 per year, andyou were no longer able to work, youcould then calculate exactly how muchmoney you would have earned over thecourse of your lifetime. We would needto evaluate what perks and benefits youreceived from your job and thenevaluate the likelihood that yourposition in your company would go upor remain the same. We consider the possibility of promotions and thelikelihood that your income would goup as you climb the corporate ladder.Those 'damages' are easily calculated.

Ano ther asp ec t of 'ec ono miccompensation is payment of yourmedical bills. In every significanaccident and medical malpractice casein New York the injury you suffer wil

undoubtedly require additional medicaor surgical correction. Should you haveto pay the doctor and medical bills forsomething that never would havehappened to you if it were not fosomeone else's wrongdoing? Theanswer is obviously no. Well, who paysfor your medical and hospital bills? In a personal injury lawsuit such as a caaccident, a trip and fall, a constructionaccident or even a medical errorresulting in injury, the wrongdoer issupposed to pay. Your lawyer wiltypically include a claim for medica

expenses in your lawsuit, seeking torepay you the money that you had topay out of your own pocket.

What happens if your health insurancecompany paid for the medical andhospital bills for your injuries? In somecases your insurance company may seekto get repaid for the money that they paid to the doctors and hospitals oyour behalf. In the legal world, this isknown as "A right of subrogation." Anarticle I read the other day accusedhealth insurance companies of "double

dipping" their customers for this practice. What do I mean? The authoargued, quite persuasively, thacustomers pay their health insurancepremiums every month. The reason theydo this is to make sure that if they needmedical care, their health insurancecompany will pay for the medical billsThis is a contractual agreement that thehealth insurance company has with you-the customer. Now, here's where it gets





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interesting. If you are injured by adoctor in New York, and you sue thatdoctor for compensation, and part of thecompensation you seek to recover is for

"medical bills and medical expenses,"

the insurance company, in some cases,can legally ask you to repay the moneythat they paid on your behalf. "OK" yousay. You already know that from myexplanation above. What's so unusualthat this author said represents "doubledipping?"

The "double dipping" occurs becausethe insurance company collectsinsurance premiums from you. So, theytake your money, in exchange for their promise to pay your medical bills. Ifyou're injured and you go to the doctor

or hospital, they do in fact pay thosebills (except for the deductible that youare still obligated to pay). So far,everything is as it should be. However,when you bring a lawsuit seeking torecover money for your medical bills,the insurance company turns aroundwith their hand out and says "Holdon...you have to repay us the money wespent for you."

Let's now say that you were successfulin your lawsuit and you obtained moneyin your case for your medical bills.Once you repay your health insurancecompany the money they asked for, youhave now given them back money thatthey paid- that is true. But...they werelegally and contractually obligated to pay for your medical bills because ofthe premiums that you paid each month. Nowhere in any health insurancecontract does it say "We will only payyour medical bills if it's unrelated to anaccident or medical malpractice." They

are obligated to pay your medical billsREGARDLESS of the cause of yourin jur ies . Why should they bereimbursed for something that they had

a contract to pay?That ' s whe re thea r g u m e n t a b o u t

double dipping comesin.

Getting back to theamount of money youcan recover- thosemedical expenses arefinite. In other words,you will know howmuch money youspent on medical anddoctor bills. Yet, yourf u t u r e m a y b e

uncertain. You may need additional

treatment or surgery in the future. Youmight incur additional medical expensesthat you can currently only estimatehow much they will cost. What if youneed medical appliances such as awheelchair or a prosthetic device thatmust be changed every few years?Maybe you need a walker or a hospital bed or oxygen or pain control pumps.These have dollar values. What if youare expected to live for another 30years? How much will those items costin 10, 20 or 25 years? In order to properly calculate those expected costs,we use an expert known as aneconomist- basically someone whostudies the value of money. That expertwill project out how much those itemsand medical care will cost over yourlifetime. The economist will includeinflation and factor in your earnings,your lost earnings and your future lostearning capacity. We understand that thevalue of a dollar today will change overtime. With those projections, we cancalculate a range of economic damagesthat you have suffered as a result ofyour injuries.

"NON-ECONOMIC DAMAGES:"

This part of a money award is for thepain and suffering you experience fromthe time of your injury, until the time oftrial. Future pain and suffering is themoney you seek for the pain, disability,loss of enjoyment of life and thesuffering you will experience into thefuture and for your forseeable future. It

is this part of the money award that youseek that can be virtually unlimitedWhy do I say that? Because there is noset guideline that any Judge will giveyou at trial telling a jury that your painand suffering is worth only "X" dollarsand not a penny more. In fact, a judge

will not give any guidance about howmuch to award for pain and sufferingFor that decision the jury must rely ontheir common sense and their collectiveexperience. The attorneys will likelysuggest a particular number, or maybeeven a range of what they feel isappropriate to award for your pain andsuffering. You can expect that thedefense lawyer will ask the jury toaward nothing or something veryminimal.

THE DEFENSE HAS A SAFETY

NET:





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Let's say a jury in Brooklyn or theBronx or Queens or even Manhattanawards you anoutrageouslyhigh amountof money toc o m p e n s a t e

you for yourpast and future p a i n a n ds u f f e r i n g .D o e s t h a tmean the nextday you'll get acheck from thed e f e n d a n t ' si n s u r a n c ecompany? Wishful thinking. The firstsafety net for the defense will be whenthey ask the trial judge to (1) throw outthe verdict, (2) reduce the award

significantly claiming that the amountawarded deviates from "appropriate"compensation for your injuries, or (3)send the case back to trial to haveanother jury re-decide how muchmoney you are entitled to. Your attorneywill naturally fight each of thoserequests. If the trial judge reduces theaward, do you think you're getting thatcheck so quickly? Think again. Thesecond safety net for the defense is toappeal the verdict as well as the trial judge's decision to reduce the award.The defense will appeal the case to theAppellate Division of the SupremeCourt in the State of New York. Theappeals court has many optionsavailable. They can throw out the case,in which event you get nothing. Theycan determine that the awardsignificantly deviates from what isappropriate compensation and send thecase back to trial to be re-tried. Theycan reduce the award, and in some verylimited cases, increase the award

because they feel the award isinadequate.

So, getting back to the original questionin the title of this article: "Is there amaximum amount you can recover foryour injuries?" The long answer is

maybe- but don't forget about thedefense "safety net" that's going to limityour award to what an appeals courtfeels is appropriate for your injuries.

New York Car

Accident Attorney-

Top Ten Things To

Look For When

Choosing A Lawyer

Being injured is no fun. Not knowingwhere to turn, who to trust, and whatto do about your medical bills isfrustrating.

Most people will never need a caraccident lawyer. That's good. But thereare folks who do get injured because ofsomeone else's fault, and they're theones who DO need an attorney.

Maybe you know of a friend of a cousinwho was related to someone who knewan attorney. You could call him to askhim questions about your accident.Maybe you could look in the YellowPages and call someone who has a bigad. Maybe you could walk into astorefront lawyer's office, right off thestreet. Maybe you could call the 800number on a billboard you saw. Youcould do all of these things and maybeyou'd be ok. Then again, maybe not.

The purpose of this article is to provideyou, the consumer, with informationabout what you need to know BEFOREyou ever step into a lawyer's office. Iknow some lawyers who want to waittill the client gets into their office toexplain to them their options. This waythey can show off how brilliant theyare- and maybe they are. But why notgive the client information about how tochoose an attorney, and let the clientmake their choice about who to use.

But, how do you choose among themany lawyers who advertise for yourattention? The answer is not an easyone. Remember, not every lawyeradvertises. Of those that do, not all ofthem are trial lawyers. You must ask.

So, here are the top ten most importanthings you need to look for in a caraccident injury lawyer:

1. Experience

How many years has the lawyer been in practice? The greater experience, thgreater likelihood this lawyer has seencases like yours, and knows how tohandle your case.

2. What type of firm does the lawyer

have?

Is he part of a big law firm, or is he asolo practitioner? Just because thelawyer works in a big firm doesn'necessarily mean it's better for youLikewise, just because an attorney is asolo practitioner doesn't mean he's nocapable of successfully handling yourcase.

There are many advantages to using as o l o p r a c t i t i o n e r - Y o u g eindividualized, personal attention; Youget an attorney who knows everythingabout your case; You get an attorneywho returns your calls promptly; andyou get someone who doesn't take onmore cases than he can manage.

With a large firm you might havemultiple lawyers handling differenaspects of your case; different attorneysappearing in Court for conferences onyour case; your phone calls may not bereturned as quickly as you'd like- but atthe same time a large firm might havemore resources than a solo practitionersuch as paralegals and associates.

Ask your prospective lawyer whether hedelegates his work to his junior peopleor does he do it all himself? Does hereturn your calls, or does the juniorlawyer call you instead? Does theparalegal do all the paperwork, or doesa lawyer do it?

3. Where is the lawyer's office?



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This is important only for people whoare solely concerned about convenience.Some lawyers have multiple offices. Ifyou're concerned about going tosomeone whose office is in the City, andyou live in the suburbs, keep in mind

that most likely you will not need to physically go to his office more than afew times. He should be readilyavailable by phone or email.

If traveling to an attorney's office is stilla concern, ask whether the lawyer cantravel to your home. Most attorneys willaccommodate a client if they arephysically unable to travel. However, ifthe client is simply reluctant to travel,then there is a very important reason tohave the prospective client come to thelawyer's office: (1) To see how the

lawyer operates, and (2) So the lawyercan see how the client adjusts to beingin an unfamiliar setting. This last part isvitally important to an attorney whoevaluates you as a potential witness attrial.

4. Do you email clients?

Do you send regular updates by letter oremail? If I have a quick question, can Iemail you instead of calling you on thephone?

5. "When my case comes up for adeposition (a question and answersession with your lawyer and thelawyers for the people you have sued)will you be there with me, or will Ihave one of your junior associates?"

This is very important. You're hiring alawyer. Some people hire a law firmand don't care who works on their case.An injured victim SHOULD care, because they want to be treated with

respect and attention they deserve. Insome firms, the lawyer you meet withwill not be the one who appears at yourdeposition with you. In fact, dependingon how busy the law firm is, it's possible that the lawyer you meet withmay not even try your case!

That's why you've got to ask: "Will yoube there at my deposition?"

6. "When my case comes up for trial,will you be there with me, or will Ihave one of your junior associates?"

Again, this is a very important question.The lawyer you get to know at your firstoffice visit may not be the lawyer whotries your case. You may only get tomeet your trial lawyer a few months before your trial starts. I know many people who don't like that approach tolawyering, and others simply don't care.As an injured victim looking for alawyer to represent their interests, I canonly suggest that you should care.However, keep in mind that there arelaw firms in New York, and elsewhere,that have dedicated trial lawyers. Their job is ONLY to try cases. Their other partners or associates handle the otherparts of your case. In some other firms,you get one attorney and he (or she)handles your case from start to finish.Find out from your prospective attorneywhich one you can expect.

7. ASK THIS QUESTION TOEVERY ATTORNEY YOU SPEAKTO: How much is my case worth?

Why? Because there are some attorneyswho will claim on your very first visitthat your case is worth a ton of money-some even say "Millions!" Others arenot so cavalier, and take a morecautious approach.

If a lawyer tells you your case is worthMillions, ask him to put that in writingWhy? Because no lawyer can promiseor guarantee any outcome to a clientWatch what happens when you ask thalawyer to put his 'guarantee' in writingHe'll quickly backtrack and make someexcuse for not putting it in writing. Becareful of an attorney who makes such promises without thoroughly knowinall the facts of your case, and withouhaving reviewed your records.

8. What are your success stories?What is your record?

It's important to know how an attorneyhas done in the past on other types ofcases. What results has he achievedrecently?Obviously every case is different. Buyou still need to know whether he's ever

achieved large settlements or verdicts. Ithe biggest case he ever handled wassmall claims court, then maybe thisattorney isn't right for your type of case

9. Does he have a web site? Does headvertise?

Does he have a presence on theinternet? Why is this important? Youwant to know what type of material hehas on his website. Is it a basicinformation card with bland material, ordoes he provide a reader with importan

information they need to know toeducate them, BEFORE, they ever calhim or walk into his office.

10. Doe s the law yer offer aprospective client free reports toeducate them about their optionsBEFORE, they ever call?

Ask if they have free reports about yourtype of case. Not some canned brochurethat anyone can stamp their name on




Winner of Belmont Stakes 6/7/08


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but a real substantial report thatdiscusses your type of case. Can thereports be obtained directly from thelawyers website, or by calling his officefor a copy?

Knowing this information will makeyou a better informed consumer. Hiringa lawyer is an important part of learningabout your legal rights. Ask lots ofquestions and trust your instincts about

any lawyer you speak to. Good luck

WEREHAVING ACONTEST!

If you can answer the next threequestions correctly, you will win abook called Small Miracles for

F a m i l i e s b y Y i t t aH a l b er s t a m & Ju d i t hLeventhal - a great littlebook about extraordinarycoincidences.

1. Which instructional video that I

created and produced has been viewed

over 4,000 times online? (Hint: It

involves depositions)

2. Which article that I posted online hasbeen viewed over 4,000 times?

3. Which lawyer website compared onemy videos to another lawyers video andpronounced "The winner? Oginski bydirector's verdict. Case closed."

If you think you know the answers, sendme an email on my Quick Contact form on the

home page of my website:

http://www.oginski-law.com

The first person who answers all three questionscorrectly will receive the book and will be highlightedin my next newsletter, along with the answers tothese three questions. Good luck!

I want to talk about referrals and kickbacks. How

many times in the newspaper have you read about abusinessman who made a deal with a company that saidYou send me every one of your workers, and Ill makesure itll be worth your while. In other words, the dealis that if you scratch my back, Ill scratch yours and youwill be paid well for the referrals.

That may be acceptable in some businesses, howeverwhat Im going to reveal to you about referrals tolawyers in New York may shock you...

Did you know that in New York, a lawyer is prohibitedfrom giving a gift to someone who refers a client to himThats right. Let me say it again. If someone refers a

client to a lawyer, the lawyer cannot, under anycircumstances, give a gift, whether its money, or aservice, or anything of value, to the person that madethe referral. Doing so violates the ethical rules thatlawyers in New York must abide by. What? Didnt youknow that there are ethical rules that guide anattorneys conduct? Its true.

There is one exception however. If another lawyer refersa client to a lawyer, and if that lawyer has done somework on the clients case and also accepts responsibilityfor the clients matter, then the original lawyer will beallowed to receive a Referral fee. It doesnt seemquite so fair for non-lawyers, but those are the rules

that attorneys in New York must abide by.

There have been instances where lawyers have paidrunners cash incentives to bring them clients. In somecases those runners worked in a hospital, or a towtruck company, or even a doctors office. Most of thoserunners were caught and the lawyers who hired themsuffered major consequences.

Ive have read about lawyers in some other states offerpeople theater tickets, money, trips to the City, plane



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tickets, limo rides, amusement park rides, and prizes forreferring friends and relatives to injury lawyers.If that were permitted in New York, then you canimagine how competitive the bidding would be forclients. One lawyer would offer a $100 gift certificate.The next would offer a trip to the Bahamas. Anothermight offer a gold watch or jewelry. It would be endless

and would make things so bad for everybody. Somemight argue that the competition would be good forbusiness. In reality it wouldnt. It would create apoisoned atmosphere where every lawyer is alwaystrying to out-do and out-pay the other just to get a casereferral.

Our system may not always work, but I believe its thebest system we have. That is why when you send yourgood friends and relatives to me, the best I can do ispersonally thank you for having the courage to give yourpersonal stamp of approval. A letter of deep-felt thanksis all I am permitted to give.

Remember, from the bottom of my heart, I trulyappreciate and thank you for every person you send tome. When a client calls and says My friend Jane, aformer client of yours, gave me your number, I knowthat Jane thought highly of me and felt that her friendcould benefit from my experience. It is a great feelingknowing that another person values what you do.Hopefully, with dedication and perseverance I will beable to help them they way I have helped you.

So the next time your good friend asks you for thename of an attorney, I hope you will strongly considergiving them your personal recommendation and givethem my name and phone number. I will thank you forit, and so will your friends and family for caring aboutthem enough to give them my number.______________________________________________

A HOLOCAUST

SURVIVAL STORYAn incredibly moving story about my family.

I have to tell you about an amazing project that my daughterrecently completed. It was for the Holocaust RemembranceDay known as Yom Hashoah.

My daughter was the featured speaker at our Synagogue forthe Holocaust Memorial Program this year. Shari is a ThirdGeneration survivor of the Holocaust. The story shedescribed about my mother and her family is a riveting andshockingly descriptive story of struggle and survival duringWorld War II that everyone should learn about. Sharidescribed it so well and I was able to capture the speech onvideo. I strongly urge and encourage everyone to view thevideo. Simply send me an email and Ill send you the link to

watch the video.

This true story involves my mother, her three sisters, herparents and two other family members who were hidden in abunker, a sub-basement, in a home owned by a Polish gentilecouple. What makes the story even more shocking is that theywere hidden for two and a half years in this bunker. To make

matters even worse, the bunker was only about two and half tothree feet high. If that wasnt bad enough, the Germans tookover the house to use as local headquarters for the last sixmonths of their hiding. Watch the video to find out how theysurvived and what the owners of the house had to do to keepour family alive.

Learn what happened when, after the war was over, and mymother and her family were deposited in a nearby village whythey couldnt stand up. The Russian soldiers in town thoughtthey were all drunk. The soldiers were so angered at mygrandparents because it looked as if they got their childrendrunk. The explanation my grandfather gave to the soldierssaved their lives again.

Happy endings- Forty years later, my family located the Polishcouple that saved them from extermination. They brought themto New York where they were honored in a magnificenceremony at the Pierre Hotel in Manhattan. The IsraelAmbassador awarded them Israels highest honor RighteousAmong The Nations for saving the lives of my mother and herfamily. This Polish couple, who could speak no English, were

h o n o r e d a t S tPatricks Cathedra by Cardinal JohO C o n n o r w h o praised this selflesc o u p l e a n dques t i oned whym o r e n o n - J e w sdidnt help duringthe war. PresidenRonald Reagan senthe couple a letterapplauding theircourageous acts obravery.

The reunion madee v e r y s i n g l enewspaper in NewY o r k . N e w s d a ycovered the storywith front pagecoverage two weeksin a row. Everyn e w s c h a n n ecovered the storywith lead storiesabout our familyssurvival during thew a r . I t w a s ar e m a r k a b l e





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experience. The reunion was twenty years ago. To hear mydaughter re-tell this story brings to life the incredible sacrificeswe often forget in our comfortable lives.

I think the story is so compelling that Ive reprinted Sharisspeech here in its entirety:

Third Generation Shoah Survivor

Project- Shari Oginski My name is Shari Oginski and I am 14 years old. Iwould not be standing here today on Yom Hashoah had it notbeen for the Righteous Gentiles who risked their lives to savemy Grandma Miriam and her family.

I have the privilege of being a third generation witnessto the Shoah- to pass down my grandma Miriams unbelievablestory of survival during the Holocaust, from generation togeneration. LDorvador.

It was Poland-1942-The Nazis had taken over andtheir mission was to exterminate all Jews.

My grandma Miriam was the youngest of fourdaughters born to Liebka and Gitel Radca, in a small town inPoland called Nowy Korchen. She was 5 years old. Her oldersisters were Rita 15, Zahava 10, and Sarah 9.

Before the war, 4000 Jews lived in Nowy Korchen.My great grandpa Liebka was a successful businessman owninga soda factory and a shoe business. He was well off and wellrespected in the community. He was especially close to aChristian man named Yusef Macugowski, who worked forgrandpa Liebkas brother in law. As the Nazis became more powerful, Yusef promised grandpa Liebka that if things gotworse he would be there to help them.

In 1939 the Germans came into Nowy Korchen andtook over great grandpa Liebkas factory. The leader, alsoknown as the Komisar, liked great grandpa, and told him thatno matter what happens to the town and all of the other Jews,he himself would be fine. My great grandpa then asked theKomisar what would happen to his family and to his children-The Komisar told him they would go to "Himelshuler"- the shulin heaven. At this point great grandpa knew he had to developa plan if he wanted his family to survive. He felt that if hespread the family out, there would be a better chance that some

or all would survive. First, Rita the oldest, would be sent tohide with one family. Second, his widowed mother and hissister would be sent to live with another family. Third, Liebka,Gitel and the remaining 3 girls would hide with a third family,the family of Yusef Macugowski.

Then it happened- April 1942- the night of theroundup. All Jews in Nowy Korchen were called into the towncenter to line up for transport to Bergen-Belsen. GrandpaLiebka took advantage of the chaos in the streets, and whilewhispering to his family to follow him, he miraculously led

them, unnoticed to the Macugowskis home. The Radcasthought they would have to be hidden for a night or two atmost, but ended up being there for a treacherous 2 and a halyears.

At first the family hid in Yusef's barn with the animalsfor a few days. During that time, Yusef and great grandpa tried

to make the bunker deeper by digging with shovels under thekitchen subbasement. Once they dug deeper than 2 and 1/2feet, they hit water and they could go no more. Instead theymade the bunker wider. There was a removable floorboard thacovered the underground bunker.

A young cousin of my grandma Miriam also wound uphiding in the bunker with them. Her name was Sarah BachSara and one of her brothers found themselves on a trainheading to the camps. Her brother knew this was not good andthey were destined for death. The box car had windows on topand her brother made the lifesaving decision to throw 8 yearold, Sarah out of the window. She miraculously landed in thesnow, and found her way back to the Macugowskis house

where she too was taken into the bunker.

When the media interviewed my grandma Miriamabout life in the bunker she said, There was no light in the bunker, and it was 2 and a half feet high and 5 feet by 7 feewide. It was like a living grave. We could only go on our handsand knees. When one turned on his side the others would haveto do the same. Steffa and Yusef communicated with greatgrandpa Liebka and the rest of the family through a metal pipein the kitchen that went down to the sub-basement. A kerosenelamp was used sparingly for light. In the beginning Steffa wasable to give them food and water daily, and remove the buckeof waste. Everyone went to the bathroom in the same bucketwhich was sent up to be cleaned by Steffa once a day. Theyreceived very little food, and everyone tried to pass on theirshare so that someone else would have, and they especiallytried to save more for my grandma Miriam, the baby. One timea neighbor was in the bakery with Steffa and saw her buyingextra bread, and questioned her. Steffa was scared and startedgoing to other towns to buy the extra bread.

In the bunker, great grandpa taught his family Hebrewand read to them from a bible. Steffa and Yusefs two daughtersand other family members who lived directly across the streetnever knew that they were hiding Jews. One night my aunZahava couldn't take it anymore, and she came out of thebunker and walked around the kitchen-the Macuogowskis littledaughter saw her, and told her parents that she saw a real livedoll walking around the kitchen-They scolded her and told heshe was having a dream about a doll. If anyone found out thatthey were hiding Jews, the Nazis would have killed the entireMacugowski family.

In the last six months of the war, the Nazis decided tomake the Macugowskis house their headquarters and orderedthe family out their own home. For days there was no food inthe bunker. Steffa begged the Nazis to be caretaker, to cook andclean for them, in return for being able to remain in the houseDuring this time, Steffa was only able to get food and water to





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them 1 or 2 times per week. They were scared and felt hopeless.In an interview in 1986 my great Aunt Zahava said, Manytimes we pleaded with the Masugowskis to bring us poison or agun. The Masugowskis refused and told us, as long as we arealive, we are going to keep you alive.

Because of the pipe leading from the kitchen to the

bunker, everyone in the bunker could hear the Nazi's abovethem. The Nazis talked about the dirty Jews and how happythey were that their town was Judenrein=free of Jews. Myfamily heard the Nazi officers radio that they were looking forone last Jewish family hidden somewhere in the town - theRadcas. Soon afterwards the Nazis radioed back that they hadstopped their search because the Radca family had drowned andtheir bodies were found in the Vistula River - a rumor thatYusef Macugowski had successfully spread from another town.

When the war ended Yusef told great grandpa it wassafe for them to come out. In the middle of the night, they leftunder the cover of darkness. The Macugowskis took theRadcas to a different town, because if their neighbors learned

that they saved Jews, they would all be killed. The Radcafamily was seen the next morning rolling around on the groundin the town square- they could not stand up or walk after not being erect for 2 and 1/2 years. In the square there wereRussian soldiers, and the soldiers thought the family was drunk.They threatened to kill the entire Radca family, especially greatgrandpa, because they thought that not only was he drunk, buthe got the kids drunk as well. Great grandpa was able toexplain to them that they were liberated Jews and they couldn'twalk, and their lives were spared.

My family went back to their town, Nowy Korchen, but no one was happy to see them- all the Jewish homes hadbeen taken over by Polish gentiles. They had no place to go, sothey stayed at an inn. There they were firebombed, and left thetown, once again fearing for their lives.

My family then went to Germany to a DP camp. Nobody knew where Rita, my grandma Miriams oldest sisterwas. Rita was originally hidden by a Polish family. Theyeventually forced her to leave because of a sermon that theirpriest gave. The priest said that the Jews killed Jesus, and evenif people wanted to go against the Germans, that was one thing,but you can not go against G-d.

My great aunt Rita was forced to sneak back into theGhetto. All of the Jews were being loaded onto open trucks.They were separating the Jews - one truck was women, childrenand elderly people. The other truck was healthy men. Ritafound herself with the young kids and old people and sherealized that this would mean death. She was about 15 yearsold, and she tried to get herself off of that truck and onto theother, but couldn't. Henry, a family friend, and the man mygreat aunt Rita later married, saw her. He reached in and pulledher onto his truck. In a short while, she watched all the childrenand elderly people line up and get shot.

She was taken to Bergen-Belsen, and Henry was sentto Buchenwald.

After the war, my family was told that my great auntRita had died. In a 1987 interview, my great aunt Zahava talkedabout the day that they found out that Rita was actually aliveOne day my mother and I were walking when we saw a littlegirl with a shaved head get out of a car and walked toward myaunts house. She looked at us and said that she had read in ourhome town registry that the Radca family had survived. We

were going to walk right past her until my mother stopped inamazement and said, its you its you! Ritas head was shavedand she was skin and bones, but at last they were reunited. Ritamet Henry again in the DP camp- they got married there andhad a baby.

In 1986 my family brought Yusef and SteffaMacugowski to the U.S. They were honored at a ceremony atSt. Patrick's Cathedral as righteous gentiles. The Macugowskiswere accorded Yad Vashems designation as Righteous Amongthe Nations.

In Judaism, it is said that if you save a single person, itis as if you have saved the entire world. (I will be saying this in

Hebrew as well.)

Yusef and Steffa Macugowski are responsible not onlyfor saving 7 people in my family in that bunker- they areresponsible for the lives of the 50 Radca descendants, and manymore to come. I am one of the 50.

Tonight on Yom Hashoah we remember those whosurvived and those who did not, may we never forget them, andmay their memory be for a blessing.




Shari is pictured here with my mothers sister, Sarah

Weiner, one of the survivors who hid in the Macugowskis

bunker for two and a half years. Aunt Sarah was gracious

enough to join us for Sharis heartfelt speech on April 30,

2008 at Temple Israel of Great Neck.
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A Fun, Informative and Creative Newsletterby Gerry Oginski

NEW YORK INJURY TIMES

The Law Office of Gerald M. Oginski, LLC25 Great Neck Road, Suite 4Great Neck, N.Y. 11021

Gerry Oginski, Your New York Medical Malpractice & Personal Injury Lawyer



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