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NY Breast Cancer Victim Sues for Medical Malpractice...Can She Claim Lost Wages? http://www.oginski-law.com/library/breast-cancer-survivors-do-you-really-think-your-doctor-misdiagnosed-your-cancer.cfm NY Medical Malpractice & Personal Injury Trial Lawyer 516-487-8207 Email: Gerry@Oginski-Law.com When you bring a claim for medical malpractice here in New York, if you have been unable to work as a result of the carelessness of the doctors or hospitals who treated you, then we would be able to include a claim for lost earnings. What if your coworkers graciously donated their vacation time to you and you were not penalized by your employer for being out of work for an extended period of time? In that instance, would you still be able to bring a claim for lost earnings? In New York, the answer would be no. An injured victim is not allowed to collect twice for the same type of claim. Even though the breast cancer victim was unable to work for a lengthy period of time, if the employer continued to make payments to her, for whatever reason, then she would be unable to claim that she lost money from work because of a doctor's carelessness. The fact that her coworkers donated their vacation time to her means that her employer did not penalize her for being out of work for that length of time. If however, she remained out of work for treatment and rehabilitation and her employer either fired her or would not pay her wages, then she is entitled to bring a claim for lost earnings from the time of the misdiagnosis up until trial. In addition, if she is unable to work into the future then she would be able to bring a claim for future lost earnings as well. Watch the video to learn more... Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6 To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/breast-cancer-survivors-do-you-really-think-your-doctor-misdiagnosed-your-cancer.cfm. If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you. Law Office of Gerald Oginski 25 Great Neck Road, Ste. 4 Great Neck, NY 11021 516-487-8207 Email: Gerry@Oginski-Law.com
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