NY Doctor Prescribes Medication Causing Gastric Ulcer & Death; Valid Case?

NY Doctor Prescribes Medication Causing Gastric Ulcer & Death; Valid Case?


He had horrible joint pain every single day.
It was so difficult to move. Every part of his body hurt. He went to his orthopedist
and his orthopedist described a medication for his arthritis and he began to take that
particular medication and he took it for a number of months. The problem was he didn’t
know that medication was literally killing him until one morning he woke up in excruciating
pain. He wound up vomiting tremendous amounts of blood and by the time an ambulance was
called he lapsed into a coma and ultimately died on the way to the hospital. You want
to know what this is about? Come join me as I share with you this remarkable story. Hi,
it’s Gerry Oginski. I’m a New York medical malpractice and personal injury trial lawyer
practicing law here in the state of New York. It’s a beautiful evening here in Great Neck.
My cat is outside, he’s standing at my feet. And now I want to share this great information
with you. It turns out that this medication that the orthopedist prescribed wasn’t a
medication approved for patients with arthritis. But what he didn’t tell the patient about
is that it could also cause gastric ulcers, an ulcer that literally eats away at the stomach
lining to the point where it ate it away. And now what happened in this case is that
the ulcer ruptured and he had massive internal bleeding ultimately leading to his death.
Now the family came to me and they said please help. And what did I do? Not only do we have
to bring a lawsuit against the orthopedist about the fact that he never should have given
this patient this medication, plus we had to go after the drug manufacturer claiming
that this drug was not appropriate for this type of patient. So now here you have two
competing interests. You have the drug manufacturer who puts a product out onto the marketplace
and now you have a doctor who takes that medication and then prescribes it to the patient. Don’t
you hear all these advertisements that say talk to your doctor and maybe he’ll prescribe
this medication? Well the patient relies on the doctor. And in law there’s something
known as ‘a learned intermediary doctrine.’ Now what does that mean? It means that if
you have a product that you’re putting out into the marketplace designed for consumers
to take a medication, now you have a doctor who is the learned person here. He knows all
about this and the drug manufacturer gives them – literally gives them – all the
information about this particular medication, the pros and the cons and the risks and the
benefits. And now it’s up to the doctor together in discussion with the patient to
go ahead and have an educated, informed discussion known as ‘informed consent.’ Now I will
share with you that in this case the doctor never had that type of discussion. Not only
do we have to battle the drug manufacturer in that case but we also had to go after the
orthopedist because it was our claim that the doctor never had that discussion and never
should have given this patient that medication. So why do I share that great information with
you? I share this story with you just to give you an insight and an understanding into one
case that I handled involving a gentleman who died as a direct result of medication
he took that he should have never been given. You know, I realize you’re watching this
because you likely have questions or concerns about your own particular matter. Well if
your matter happened here in New York and you do have legal questions, what I encourage
you to do is pick up the phone and call me. I can answer your legal questions. You know,
this is something that I do every single day and I’d love to talk to you. You can reach
me at 516-487-8207 or by email at [email protected]nski-law.com. That’s it for today’s quick video. I’m
Gerry Oginski, have a wonderful day!

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