Joseph Jonathan Brophy’s Answers

Joseph Jonathan Brophy

White Plains Ethics / Professional Responsibility Lawyer.

Contributor Level 20
  1. Can I sue for being uninformed of risks of Coumadin?

    Answered about 1 year ago.

    1. John L. Schroeder
    2. Joseph Jonathan Brophy
    3. Armen Michael Tashjian
    4. Christopher John Gansen
    5. Christian K. Lassen II
    6. ···
    11 lawyer answers

    If there is a potential case it would not be a products liabiity case because the risks of coumadin are well known to doctors It is almost certainly not a claim based on informed consent, either for reasons too technical to explain in an answer to an Avvo question. It is up to the doctor to prescribe coumadin correctly and monitor the patient correctly. So if there is a case it would be based on medical malpractice. I have handled similar cases in the past with success and other lawyers have...

    15 lawyers agreed with this answer

  2. I want to know if I have enough facts to pursue legal action.

    Answered about 3 years ago.

    1. Michael J. Brooks
    2. Joseph Jonathan Brophy
    3. Andrew Daniel Myers
    4. Christian K. Lassen II
    4 lawyer answers

    Mr. Myers advice is good and for the most part I agree with it. There is something called a workers compensation bar that prevents you from suing your employer. There is also a short statute on workers compensation cases. Your daughter was not an employee and in theory might be able to sue your employer for injuries to her before she was born. But, there is going to be a very serious problem proving that her problems were causally related to the Combovir you took. Cases of this sort are...

    15 lawyers agreed with this answer

  3. I am deeding my house to my children and reserving a life estate. House is worth $400,000 but I only paid $50,000.

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. Robert Miller
    3. Roman Aminov
    4. Bruce Givner
    5. Jason W. Stern
    5 lawyer answers

    There are upsides and downsides. You want to make your children feel more secure, and that's good. Conveying an interest to your children now may protect the asset from a Meidcaid lien if you run out of money and need long-term care in the future. The problem with conveying a life estate is that if you need to sell the house later, it will be much harder to do so and the money will no longer be available to you. You may wish to consider conveying the house to a trust with your children as the...

    13 lawyers agreed with this answer

  4. How much compensation can I expect for pain and suffering? How can I get the maximum amount for pain and suffering?

    Answered about 2 years ago.

    1. Majid Seyfi
    2. Carlos J. Jimenez
    3. Joseph Jonathan Brophy
    4. Justin Drayton Graham
    5. Michael Raymond Daymude
    6. ···
    10 lawyer answers

    It's fine for lawyers to boast about their past successes and tell you what a good case you have, but don't don't start counting your settlement money yet. What you recover may very well be limited by the available insurance. Your medical bills may end up coming out of your recovery, depending on what kind of coverage there was for medical expenses. You definitely need to retain a lawyer. The insurance companies are not in business to give away money and they always try to take advantage of...

    14 lawyers agreed with this answer

  5. Daughter had to get mandatory flu shot for work and went into coma and now in permanent wheelchair for life. What can we do?

    Answered about 2 years ago.

    1. Joseph Jonathan Brophy
    2. Eric Edward Rothstein
    3. Marco Caviglia
    4. Christian K. Lassen II
    5. Joseph Gerard Dell
    5 lawyer answers

    Injuries caused by vaccines are handled administrativly through the US Court of Federal claims, not as malpractice or personal injury lawsuits. Basically, the victim has to prove that the injury was caused by a covered vaccine and receives compensation. It is unnecessary to prove fault, although causation can be a challenge in some cases. It is easy enough to find a lawyer who handles such claims. Just google vaccine injury lawyer.

    12 lawyers agreed with this answer

  6. I was attacked in my apartment building, does the fact that my attacker was a neighbor bar me from any action against building?

    Answered about 3 years ago.

    1. Joseph Jonathan Brophy
    2. Mary Katherine Brown
    3. Jeffrey Lee Weinstein
    4. Jeffrey Bruce Gold
    5. Christian K. Lassen II
    5 lawyer answers

    What you are describing is a negligent security claim against the building owner/management. Such claims are not barred by New York law as they are in Texas, but they are not easy either. You have to prove that proper security could have prevented your injuries, and your financial recovery from the building- if you are entitled to any- is partially offset to the extent ot the assailant's responsibility. I do not handle these cases myself, but if you don't find a lawyer on Avvo to help you,...

    12 lawyers agreed with this answer

  7. I won a case in Court for a malpractice in 2010 a large amount of money, my attorney was happy we won but then he told me a bad

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. Peter McGrath
    3. Christian K. Lassen II
    4. Eric Edward Rothstein
    5. Jeffrey Ira Schwimmer
    6. ···
    8 lawyer answers

    Sometimes a bankruptcy only delays a recovery, sometimes it reduces it, sometimes it makes it impossible to collect anything. Your attorney is in the best position to answer this question.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can I file a medical malpractice lawsuit before my child turns 21 ? I need NEW JERSEY attorney specialize in tolling ?

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. Aneliya M. Angelova
    3. Patrick X Amoresano
    4. Christian K. Lassen II
    5. John L. Schroeder
    5 lawyer answers

    Once your child turns 18 you can no longer file a lawsuit as parent and guardian. Unless your child has a legal guardian, nobody has capacity to sue on his or her behalf.

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  9. How should I approach wage, medical, loss of earning capacity, loss of consortium and other claims against auto insurance?

    Answered over 1 year ago.

    1. R. Alfred Patrick
    2. Joseph Jonathan Brophy
    3. James Kevan Minick
    4. John L. Schroeder
    5. David Ian Schoen
    6. ···
    9 lawyer answers

    Knowing the terminology lawyers use doesn't qualify you to handle a personal injury claim, or even evaluate it. You should get a good lawyer and let the lawyer handle it. If you try to represent yourself the insurance company will take advantage of you.

    13 lawyers agreed with this answer

  10. Res Ipsa Loquitur, What is outcome of such cases? I think the actions of dentist can be surmised as such?

    Answered over 1 year ago.

    1. Todd M. Davis
    2. Joseph Jonathan Brophy
    3. Christian K. Lassen II
    4. C. Donald Briggs III
    5. David Ian Schoen
    6. ···
    6 lawyer answers

    Res ipsa loquitur is a legal principle at permits a negligence claim to be proven based on circumstantial evidence. It rarely applies to malpractice claims. In dental malpractice, if the dentist intended to pull tooth #22 and pulled tooth #24 by mistake, that might be a res ipsa loquitur claim. In almost all other situations, expert opinion is required. You cannot reasonably expect the governor to get involved in your dental complaint. You have to go with the agency or find a lawyer who will...

    13 lawyers agreed with this answer