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Joseph Jonathan Brophy

Joseph Brophy’s Answers

4,134 total


  • Defamation / Slander by NYPD- cease and decist order?

    I was disqualified by the NYPD for Character Issues during the backround Investigation. I appealed the DQ, and Lost. The NYPD Legal Brief filed with Civil Service Commision contains grossly exaderated, non factual and deceptive statements that are...

    Joseph’s Answer

    Any legal action against the NYPD based upon the conduct alleged in your question will be a non starter, a waste of your time and money.

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  • Can I still have dad's estate distributed according to state intestacy laws? My father died intestate 15 years ago.

    He is survived by his wife (my mom), my brother and me, all adults when he died. My father had always told us that my mom should inherit his entire estate, which was primarily the homestead in NY, to which he held sole title. Immediately after th...

    Joseph’s Answer

    In theory there is no time limit in NY on when a proceeding for intestate adminiatration may be filed. But the facts as stated in the question don't seem to support your desire to commence a late proceeding. There is no way title to a house not in joint names could have been conveyed to your mother, unless you signed off on the transfer as a distributee- or there was a judicial administration proceeding. There is clearly more to the story. If you are serious about this, you will need to consult with a skilled probate attorney. Be prepared to spend some serious money on legal fees.

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  • Brother and sister are both attorneys, do they have attorney client privilege in a transaction if a fraud has been committed?

    Brother (attorney) forged loan documents and took a second mortgage on a home owned by his ex-wife (she had no knowledge). His sister (also attorney) paid off the mortgage to hide the forged documents loan. Can she avoid ethics violation by claimi...

    Joseph’s Answer

    Once a complaint is made to the disciplinary committee, claims of attorney client privilege go out the window. The committee won't let a lawyer claim privilege to cover up his or her wrongdoing.

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  • How do you file a complaint against a lawyer if they have not represented you correctly/or acted in your best interests?

    Custody agreement that went on too long and lawyer wasn't fully prepared when going to trial even though they had all information. Knowingly went into court unprepared and didn't acknowledge to the judge..they had the information.

    Joseph’s Answer

    Your question does not contain any information that would support a complaint to the local disciplinary committee.

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  • Does an attorney have to show work was done?

    I retained an attorney after learning that a complaint may have been filed against me. It turns out that nothing was filed and the county rejected the case. This attorney has not provided me with any documentation and continues to tell me a case...

    Joseph’s Answer

    You have a perfect right to an itemized bill, and also to review your attorney's file. That should show you what work has been done. If the attorney refuses to provide an itemized bill or to give you access to your file you can complaint to the local disciplinary commmittee,

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  • I would like to know if I can file a medical Malpractice suit?

    I had an anesthesiologist implant a nerve stimulator in my back for chronic pain. and kept me infected for four months. He just kept taking me to surgery for debrievement to try and remove the infection. But he wouldn't take it out as I wished.Eve...

    Joseph’s Answer

    Infectin is a risk of any surgery, including implanting a nerve stimulator. If the infection cleared up after the device was removed, so there was no permanent injury, it is highly unlikely that you have a winning case. If there was a severe permanent injury, it would be worth your while to consult with a medical malpractice lawyer. Such consultations are generally free.

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  • What can I do in this violation of my medical privacy?

    I am an adult who was recently prescribed a medication for a private condition. My mother went to the pharmacy to get a prescription of her own, and the pharmacist informed her that I also had a prescription there and allowed my mother to fill and...

    Joseph’s Answer

    New York does not recognize a right to sue for damages for violation for medical privacy. Neither is there such a right of action under Federal law. Accept the pharmacy's apology and move on.

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  • My husband, Marine and a great man, passed away at 41 because of his first doctor's negligence. Do I have a case?

    My husband was quickly losing weight, had constipation problems and severe abdominal pain. 11/20/13 we went to this family doctor who ordered an ultrasound in another facility. At the follow up Dr. had results in his hands and he said there is no ...

    Joseph’s Answer

    The laws of TX make it particularly difficult to win medical malpractice cases. The fact that your husband already was losing weight quickly, was in pain and had lesions in his liver in November 2013, and the diagnosis was made less than three months later, suggests to me that it is likely he already had advanced cancer at that time. If that is true, there is probably no basis to sue. But nobody can say if you do or don't have a basis to sue anybody without a full investigation. You should certainly consult with a medical malpractice lawyer and do so soon. I hope at least you can get some better understanding of what happened.

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  • Can a reversal of an adult guardianship proceeding be filed, after the court assigned a professional guardian?

    Based on false affidavits submitted to the court, forged signatures by attorney for the petitioner, and the judge accepted all the forged documents as factual evidence, the judge would not allow the petitioner to speak on behalf of the case, becau...

    Joseph’s Answer

    It is possible to petition the court to reverse itself and vacate a guardianship based on new evidence. Such petitions are rarely made and even more rarely granted. I doubt that the media will be interested unless the ward is rich and famous. Even if there is media coverage, it is unlikely to help vacate the guardianship.

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  • If a surgeon doesn't compete your care after and you end up having to have a much bigger surg plus have damage is it mal pract?

    I had a back fusion and three mths out my surgeon said he didn't help me and said I should see someone else, I had a full hardship at that practice due to no insurance, so they knew I couldn't go anywhere else and now I have to have a much bigger ...

    Joseph’s Answer

    Malpractice cases are tough in general and cases alleging malpractice in spine surgery are particularly difficult in part because so many spine surgeries have bad results even when handled perfectly. That's not to say you don't have a case, but you may need to speak to more than one medical malpractice lawyer before you find one who will look at your case. It will require probably a detailed investigation to determine whether you have a case, and many lawyers will be reluctant to make the investment.

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