Joseph Jonathan Brophy’s Answers

Joseph Jonathan Brophy

White Plains Ethics / Professional Responsibility Lawyer.

Contributor Level 20
  1. Ectopic pregnancy and salpingecyomy, can I sue the hospital after 5 years?

    Answered over 2 years ago.

    1. Joseph Jonathan Brophy
    2. Jeffrey Bruce Gold
    3. Jacob Adam Regar
    4. Christian K. Lassen II
    5. J Charles Ferrari
    6. ···
    6 lawyer answers

    Under NY law you have 2 1/2 years to sue for medical malpractice with very few exceptions. The most important one is for minority. If you were a minor when it happened, the statute would be extended until 2 1/2 years after your 18th birthday or 10 years from the occurrance, whichever comes first.

    9 lawyers agreed with this answer

  2. Need a lawyer in each State for an emerging class action. Medical Malpractice / Breach of Consent Laws / Corticosteroids

    Answered 8 months ago.

    1. Joseph Jonathan Brophy
    2. Michael Charles Doland
    3. Rixon Charles Rafter III
    4. C. Donald Briggs III
    5. Paul J Molinaro
    6. ···
    8 lawyer answers

    The side effects of corticosteriods are no secret.

    Selected as best answer

  3. Why is that citizens can't retrieve legal advice?

    Answered 9 months ago.

    1. Colin Christopher Murphy
    2. Joseph Jonathan Brophy
    3. Michael Charles Doland
    4. Brendan Michael Kelly
    5. Robert Jason De Groot
    6. ···
    8 lawyer answers

    It's not the law, it's the money. Very few criminal defendants get really first rate representation because they can't afford it. Legal Aid is under funded everywhere and overwhelmed with work. Legal Aid lawyers can't devote the amount of time to cases that privately retained lawyers do.

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  4. My grandmother's will lists all her children and dead uncle and not my father who predeceased her. Can I contest the will?

    Answered about 1 year ago.

    1. Joseph Jonathan Brophy
    2. Julie Court Molloy
    3. Christopher W. Vaughn-Martel
    4. E. Alexandra Golden
    4 lawyer answers

    If the Will is to be contested, it would be in the state where it is being offered for probate. That should be where your grandmother resided. You are being notified of the probate of the Will because you would be an intestate heir, and are excluded from the Will because your father was not mentioned. A Will contest is a difficult and expensive undertaking. Consult with an estate litgation attorney in the state where the Will is being offered for probate before you sign anything.

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  5. Terrible back pain & femoral nerve damage ever since child birth with an epidural. Could this be a medical malpractice?

    Answered 9 months ago.

    1. Ian Thomas Valkenet
    2. Joseph Jonathan Brophy
    3. David Ian Schoen
    4. Frank William Spector
    5. David A. Papa
    6. ···
    6 lawyer answers

    This is a tough one to prove, as nerve damage can occur in a labor- though rarely. There are some good medical malpractice lawyers in your area. I suggest you make some calls. They are happy to give free consultations on the phone and if your case seems promising, they will take it on contingency.

    10 lawyers agreed with this answer

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  6. How to get trustee dismissed after accounting fails probate hearing? What forms/motions to file?

    Answered over 1 year ago.

    1. Charles Adam Shultz
    2. Joseph Jonathan Brophy
    3. James P. Frederick
    4. Michael Leo Potter
    4 lawyer answers

    This is not a DIY project. You need a probate lawyer to do this properly. If you try on your own you are going to drive yourself crazy.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can Attorney fees be considered economic harm or injury in a legal malpractice lawsuit?

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. Don Karotkin
    3. Fareesh S. Sarangi
    4. Robert Bruce Kopelson
    4 lawyer answers

    Every case is different and state laws differ, so please understand that what follows is general information. Yes, under certain circumstances legal fees can be an element of damages in a legal malpractice case. For example, if you pay a lawyer for work and he botches the matter or engages in a conflict of interest, you can sue him to pay back the fees. If a lawyer's mistake requires you to spend money on legal fees to fix it, those expenses may be recoverable as damages in a legal malpractice...

    10 lawyers agreed with this answer

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  8. How can I find out how much the settlement was for my father's wrongful death?

    Answered over 1 year ago.

    1. Joseph Jonathan Brophy
    2. Benjamin Martin Andrews
    3. David J Don
    4. Christian K. Lassen II
    5. Robert Joseph Stoney
    5 lawyer answers

    Since your father had minor children when he died, most likely there was a court approval for the settlement that would be on file in the county where the case was filed. Forget about on line for a case settled such a long time ago. You will probably need to visit the courthouse, talk to the court clerks to locate the file, and ask them to retrieve it from storage. Different state practices vary, but in NY at least closed court files are maintained almost indefinitely. If you know the name of...

    10 lawyers agreed with this answer

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  9. Is there a way to stop or pause trial set to start in personal injury product defect brain damage case ?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Joseph Jonathan Brophy
    3. Joyce J. Sweinberg
    4. Christian K. Lassen II
    4 lawyer answers

    You are in a very tough spot, as you already know. No reputable lawyer would inform his client only weeks before trial that experts were needed. But changing lawyers at this stage is going to be almost impossible. To prove up a product liability case, experts must be involved from the very beginning. Generally one doesn't even file a products case without an expert opinion and that costs money. Whose responsibility it is to pay what depends on the terms of the retainer. Read your retainer...

    10 lawyers agreed with this answer

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  10. Does my deceased mother's will have to be probated?

    Answered 10 months ago.

    1. Joseph Jonathan Brophy
    2. Eric Edward Rothstein
    3. Donna R Blaustein
    4. Denise Leydon Harvey
    4 lawyer answers

    If real estate passes through a will, the will needs to be probated. You status as heir has nothing to do with it. Think long and hard before going for a reverse mortgage. If you can't afford to keep the house, geting a reverse mortgage just delays the day of reckoning.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful