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Joseph Jonathan Brophy

Joseph Brophy’s Legal Guides

13 total


  • Federal Tort Claims

    You have two years from the date of the injury to file a Form 95 with the responsible Federal agency. The Form 95 must state a specific claim in dollars and cents and that amount claimed will serve as a limit to what you can sue for if the agency doesn't adjust the claim adminis...

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  • Ten Things to Know About Medical Malpractice Lawsuits

    Joe Brophy has been handling medical malpractice cases for injured patients and their families since the late 1970s. These ten rules are a distillation of his experience. 1) Malpractice cases are very difficult and expensive to handle. Cases without very serious injuries are r...

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  • Legal Malpractice – A Primer for Non Lawyers

    Legal malpractice and breach of legal ethics are not the same thing. It is common and understandable, that non lawyers do not understand this very important distinction. The same situation may both involve malpractice and ethical issues, but the two concepts are very different a...

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  • Informed Consent to Medical Care

    The principle of informed consent to medical care has its origins in the law of battery. One who touches another without consent must answer in damages for all injuries that are caused by the contact. A physician must have the consent of his patient to render medical, and in par...

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  • Wrongful Death Law and Procedure in New York

    People who have lost loved ones due to the negligence of others are often surprised to learn that New York wrongful death law does not permit recovery for their grief. Damages for wrongful death are limited to two basic elements; economic damages to those dependent upon the decea...

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  • Foreign objects left in the patient

    Everyone has heard stories about surgeons leaving instruments in patients' bodies. It seems obvious even to the courts, that it is an act of negligence to leave something in the body after it has served its purpose. Objects introduced into the patient's body to serve a temporary ...

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  • Misdiagnosis of Cancer

    Misdiagnosis or delayed diagnosis of cancer can have terrible consequences. This guide summarizes what must be proved in a cancer misdiagnosis case, gives examples of more commonly misdiagnosed cancers, and gives some advice about what to do if you or a loved one may need a lawyer to help you.

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  • Statute of Limitations and Legal Deadlines in New York

    New York Statutes of Limitations and Legal Deadlines - A Primer A statue of limitations is the legally defined time period for commencing a given type of court proceeding. Legal deadlines may apply t

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  • Handling Client Funds - A Primer

    There is a strict requirement that clients' funds must always be held in accounts separate from any of the attorney's money. Large amounts of money, or money being held for months or years, should generally be placed In a separate account for the benefit of the individual client,...

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  • Medical Malpractice - Frequently Asked Questions

    What Is Medical Malpractice? Medical malpractice is a catch-all term for negligence, that is, lack of care, in the course of rendering health services. Who May Be Liable For Medical Malpractice? Alth

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