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Joseph Gerard Dell
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Joseph Dell’s Answers

185 total


  • I Overheard Police Officer Siding in Court

    I reported my arresting officer for police misconduct. When I was in court I overheard him talking to the prosecutor bad about my neighbor. The defendant chimed in and confirmed what the officer said. I felt this was against the law and prejudi...

    Joseph’s Answer

    The police and the prosecutors office work together on criminal matters. The law in New York and almost all jurisdictions give them qualified immunity to speak with each other and to even make certain statements and allegations against citizens. There is no case or claim for what you overheard. Clearly if the officers is wrong or worse trying to sway the prosecutor - the conduct is unethical and immoral but not illegal.

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  • What are possible compensations for VA medical malpractice? Can family members be compensated as well?

    My father had cardiac cath done at VA Hospital in NY. The results showed server coronary stenosis. The VA cardiologist never called to give instructions on follow up care. Three weeks later my father was rushed to the hospital with shortness of br...

    Joseph’s Answer

    In order to have a malpractice case regardless of who the defendant is (VA or a private hospital or physician) you must be able to show that the failure to diagnose the occluded vessels would not have required the triple bypass three weeks earlier. If the medical as establish that your father needed the triple bypass and regardless of the delay had the bypass and has survived the ordeal then there are not real damages that can be sued for. This his is because regardless of the misdiagnosis and delay he needed the triple bypass anyway. Thankfully he had it and hopefully he is on his way to a great recovery. If he has a deficit due to the delay then he can sue. His spouse can sue, but his "family" cannot sue. The only way for children to sue is if they are dependent upon dad for support or are under the age of 21.

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  • If someone knows they have an std and gives it to you without telling you they had it can I sue?

    HPV

    Joseph’s Answer

    You can sue and some homeowners liability carriers will cover the injury depending on how artfully the lawsuit is worded. You want to stay away from intentional act language and focus instead on negligence and recklessness.

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  • Is there much difference if I go to a personal injury lawyer after the treatments are completed?

    I got injured in the car accident but have not hired a lawyer yet. The other car insurance has taken liability and paid my vehicle damage. I plan to hire a lawyer to handle my injury case after my treatment is almost completed because I need more ...

    Joseph’s Answer

    By waiting to hire a lawyer until after the treatment is over you delay the filing of a lawsuit and there prolong the length of the case. This will have negative effects on the case because if you are deposed after the treatment is complete your testimony will assist the defense in making a motion to dismiss for lack of a 5102(d) serious injury. In addition, you prolong the length of your case which is never a good position to be in. My response is my general opinion and my recommendatio to you is to hire counsel ASAP.

    At my firm we file our client's lawsuit immediatley. That way when depositions roll around our clients are still treating.

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  • Can bar be sued if person was knocked unconscious by patron then dragged out of bar unconscious and left by bouncer?

    On New's Year's Eve patron was sucker punched by another patron and knocked unconscious. Bouncer then dragged victim out of the bar unconscious and left him on sidewalk. Police arrived and asked victim who was still out of it if he wanted to press...

    Joseph’s Answer

    First he needs to determins if there is a videotape of the assault at the bar. SOme bars maintain video security cameras. Second, he needs to be able to testify whether the assailant was visibly intoxicated and that while visibly intoxicated was served alcohol. If that type of testimony is possible then he has a Dram Shop claim against the bar. In addition I would argue that the bar had a duty to restrain the assailant and call the police. No bars do this, but if you think about it logically they have a duty tp protect their patrons and I would argue that the duty continues post assault.

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  • Can I sue my dentist for over prescribing me antibiotics which almost killed me? Also this was in 2008 is the statue of limitati

    I went to my dentist for an abcess and she prescribed a 10 course of antibiotics. After completing the drug therapy prescribed I returned to the dentist but I was still a bit sore and swollen. At this time she gave me a second course of antibioti...

    Joseph’s Answer

    If you were treated and were over 18 years old at the time then the time limit to sue the dentist, assuming there was malpractice, ended 2 and 1/2 years after the event and/or the last date of continuous treatment. So it would appear to me that regardless of the potential merits of the claim the time limit for which to bring the lawsuit has expired.

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  • Is this malpractice?

    My wife had knee problems in 2006 and the Dr noticed a bubble in the bone on an mri and dismissed it. Now 8 years later her knee gave out and a new mri revealed th.e spot doubled in size. It is a rare form of cancer where they remove the section o...

    Joseph’s Answer

    If she hasn't seen the original doctor since the misdiagnosis in 2006 then her time to file a lawsuit has past. In NY for a case like this the time to file a lawsuit is 2 and 1/2 years from the date of the malpractice or 2 and 1/2 years from the last date of continuous treatment by the same offending doctor and for the same condition, symptoms and complaints.To more accurately answer the question additional information regarding treatment since 2006 would be necessary.

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  • What is the statute of limitations for filing a lawsuit against a hospital for care rendered in Sept 2012?

    Post op allergic reaction to laytex

    Joseph’s Answer

    It depends upon whether this is a municipal hospital or a private hospital. Each have different statute of limitations. You need to contact a local medical malpractice lawyer as soon as possible and go have a consultation.

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  • I was injured during a mammogram is that medical neglect or malpractice?

    I went for an mammogram apt. Regular visit, the woman made me squat about 1 ft lower rather then raising the machine, like before. I told her it hurt me, but she would not raise it. I ended up in the ER, due to pain, in my neck and arms, back. Aft...

    Joseph’s Answer

    You need to contact a medical malpractice lawyer and have a consultation before you meet iwth the doctor's office, staff or claim person. Agreeing to pay your bills is not necessarily an admission of anything. But you must not sign any documents with them that could be deemed a rlease of claim(s). So you really need to see a lawyer first.
    In addition, it may be a malpractice case but it could also be a straight negligence case depending on the actions of the person involved and thier title. If they were simply a technician, and acting independent of a doctor's direction, then there is a possible general negligence claim. But the safe way to proceed is to consider it a malpractice claim and go see a lawyer before you do anything else.

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  • Settlement check

    After your lawyer gets your settlement check for personal injury and deposit it into his trust does he mail you out. Personal check or reg check for your for part of settlement

    Joseph’s Answer

    The check will be on the attorney's IOLA account. Settlement checks generally-usually go into the lawyers escrow account and then are broken down into disbursement amount, fee amount and client's portion. Sometimes checks are written directly to the client for the client's share by the insurance carrier and it those cases we would also deposit that check into escrow and then write the client an IOLA check for thier monies.
    You should call your lawyer and simply ask he or she this question.

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