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Jeffrey T. Stewart

Jeffrey Stewart’s Answers

4 total

  • How do I ask the court for more time to find a replacement attorney?

    My personal injury attorney up and quit on me, and I need more time to find an attorney to replace him. How do I ask the court for more time to find an attorney?

    Jeffrey’s Answer

    I agree with the advice you have already been given but would add the following. The closer the case is to trial the more difficult time you're likely to have with the judge giving you more time. It will also be very important for you be to be able to tell the judge what efforts you have made to retain a new attorney before you go in and ask for additional time. If the judge believes that you are being diligent, that will clearly help your cause and vice versa.

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  • Please answer my question we have a meeting this Friday. I need some expert advice. Would small claims court be an option?

    Told I need an employment Lawyer for this question. Is it legal for union members (who by majority are family) to vote for their coworkers (some of whom are single and couples) to split the part over the cap of 1300 dollars paid by our employer...

    Jeffrey’s Answer

    I agree with the other answer to this question that your union rep would be a very good place to begin. But in the end, the answer will come from the contract and the insurance plan documents. While your union rep should be knowledgeable in these areas, if you are not satisfied with the answer that you get, your best solution is to obtain your union contract and the plan documents and have them reviewed by an attorney skilled in this area. The issue is further complicated by the fact that, if the plan is governed by ERISA, a federal law, the plan has to conform to those legal requirements also.

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  • Can I sue an othopedic surgeon for a knee replacement surgery when the knee that was replaced was recalled

    I am currently working with an attorney that handles just the recall with the manufacturer. The surgery happened August 2010 and I have had trouble with this knee ever since. I recently have received a 2nd opinnion and am under going specific tes...

    Jeffrey’s Answer

    I agree with the other attorneys who have responded to your question by suggesting that you first check with the attorney who is handling the recall. However, by way of general information, the surgeon would not be liable simply because the knee turned out to be defective and/or was subject to recall. He could, however, be liable if he knew or should have known that there were problems with the knee that made it an inappropriate device to use in the course of treatment. This may be based upon his own experience, awareness of information in the medical community about this particular device or even awareness of a notice of recall. It would be important, however, to connect the known defects in knee with the actual problem that you experienced. (This will be an issue for your lawyer can recall case as well.) You should also be aware of the statute of limitations and the fact that the recall case will not extend the deadline as to the doctor. Generally (and subject to exceptions for minors, incapacitated people, decedents, or victims of damage to the reproductive system) you have two years to sue from the date of the malpractice, or six months from the date that you knew or by the exercise of reasonable diligence could have known that malpractice had occurred, whichever would give you more time. Note, however, that the six month rule cannot extend the statute to a date more than five years from the date of the malpractice. The statute of limitations is very tricky and you should not rely upon this information to determine how long you have sue. Be sure to contact an attorney familiar with medical malpractice in Michigan for this advice, as well as advice on the merits of your potential claim.

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  • I had a routine blood test. It showed high Potassium level. I was sent to the E.R. where they determined it was false. Do I pay

    I had a routine blood test where the results showed a high potassium level. My clinic that took the blood called me and told me to report immediatly to the E.R. I told them over the phone I felt fine but they insisted to go or I could have a hea...

    Jeffrey’s Answer

    Unfortunately, the answer is probably yes. Your only defense to paying the bill is the same thing you would have to prove if you were suing for malpractice: that somebody acted negligently in the taking of the blood sample or the processing of the test results that led to the finding of a high potassium level. If the blood test was performed at the same hospital where you went to the ER, as a matter of policy, the hospital might back the bill down for you. But if the blood test was done at a different institution, I will be shocked if they are willing to pay your hospital bill voluntarily. Sometimes if there is a clear-cut and serious problem, you can get the state of Michigan licensing board involved, but this is not the kind of a problem that I would expect the licensing board to get involved with, since they have their hands full with serious problems resulting in injury to patients. If you had to prove that there was negligence in the taking of the blood sample, that would be a very expensive proposition — far more so than your $1500 bill.

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