Jeffrey T. Stewart’s Answers

Jeffrey T. Stewart

Farmington Litigation Lawyer.

Contributor Level 5
  1. How do I ask the court for more time to find a replacement attorney?

    Answered over 3 years ago.

    1. Jeffrey T. Stewart
    2. John R Gorey
    3. Jeffrey Mark Adams
    4. Lars A. Lundeen
    4 lawyer answers

    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.

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

    Answered over 3 years ago.

    1. Pamela Koslyn
    2. Jeffrey T. Stewart
    2 lawyer answers

    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...

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

    Answered over 3 years ago.

    1. Jeffrey T. Stewart
    2. Randall M. Blau
    3. Christian K. Lassen II
    4. Mary Katherine Brown
    5. Lars A. Lundeen
    5 lawyer answers

    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...

  4. 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

    Answered over 3 years ago.

    1. Paul D Friedman
    2. Jeffrey T. Stewart
    3. Mary Katherine Brown
    4. Jeffrey Logan Whitcomb
    4 lawyer answers

    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...