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John M Curtin

John Curtin’s Answers

252 total


  • I'm being sued for something I had no part in.

    Someone is claiming my wife botched his surgery and we both got served at home last night. Does her malpractice insurance cover me? I'm sure someone will say it depends on how the contract is written, so should I ask if malpractice insurance usual...

    John’s Answer

    Relax. Your wife is being sued for negligence. Your conduct is not at issue. No one is actually suggesting you did anything wrong. Because Arizona is a community property state the spouse is always named, so that a judgment can reach community assets rather than the negligent party's sole and separate property. This is done in all lawsuits, including routine auto accidents. Your wife's carrier will hire an attorney to protect you and your wife, will cover the cost of defense (less a deductible) and will pay the claim, up to the amount of her policy limits. Barring very unusual circumstances, you will not be called to testify.

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  • Can I sue a plasma collection facility for failing to return my red cells?

    The plasma collection facility where I regularly donate deferred me for 8 weeks after the machine I was using failed to return my red cells. Can I sue them for the donation fees I missed because their equipment failed?

    John’s Answer

    Without some kind of substantial injury, I cannot imagine that you will find a lawyer interested in taking your case.

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  • What constitutes Mal-Practice and/or Negligence ?

    My mother, who is 88, and lives with my family fell & broke her shoulder. She was placed in a rehab. center until able to come home. While in the rehab. center her legs, feet, ankles & abdomen swelled. We addressed this to nurses & doctors at the ...

    John’s Answer

    To prove medical negligence, you need expert testimony establishing that the physicians/nurses were below the standard of care in failing to address your concerns. You also need expert testimony that your mother is worse off in some substantial way as a result of the delay in addressing her congestive heart failure. I think that would probably present a problem under the facts you describe.

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  • A huge tree fell on me in my apartment complex i notified my manager and they gave me the cold shoulder what should i do

    they wont help pay for loss of wages or pay for anything at that matter. i have on going problems due to the tree falling on me. i cant work because of the amount of pain im in. and my family is suffering because of this

    John’s Answer

    You don't state what your actual injuries are, but if they are significant you should definitely consult an attorney. It would pretty unusual for a tree to fall without some prior indication that it was in an unsafe condition. Landlords have an obligation to maintain premises in a safe condition for tenants.

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  • My question does a nurse practitioner have to perform regular med checks

    I have been getting the same prescription for well over four years and my nurse practitioner hasn't performed any med checks even though I have requested this eventually led me to donating my business and stop working . Are they not legally bound ...

    John’s Answer

    I find your question confusing. If you want to see the NP, why don't you schedule an appointment? How does not seeing a NP cause giving up a business?

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  • Can I sue a contractor for gross mis conduct and reckless endangerment of life?

    I had contractor remodel my house and the work was horrible. I just found out that the gas line to my stove has been leaking gas for 18 months and could have exploded. I also discovered that the electrical line is faulty. It was a life threate...

    John’s Answer

    I agree with the other gentlemen. Recovery in tort is for actual not potential damages. In other words, you recover for what DID happen - not for what MIGHT have happened. Think of it this way -- if someone shoots at you and misses, you can recover for your fright but you can't recover for having your head blown off. Looking at this situation, it seems like the best remedy is the cost of repair.

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  • Claim for emotional distress due to husband's affair and impending divorce causing severe physical and psychological trauma?

    Husband lied about the status of our reconciliation while he secretly set up a new life with married coworker. I suffered panic attacks (hospitalized once), developed generalized anxiety disorder, an ulcer and anorexia. I am seeing a psychiatris...

    John’s Answer

    You should discuss this with your therapist. Rather than enmeshing yourself further with your ex spouse through litigation, you need to begin separating yourself. A civil lawsuit under these circumstances would be a mistake, and unlikely to succeed.

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  • In Arizona...when do you provide the amount and details for emotional distress damages in the pretrial time line?

    In a lawsuit where a plaintiff is wanting damages for emotional distress, along with actual damages, when is the amount the plaintiff is asking for the emotional damages disclosed? And what type of supporting documentation is required at that t...

    John’s Answer

    • Selected as best answer

    There really is not a answer to this question. Emotional damages and pain and suffering are plead in general terms. No specific amount is allowed in the complaint. Nor is there typically a specific amount in the disclosure statement. As far as documentation, this varies. Some injuries speak for themselves in terms of emotional distress. In other cases, counseling, medications, palliative treatments and the testimony of witnesses can be a marker for distress/pain.

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  • Can I sue a doctor or hospital for working on my broken leg with a compound fracture without giving me pain control?

    I was hit head on by a wrong way drunk driver and had a bimalleolar compound right leg fracture, among other injuries. The paramedics did not give me pain meds in the field but did put in an iv. When I arrived to the ed they withheld pain meds. My...

    John’s Answer

    I'm sorry to hear about the unnecessary pain you suffered. However, speaking realistically, one hour of severe pain is not enough. The cost of bringing the action will almost certainly exceed any possible recovery.

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  • Are colon perferation cases winable? Patient is 71 year old male. Result was 8 Iin. Disection of bowel.

    Colonoscopy clinic has called to say they will not charge for procedure. Is that an admittion of error during procedure?

    John’s Answer

    Perforation is a recognized as a complication of the procedure. Most cases in this context deal with delay in in recognizing and treating the perforation. However, without reviewing records no attorney can give you a meaningful opinion on the merits of a potential claim.

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