Robert B. Crary's Answers

Fast food fix

It depends on whether you were injured by the metal. If you were injured by the metal in the hamburger then you could bring an action under several theories including breach of implied warranty, strict liability, and negligence. As in any other negligence action, the plaintiff in an unwholesome food case must plead and prove existence of a duty of care on the part of the defendant manufacturer, producer, packer, bottler, or retailer; a breach of that duty; and a cognizable injury...

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Surgery gone wrong

It depends on whether the physician or a nurse was negligent in their actions. If the physician was negligent then he may be liable, if a nurse was negligent the physician may liable under the doctrine of respondeat superior. However, a bad result is not in itself evidence of negligence. In order to show negligence one must show that the physician breached a duty that fell below the standard of care for the type of treatment performed. In the facts of this case it is not known if the...

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Malpractice history

If you go to the Washington Dept. of Health website, and go to licensing/certification, and then to physicians, you can find out what credentials a surgeon/physician has if you click on the provider credential search. Under that search you can search by credential number or by the physician’s name.

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Vasectomy came undone?

The law does recognize an action for wrongful birth. Parents of a healthy normal child born after an unsuccessful sterilization operation may not recover the child-rearing costs against the physician, but may recover the expense, pain and suffering, and loss of consortium associated with the failed sterilization, pregnancy, and childbirth, since damages may be established with reasonable certainty, and do not invite disparagement of the child involved. However, the parents of an unplanned, but...

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What do I do now?

You indicate in your question that "the insurance has paid the limit". I assume you mean your PIP coverage. PIP stands for Personal Injury Protection coverage. If this is what you mean and the coverage is exhausted you can begin to use your medical coverage. This area can get a little complicated, especially if you do not have medical coverage. Nevertheless the most important thing for you to do is make sure you get proper care. Sometimes neck and back pain do not resolve with...

Can a child sue parent for mental and physical injury?

Yes. In Washington, a child reaches the age of majority upon turning 18. At that point, he or she can sue someone (even parents) without needing a guardian ad litem. It is important for the child to be aware of the statute of limitations covering such an action. Generally, if a child’s cause of action occurred prior to him or her turning 18, the statute of limitations will not begin to run until the child has reached majority.

Where can I find low cost legal assistance for an auto accident?

Hello my name is Robert Crary and I am attorney who specializes in automobile collision cases. All to often in clear liability cases (someone running a red light) the opposing insurance company will try and find fault with the none fault party. This is especially so when the none fault party does not have an insurance adjuster or attorney representing their interest. If the other party was charged with running a red light and there are witnesses to prove this, than you should not share and...

Lopsided breasts due to negligence?

A mere bad result is not enough for malpractice. To sue for malpractice you must show negligent on the part of the doctor. In order for the result to be negligent it must be a result that falls below a certain standard of care. If someone is simply unhappy with the result that does not rise to the level of negligence than you may not have a case. One would have to have an expert opinion to make this determination. In order to prove that doctor performed in a negligent manner it would...