James E. Girards's Answers

An uninsured truck totalled my car. Driver fled the scene. How do I find the owner of the truck? (Harris Co., Tx)

You can also find relevant information on websites such as publicdata.com and accurint.com Good luck.

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I need to take a individual(he was driving a company truck) to small claim court.

The short answer is you can seek all damages that would naturally and foreseeably flow from the collision. I think you may have more than the maximum small-claims-court damages threshold. So, you may want to file in county or district court. In any event, it will be easier to let a lawyer pursue this for you if the insurance company is not responding to your satisfaction. You have to file within 2 years of the negligence so you will want to retain an attorney soon. Good luck to you.

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Is it possible to sue a hospital for wrongful death?

One may sue a hospital for wrongful death in Texas under certain circumstances. Your question does not say what complication(s) of ALS were the immediate cause of her death or how far her disease had progressed by the time of her hospital visits - and that may be important to know. You may want to consider filing a complaint with the Center for Medicare and Medicaid Services at www.cms.gov CMS may investigate and find out information that you need to know about what happened. In appropriate...

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If a pharmacist breaches my patient confidentiality. How much is the most I can expect (financially) from their negligence?

Since you are 21, the pharmacist violated HIPAA when disclosure was made to your mother. You might review this website for more information: http://www.hhs.gov/ocr/privacy/ T here is no simple way to answer your question about the most you could expect financially. But, I would encourage you to file a complaint with the pharmacy as well as the WA board of pharmacy at http://www.doh.wa.gov/Pharmacy/ Consultation with a local attorney on this would be your next step as there are time...

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Was this medical malpractice, and should we have had to pay for the surgery?

Your question raises a number of issues that you may want to consider. Retention of the endoscopy capsule occurs in less than 2% of cases. First, go to my website www.girardslaw.com. I have placed an article there for you and will leave it for a few days for you to download. Look for the link "Retention of Capsule." Then, you might obtain a complete copy of your husband's records from the capsule study. That will tell you what photos were obtained and when. Next, you will need to know what...

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Neck surgery help

Since you are having problems swallowing food, it would be helpful to you to get a copy of the operative report to find out exactly what the surgeon did during the surgery. Then, you'll be able to see if the surgery that was done was the one that you consented to and whether anything unusual happened. You don't say what the surgery was for in the information you provided, and that information will of course be important. If you have further questions at that point, you may want to retain a...

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Do i have a case for a lawsuit

It sounds to me like your mother has had a complicated medical course. When that happens it is important to look carefully at the records to see what really is going on. Frequently, there are things that happen that are not apparent. Drug-drug interactions are among those things to look carefully at. I mention that due to your mother's hallucinations. One of the big questions to be answered is "what permanent harm has come to her as a result of the misdeeds you describe?" This will need to...

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She told them she was sick! Should we contact an attorney?

The answer to your question will be determined with accuracy only after a review of her medical records because there are many details that are important to consider. I would encourage her to find out if her treating physician thinks there has been a significant worsening of her condition due to the delay. And, I would encourage her to contact a medical malpractice attorney to review the information and see whether she has a viable claim that is worth pursing economically. As there is a time...

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Can a doctor be sued for emotional distress due to an incorrect diagnosis of miscarriage, when in fact, the fetus is fine?

Whether you could sue the doctor or not is unclear based on the information you have stated. This is because there is a lot of medical detail that would impact the answer. However, the next issue is that there is likely not enough in damages to justify a lawsuit. Typically, a medical lawsuit will cost between $50,000 and up to bring to trial. Thus, the potential recovery must be sufficient to pay your attorneys fees and the expenses before you will receive a dime. If you work a few...

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Is this Medical MalPractice or Pharmaseutical

Check out www.cardiology mistakes.com