Skip to main content
James E. Girards
Avvo
Pro

James Girards’s Answers

229 total


  • Who are the best trucking lawyers in the US for a large commercial trucking case?

    Who are the best trucking lawyers in the US for a large commercial trucking case?

    James’s Answer

    There are a number of firms that, like mine, do a lot of trucking collision cases. I can answer questions for you at the link below. Or, you may want to call Joe Fried in Atlanta at (404) 591-1800

    See question 
  • Health Care Law Are there any attorneys that are taking Hospira recalls for metallic particulates in the vials?

    If there are severe injuries from contaminated vials with metallic particulates but the physician did not notice. Who's duty is to report or who's duty is it to warn patient of recalls or that the patient had severe adverse affects after undergoin...

    James’s Answer

    From time to time medical products are recalled to contaminants such a metal or other particulates. If you are injured due to this there may be recourse depending on who produced it and who should have known about the recall before administration. A consultation with an experienced lawyer would be necessary to determine the exact course of action needed.

    See question 
  • Do I need an Malpractice Attorney?

    I went to a wound care doctor for a foot ulcer. the doctor looked at it, examined it and said he didnt see an infection. he wanted to put a total contact cast on it but i wouldnt let him that day which was on a thursday. so i went back to him on t...

    James’s Answer

    What you have described is a classic mismanagement scenario of a foot ulcer - especially if you are diabetic. I suggest you have this reviewed by an experienced medical malpractice lawyer as soon as you can. Your wound should have been cultured, prophylactic antibiotics begun and later tailored to the results of the cultures, and you should have been seen by an endocrinologist if you have a history of diabetes to assure that it was under control. Unfortunately, this is an all too common scenario in our medical system today.

    See question 
  • Is it malpractice to hold a babies head in the birth canal without the mothers consent because the nurse was waiting for the dr.

    I had a precipitous labor. I woke up at 1:30 and felt contractions. We called my OBGYN and told her I was haveingcontractions which varied but were down to 2 minutes apart. We started for the hospital at 2:15. My water broke on the way, but the...

    James’s Answer

    I suggest you focus on your child and keep a diary so you can recall specific details later, if need be. If your child develops signs or symptoms of brain injury then you'll need to have the records reviewed by a lawyer experienced in birth injury cases. Please keep in mind that in Texas a medical malpractice case almost always must be filed within two years of the date of the negligence. If the defendant is a government hospital then there may be a notice requirement as short as six months. You may want to discuss your kiddo's condition with the neonatologist to find out if there is reason for concern at this point.

    See question 
  • While giving birth; nurse ran from my room and no DR. came for five minutes. I delivered alone. I need help.

    My son is now blind and cannot hear. I took him to a neurologist. The MRI showed brain calcification and I was told that this could be due to lack of oxygen at birth. After birth - he was laying in the birth fluids for about five minutes before...

    James’s Answer

    You will need to contact an experienced birth injury lawyer as soon as possible in order to conduct a complete review of what happened. There are time deadlines that apply to this situation so please don't waste any time. You do not state which Waco hospital is involved. But, due to the time that has gone by you should request the records as soon as possible too. Hopefully, there won't be too much difficulty getting those records from storage. Good luck to you and your family.

    See question 
  • Do I need an attorney?

    I stepped on a dirty needle on the floor of a doctor's office. It stuck into my foot. Just wondering if I should seek legal advice. They want to do a blood test but I'm afraid, although chances are low, that nothing will show up right away and co...

    James’s Answer

    Leaving a used needle anywhere but inside a "sharps" container is a violation of a long list of basic rules in healthcare and in workplace safety. There is no excuse for it. The procedure when you have been stuck by a used needle is medical monitoring for period of time beginning with blood tests. The person who that needle was used on should be identified so that you can know what potential problems you are facing. If one person cannot be isolated then the group of likely patients should be identified. The size of the needle does not matter. It is not only important for you to be monitored but it is also important for others whom you will come into contact with. the risk you have contracted something may be small. but, it is important to take the recognized steps to assure you and your family are as safe as possible. So, don't be bashful about demanding free blood tests and medical monitoring for a sustained period. You may need to contact a lawyer since there are time deadlines that apply and your medical monitoring needs may exceed those deadlines. It is important to start now. Good luck to you and your family.

    See question 
  • Is this a case of medical malpractice/negligence?

    My dad had his left great toe amputated due to a severe infection. The wound was not healing and the infection was spreading in the subsequent days. It turns out that a wound culture was never obtained. Eight days post op, a culture was obtained a...

    James’s Answer

    I suggest you contact an experienced medical malpractice attorney in your area as soon as you can to investigate this situation. As you know, cultures and ID consultation are routine in such situations and especially if you dad was diabetic. As there are time deadlines that apply to such lawsuits you should contact an attorney immediately.

    See question 
  • My husband was sent to the hospital by the local dr for double pneumonia. He was drugged to the point that his heart gave out .

    I have found in his records several instances where he was given double doses , discontinued drugs ordered by another dr, drug combinations that throw serious caution flags when given together. He was left for three hours after all this had taken ...

    James’s Answer

    • Selected as best answer

    It sounds to me like you need to have the records reviewed by an experienced medical malpractice lawyer. You do not say why he was admitted, his age and medical history. All of that will be important, as well as the other information contained in the records. Because there are deadlines to filing such a lawsuit I suggest you contact a medical malpractice lawyer immediately. Good luck to you and your family.

    See question 
  • How to get a peer review to see if we have a case?

    We were told my someone that we should get a peer review done on my daughter's birth records to determine if there was fault by the ob-gyn during her birth (forceps used). How do I go about getting a peer review on her medical records? She has h...

    James’s Answer

    It sounds to me like you are - or should be - interested in getting your child's medical care reviewed in order to see if mistakes were made that caused her harm. This is technically different from a peer review proceeding but is similar and more in line with what I think you are interested in. Birth injury lawyers like me do that sort of thing frequently in order to see if a case should be pursued. Lawyers who do this type of work have many experts that are consulted to review the various aspects of the care and the conditions that are at issue in the patient and are able to pursue a case if that is warranted. As there are time deadlines that apply to lawsuits such as this I suggest you contact a lawyer for this kind of review as soon as you can.

    See question 
  • Unable to obtain medical records due to HIppa Law

    I have requested medical records of my deceased daughter and am told they require a Letter of Testament before they can release them to me (because of Hippa) even though I am her only living relative and was allowed to terminate her life support ...

    James’s Answer

    You are entitled to the records as personal representative of a deceased person. You only need to provide a death certificate and rpoof that you are decedent's mother, which would typically be her birth certificate and your ID. The relevant statute is Texas Occupations Code Sec. 159.005. "CONSENT FOR RELEASE OF CONFIDENTIAL INFORMATION. (a) Consent for the release of confidential information must be in writing and signed by: * * * (5) a personal representative of the patient if the patient is deceased." If they don't give you the records after that then the next step is to either get a lawyer or send a notice of healthcare liability claim with a records request attached. Good luck.

    See question