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James E. Girards
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James Girards’s Answers

229 total


  • Am I able to file a medical malpractice on my fiancee's behalf if the lack of medical help caused his death?

    My fiancee passed away 7 months ago. We were married by the hospital's pastor, but not according to the state of Maine. He was turned away from receiving the help he needed when his vital's were way off the chart. They sent him home a number of ti...

    James’s Answer

    You should contact a local lawyer to see if there is a provision for common law marriage. If so, you have rights. If not, then you might have rights. But, your lawyer can advise you on that. good luck.

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  • Do I have a case for negligence?

    In 2011 I told my PCP that food was getting caught in the back of my throat. He said it was because of acid reflux and my COPD. He put me on pills for it. In 2013 I told same to a new PCP and she sent me to have X-rays while swallowing barium. She...

    James’s Answer

    You may have a case. It would require that your records be reviewed by an experienced medmal lawyer who in turn would have them reviewed by specialists in the pertinent medical field. The testing data and images would need to be reviewed in order to determine if something different should have been done, when, and the likely outcome. Since this goes back to 2011 you will need to get someone to do this for you as soon as possible as there are deadlines to filing suit. Ordinarily, the deadline is 2-years in Texas. So, you will need to get someone to see if an exception applies or you will be out of luck. This is a very complicated area of the law in Texas so don't waste any time getting someone involved.

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  • My attorney will not file anything (med mal case) before the statute expires? He says he will go with discovery. Too Risky?

    Med Mal case - My lawyer has the records, gave them to an expert, they are being reviewed by expert but that could take several weeks - stature expire June 27, 2014. He said not to worry about it - he will go with when my Mom 1st had symptoms. A...

    James’s Answer

    In my opinion the answer is "yes, too risky. Period. No argument there."

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  • Is there ever a reason to alter a medical record?

    It says "record appropriately altered" in the chart. Is this appropriate? Thank you.

    James’s Answer

    • Selected as best answer

    Medical records are subject to being corrected but the procedure is very clear cut and must be followed in order to avoid adverse inferences or misconduct. The correct way to correct a medical record is to put a single line through the erroneous part and next to that put in the correct information. The change must be dated and timed and include an explanation for the change. If it is not done in this fashion an inference is created that the change was made for an improper purpose or to mislead. Of course, the exact situation is important before deciding whether misconduct has occurred. In addition, many folks don't know that the patient can review his or her own medical record and insist that any inaccurate information be corrected. I encourage this practice.

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  • Should I give up on trying to find a lawyer?

    I wanted to file a wrongful death lawsuit, but I do not have the financial means to obtain the medical records from the hospital. The atty that was willing to look at the case read thru the death cert and autopsy report, and turned down pursuing ...

    James’s Answer

    If you will describe in detail what happened to your loved one you will likely get more helpful information from the lawyers on this website.

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  • Can i sue a hospital for let a doctor do surgery on me that was under the influence

    i had surgery and the hospital fired the doctor ten days later they knew about he was using something for awhile and know i cant get a doctor to look and my wrist because of it

    James’s Answer

    The answer to your question is not a straight forward one. If the doctor was under the influence you have a grievance, but to have a successful lawsuit you will also have to prove that substandard care caused injury to you. I suggest you contact a medical malpractice lawyer in your area to look at your situation as soon as possible. I suggest you call my friend Dan Fleck at the Spence Firm in Jackson for review of the case or referral to a suitable lawyer for that.

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  • Do I need a medical malpractice attorney?

    In 2010 I had a complete hysterectomy and bladder repair, I go to a gyn to find out if this mesh needs to be taken out, he said "it looked like it was put in wrong". So, I cal the doctor who done my surgery to find out what mesh he used--cook's su...

    James’s Answer

    We need to know if the lawyer you hired is doing a transvaginal mesh case for you.

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  • Is the hospital (or my doctor) responsible?

    On Oct. 5th my water broke. When I got to the hospital the dr on call checked me and said my water didn't break. They sent me home. The next day I went back to the hospital. Again the hospital sent me home. At this point I still hadn't seen my dr ...

    James’s Answer

    It sounds to me like you need an experienced birth injury lawyer as soon as possible. You have identified some very serious issues that may have compromised your child. It will be necessary to review all of the records and retain the range of experts that will be needed in such a case. Here, we typically end up with 8 to 12 experts in a birth injury case, ranging from nursing, obstetrics, and maternal-fetal medicine to perinatology, neonatology, pediatric neurology, and life care and economic experts. For this reason, you should make sure that any lawyer you ask to get involved in this situation is experienced in this type of case. Let me know if you need additional information or have questions. Good luck to you and your family.

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  • Dr.s office put the wrong paperwork in my medical records saying that i have HIV. Do i have a law suit?

    My husband was asked in the waiting room How long has your wife been HIV positive? He had to believe That I had HIV for 4 hours while I was in surgery until he found out it was a mistake.

    James’s Answer

    You have the right to assure that the medical record is corrected, so I suggest that you go to the hospital and make sure they have changed it so that you don't have problems with that in the future.

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  • Why dont any lawyers take my case they all say i have one

    y wife died on dec.12 2013 she died from hypertensive atherosclerotion cardiovascular disease with remote myocardial infarct . acute intoxication by the combined of her meds she was in painagement they put her on 50 mg of fentanyl an...

    James’s Answer

    There have been many deaths from the Fentanyl patch. Do you still have the one she was wearing when she died?

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