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James E. Girards
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James Girards’s Answers

229 total


  • Do I have a case

    My daughter was prescribed a medince that caused her to have seizures, stop earring and drinking, and swell to where u couldn't tell if her eyes were opened or closed. At the hospital I was told she was being given 10x more than her recommended do...

    James’s Answer

    You may have a good case. You will need to have all the records reviewed in order to determine what happened and what standards were violated. There are time deadlines that apply so you should have a MedMal attorney investigate right away.

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  • Broke both bones in right wrist ER doc told me I would be having surgery that nite. but they could not get a hold of the 2 drs a

    I should of had surgery that night rather than the ER dr setting it they were even laughing while in my room because he asked the nurses if they though he did a good job. He gave me a card of another dr to see in 3 days all he did was x-ray and pu...

    James’s Answer

    I've done cases similar to this. The damages recoverable will depend in large part on the cost of surgery and rehab as well as how it impacts your ability to work. It is extremely difficult to provide a more specific answer with the details you have provided.

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  • Can someone help my daughter?

    my 13 year old daughter was taking Loestrin birth control for 3 months and was recently diagnosed with deep vein thrombosis, hemiparesis and a stroke . There is no family history of blood clots and until this happened she was a happy and healthy t...

    James’s Answer

    I suggest you contact an experienced medical malpractice/pharmaceutical litigation attorney as soon as possible to review this situation. Please know there are time deadlines that apply so you will want to get started right away.

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  • Do I need a malpractice attorney?

    Went in for surgery. After it was over I was dropped on floor while they were transferring me from table to gurney. Soreness and tenderness some bruising.

    James’s Answer

    It depends on whether the hospital is willing to work something out with you. Candidly, if all you have are soreness, tenderness, and some bruising it is not worth the cost of hiring the necessary experts to bring a lawsuit. You may want to get checked out to assure there isn't more going on though prior to making a final decision. In TN, the deadline to file suit is one year so you should discuss this with a local attorney as soon as you can for further guidance. At the least, you should file a written complaint with the hospital, with JCAHO, with Centers for Medicaid and Medicare Services, and the TN Hospital board. Good luck to you and your family.

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  • If the hospital let out a patient too early who still had aspiration pneumonia and now almost died and now admitted again

    Now after the near death experience back admitted now has an irregular heart beat that did not have ever before can they be held liable for this without proper treatments meds ?

    James’s Answer

    Readmissions like this are red flags for negligence. But, you will need to have the medical records reviewed by retaining an experienced medical malpractice attorney for this purpose. I suggest you do so immediately. Good luck to you and your family.

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  • Is it true that if an insured car hits a semi truck and it's the cars fault and the truck driver incurs injuries the truck

    driver can't sue the car insurance but if an accident happens the other way around the car driver can sue the trucking companies insurance. It doesn't sound fair to the truck driver. If you haven't guessed, I'm a long distance truck driver.

    James’s Answer

    No, that is not true. If a car driver causes a wreck injuring a trucker the trucker can sue for damages for those injuries.

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  • How strong is my case?

    3 years ago ultrasound and mammogram were ordered of left breast because of PCP finding lump... Long story short, they did the ultrasound on the right breast and did not do a mammogram at all.. In August of this year cancer was found in l...

    James’s Answer

    Your statement makes me wonder why you didn't know the lump was in the left breast and make sure evaluation was focused on the left breast. The lawyers for the other side are going to ask that question so you ought to be prepared to answer that one ASAP. Also, your other immediate need is to get a lawyer and get a lawsuit on file ASAP. This is because in Texas the deadline for filing suit is 2-years from the date of the negligence. In cases where it is impossible know that negligence has occurred within that 2-years then you have to get the lawsuit on file as soon as possible after you find out about it. You found out about it 4-months ago so you don't have a moment to lose. And, with the holidays it is going to be difficult to get law firms focused on it quickly. While you are contacting lawyers you will also want to order a copy of all of your records and radiology imaging for the last 3-years to speed the process along. Good luck to you and your family.

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  • How long does it take before a lawyer decides to take case?

    I contacted a lawyer after the delivery of my twin daughters. I have all the medical records. I was contacted by that lawyer and sent the records to them back in May. And then I received a final diagnosis for my daughter in Sept. And contacted ...

    James’s Answer

    I have been doing medical malpractice cases for over 20 years. In my experience in what might be described as a typical malpractice case it takes about 100 days to get through the review process. In a birth injury case or any other particularly complex situation it can take much longer. Birth injury cases tend to be expert intensive and require 8 to 10 different experts. That means lots more time is needed in order to get everything that needs evaluation properly reviewed whereas other kinds of cases may only require 1-3 experts. If you are getting very concerned about it then this would be a good time to have a discussion with the attorney about where the firm is in the investigation process.

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  • I recently had a heart attack can I sue my family doctor

    I recently had a massive heart attack Im 39 and in good shape I eat rite and exercise daily I had a blood workup done after about 2 yrs of complaining and he said my cholesterol was a little high but just take more fish oil and dont worry about it...

    James’s Answer

    A failure to follow-up on cardiac risk factors leading to a heart attack is a viable claim but the details of what was known to the family doctor is critical. Also, you describe your heart attack as massive. Your attorney will need to know the extent of heart muscle damage.You will want to contact a lawyer who is experienced in cardiology malpractice cases.

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  • My wife died from mixed drug intoxication and im not sure if i have a case

    I have two children i have to raise and would like to know if i have a case she had hep c and was prescribed so much hydrocone which contains tylenol which should not be taken for that reason

    James’s Answer

    It would be best to know all drugs in her system along with the amounts and the official cause of death. An experienced Texas medical malpractice attorney can help you determine whether anything can be done.

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