James E. Girards’s Answers

James E. Girards

Dallas Trucking Accident Lawyer.

Contributor Level 14
  1. If a pharmacist breaches my patient confidentiality. How much is the most I can expect (financially) from their negligence?

    Answered about 3 years ago.

    1. James E. Girards
    2. Tami Leigh Diebel
    2 attorney answers

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

    Answered about 3 years ago.

    1. James E. Girards
    2. Joseph A Blaszkow
    3. Augustine Smythe Weekley Jr.
    3 attorney answers

    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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  3. My newborn ped. Dtr. Did not wash her hands before examining my newborn.... This is unsafe practices?

    Answered 14 days ago.

    1. James E. Girards
    2. Lars A. Lundeen
    3. Christian K. Lassen II
    3 attorney answers

    I suggest you write a letter of complaint to the CEO of the hospital with a copy to the Risk Manager and if the hospital has a patient ombudsman include this person as well. I suggest you download a copy of the study I posted on my blog at http://www.girardslaw.com/blog/when-doctors-wear-gloves-infection-rates-go-way-down--read-abstract-here-.cfm and attach it to the letter. Infection control is everybody's business and the doctor and hospital need to shape up. If this happens again, please...

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  4. Is this medical malpractice or negligence?

    Answered 2 months ago.

    1. Michael David Lindner Jr
    2. Christian K. Lassen II
    3. Michael A Ferrara Jr
    4. Karen Tallent Munzer
    5. Kevin Coluccio
    6. ···
    7 attorney answers

    There is an attorney who does suicide cases nationwide. I suggest you contact him for review of this matter. Perhaps there are others, but I can recommend this one highly. He can be reached at www.skipsimpson.com

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  5. Neck surgery help

    Answered almost 3 years ago.

    1. James E. Girards
    2. Angelo Marino Jr.
    3. Dennis Michael Phillips
    3 attorney answers

    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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  6. Do i have a case for a lawsuit

    Answered about 3 years ago.

    1. James E. Girards
    2. Angelo Marino Jr.
    2 attorney answers

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

    Answered about 3 years ago.

    1. James E. Girards
    2. Angelo Marino Jr.
    3. Jeffrey A. Mitchell
    4. Sam Louis Levine
    4 attorney answers

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

    Answered about 3 years ago.

    1. James E. Girards
    2. Sam Louis Levine
    3. Joseph A Blaszkow
    3 attorney answers

    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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  9. I just found out surgical clamps were left inside of me. Should I seek legal counsel?

    Answered about 1 month ago.

    1. Stephen Laurence Hoffman
    2. Lisa Michelle Esser
    3. L. Maxwell Taylor
    4. Matthew C Simon
    5. Christian K. Lassen II
    6. ···
    7 attorney answers

    You don't say how you learned surgical clamps were left behind related to gall bladder surgery. I suggest you confirm that whoever told you this was saying surgical "clamps" and not surgical "clips." Clamps left behind would be considered a "never event" [see http://www.psnet.ahrq.gov/primer.aspx?primerID=3]; surgical "clips" not so much.

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  10. I went to another city, because the city I live in does not have the medical equipment i needed for the surgery i needed.

    Answered 5 months ago.

    1. Randall Richard Sevenish
    2. James E. Girards
    2 attorney answers

    I suspect that coronary perforation is a recognized complication when inserting or changing pacemaker lead wires. For this reason, the question to ask would be "was that complication timely recognized and treated?" From your information, it apparently was. For these reasons, I suspect that a medical malpractice lawsuit would not be fruitful. Of course, the only way to be sure whether negligence occurred is to have the records reviewed by a qualified cardiologist. However, as you may know,...

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