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James E. Girards
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James Girards’s Answers

229 total


  • Is it possible to sue a Doctor and a Corporation for malpractice due to insufficient patient care and another Doctor's recommend

    In 2011, I fell off my ladder and went to emergency, and was told I had a fractured wrist. I was given the X-Rays to prove this. Then I went to my regular doctor, who refused to put a cast on for three weeks, during which I was referred to multipl...

    James’s Answer

    You don't say when in 2011 this occurred, but it seems to me you need to contact an attorney on this ASAP in order to protect whatever rights you may have because there is a time deadline to file suit. If you wait too long you cannot file for any reason.

    As for your possible case, you will most likely need to get to a hand/wrist specialist to investigate possible repair. These are typically board certified plastic surgeons who have done a hand fellowship. Whether you file suit or not you owe it to yourself to get evaluated for a possible delayed repair.

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  • Do I have a viable medical malpractice lawsuit against my now deceased obstetrician and Summerlin Medical Center?

    I entered the medical facility for a scheduled induction. I had been told that there was a strong possibility for caesarian delivery. By morning the fetus was in distress and labor was stopped. I required several epidural boosters while waiting. T...

    James’s Answer

    Sadly, I've handled a number of cases that are very similar to yours. The OB, the medical group if any, and the hospital are all required to assure that an OB is immediately available during this phase of labor. I suggest that you contact an experienced birth injury lawyer as soon as you can in order to have a detailed case review conducted to see exactly where the ball was dropped and the likely result of the delays you describe.

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  • Is doctor to be held liable?

    My husband had surgery and afterward developed issues. In less then two weeks he was in the hospital for a blood clot/vegetation in his heart. Is this related to the surgery and is the surgeon responsible?

    James’s Answer

    That is a complicated situation and the best answer is that it is probably related to the post-op recovery period after the surgery. You will need to get an experienced medical malpractice lawyer involved to review the records and see if proper steps were taken to prevent blood clots and infection, etc. following the surgery.

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  • How long do I have to file a medical malpractice suit in the state of Texas following the event?

    I live in Texas and had a life threatening event, due to Doctor error during a routine biopsy (post liver biopsy bleed). The Dr. admitted to the error that caused internal bleeding and 6 days in ICU/ 5 units of blood before I began improving... I ...

    James’s Answer

    You have until the two-year anniversary to file suit. But, your attorney will need plenty of time to investigate before then. So, you should contact an attorney immediately.

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  • If i had a ceserean but my baby came out vaginally and now she has blood on her brain...and they say cerebral palsy is that

    malpractice? i was told if i had her vaginally she would die...if i had a ceserean she will make it...when i awoke from surgery i was told she came out vaginally anyway so why did i get cut and stapled?? now they say she has bleeding on her brain....

    James’s Answer

    A 24-week gestation is a very complicated issue. For that reason it is difficult to say whether anything was done improperly from the information you provided. One would need to know why a delivery was planned at 24 weeks and what measures, if any, were taken to prolong the pregnancy. Bleeding in the brain is a major risk in the best of circumstances at 24 weeks. I suggest that you have the records reviewed by a birth injury lawyer to see if anything was done improperly.

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  • My sister had aortic valve replacement 8/19 & passed away 8/26. We had an autopsy. Can we go ahead with cremation?

    The surgeon would not sign death certificate. Cardiologist would not. Family doctor had to. We feel like something went wrong with the valve used.

    James’s Answer

    In my experience, when physicians are refusing to sign the death certificate there is a reason. You owe it to yourself to find out why. Sometimes there are issues surrounding selection of the valve or poor skill in placing it. There are also some issues with manufacturing defects in the valves. You will need to get a copy of all the medical records and see if you can talk to the doctors who refused to sign the death certificate to find out why. It may be wise to seek an experienced medical malpractice lawyer at that point. Some may suggest you contact one as your first step. Either way, i suggest you find out what is going on here.

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  • I am researching to find out how hard it is to file a medical malpractice law suit. I have some concerns about my wifes death

    I received her blood tests that were done 18 days prior to her death and her white blood count was twice the high limit. We were not informed of this or asked to follow up on this. 18 days later she was in emergency room with blood pressure in the...

    James’s Answer

    18 days will make a big difference when treating sepsis. I encourage you to contact a local lawyer who is experienced in medical malpractice cases in your area to review the case and see if there is evidence of both negligence and causation. We do a lot of cases such as this here and in my experience so long as the condition is treated prior to a change in level of consciousness then it more likely than not can be treated successfully. Good luck to you and your family.

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  • How many years do you have to file a lawsuit for malpractice in Texas?

    Surgery gone wrong and the doctor is not willing to tend to the patient after surgery.

    James’s Answer

    In Texas you have until the two-year anniversary of the negligence in order to file suit. One can extend the deadline by 75 days by sending a notice letter with a medical authorization but the rule is very complex and if you don't meet all the technical requirements you won't get the 75 days. So, use the general rule that suit must be filed on or before the two-year anniversary of the date of the negligent act.

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  • Need to find an attorney that deals with medical malpractice on a contingency fee basis

    I Had a total hysterectomy done by davinci robot on surgery 3/24/13. On 3/28/13 , I had a fever of 103. Doctor called in antibiotic. On follow up on 4/3 /13 I was continuing not to feel good with lower abdominal pain and continued with low gr...

    James’s Answer

    There have been many problems associated with the Da Vinci robotic surgery system. I encourage you to discuss this with an experienced medical malpractice lawyer as soon as you can.

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  • Can I represent myself in a malpractice case against an attorney?

    I'm from Jacksonville, Florida and I would like to know if I could represent myself in a malpractice case against an attorney. It is an immigration case and I think I'm competent enough to represent myself but will the judge or ruling party allow...

    James’s Answer

    Unless you are an attorney with experience in immigration law, I would encourage you in the strongest possible terms to hire such a lawyer to help you. There are too many traps you might fall into otherwise and the result of doing that will be catastrophic to your case. Good luck to you.

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