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James E. Girards

James Girards’s Answers

227 total


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

    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

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

    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.

  • Do I need an Malpractice Attorney?ARCHIVED

    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.

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

    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.

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

    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.

  • Do I need an attorney?ARCHIVED

    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.

  • Is this a case of medical malpractice/negligence?ARCHIVED

    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.

  • 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 .ARCHIVED

    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.

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

    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.

  • Unable to obtain medical records due to HIppa LawARCHIVED

    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.