Attorney James E. Girards's Legal Cases

Medical malpractice

SHELDON v. ER. MED. CONS., 43 S.W.3d 701 (Tex.App.-F.W. [2d Dist.] 2001)

Apr 05, 2001

OUTCOME: Law of Misnomer applies to medical cases

Court of Appeals agreed with Plaintiffs that the law of misnomer applies to cases brought under the Texas Medical Liability statute.

Medical malpractice

GROSS v. INNES, 988 S.W.2d 727 (Tex. 1998)

Jul 14, 1998

OUTCOME: Summary Judgment Denial Affirmed

The Texas Supreme Court agreed with Plaintiffs that the trial court's denial of summary judgment motion based on claim of official immunity was proper.

Medical malpractice

BRODERS v. HEISE, 924 S.W.2d 148 (Tex. 1996)

Jun 14, 1996

OUTCOME: Experts not limited to same specialty

The Texas Supreme Court held that medical expert witnesses need not be confined to the same medical specialty as the defendant. But, that the question is does the expert have "knowledge, skill, experi ... ence, training, or education" regarding the specific issue before the court.

Medical malpractice

Hernandez v. Altenberg, 904 S.W.2d 734 (Tex.App.-San Antonio 1995, writ denied)

May 24, 1995

OUTCOME: Spoliation of Evidence did not prevent lawsuit

The Court of Appeals agreed with Plaintiffs that the doctor could not destroy evidence and then use the fact that the evidence was missing to defeat the Plaintiffs' case.

Medical malpractice

KASSEN v. HATLEY, 887 S.W.2d 4 (Tex. 1994)

Nov 10, 1994

OUTCOME: No governmental immunity for MD and RN

The Texas Supreme Court agreed with Plaintiffs that doctors and nurses who work for a government hospital are not necessarily protected by governmental immunity.

Medical malpractice

HOOPER v. CHITTALURU, 222 S.W.3d 103 (Tex.App. [14th] 2006)

N/A

OUTCOME: Party may call opposing party's experts

The Houston 14th Court of Appeals agreed with Plaintiffs that a party is allowed to call as adverse witnesses the experts that were used by the opposing side in order to prove the case.

Medical malpractice

COOPER v. COE, 188 S.W.3d 223 (Tex.App.-Tyler [12th Dist.] 2005)

N/A

OUTCOME: Survivors have capacity to represent Estate

The Court of Appeals agreed with Plaintiffs that they have capacity to represent the Estate of their mother when they have entered into a family settlement agreement and no administration of the estate ... is necessary.

Medical malpractice

JOHNSON v. NACOGDOCHES CTY, 109 S.W.3d 532 (Tex.App. [12th Dist.] 2001)

N/A

OUTCOME: Summary Judgment improper with TTCA Actual Notice

The Court of appeals agreed with Plaintiffs that when a director of a government hospital knows the identity of the patient, the death of that patient, and the hospital's potential liability for causin ... g the death - and all within one month of the death - summary judgment is not proper based on a claim that the hospital did not have actual notice of the claim within the statutory 6-month notice period.

James E. Girards's Legal Cases (8)

SHELDON v. ER. MED. CONS., 43 S.W.3d 701 (Tex.App.-F.W. [2d Dist.] 2001)

GROSS v. INNES, 988 S.W.2d 727 (Tex. 1998)

BRODERS v. HEISE, 924 S.W.2d 148 (Tex. 1996)

Hernandez v. Altenberg, 904 S.W.2d 734 (Tex.App.-San Antonio 1995, writ denied)

KASSEN v. HATLEY, 887 S.W.2d 4 (Tex. 1994)

HOOPER v. CHITTALURU, 222 S.W.3d 103 (Tex.App. [14th] 2006)

COOPER v. COE, 188 S.W.3d 223 (Tex.App.-Tyler [12th Dist.] 2005)

JOHNSON v. NACOGDOCHES CTY, 109 S.W.3d 532 (Tex.App. [12th Dist.] 2001)