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James E. Girards
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James Girards’s Legal Cases

8 total

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

    Practice Area:
    Medical malpractice
    Outcome:
    Party may call opposing party's experts
    Description:
    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.
  • SHELDON v. ER. MED. CONS., 43 S.W.3d 701 (Tex.App.-F.W. [2d Dist.] 2001)

    Practice Area:
    Medical malpractice
    Date:
    Apr 05, 2001
    Outcome:
    Law of Misnomer applies to medical cases
    Description:
    Court of Appeals agreed with Plaintiffs that the law of misnomer applies to cases brought under the Texas Medical Liability statute.
  • GROSS v. INNES, 988 S.W.2d 727 (Tex. 1998)

    Practice Area:
    Medical malpractice
    Date:
    Jul 14, 1998
    Outcome:
    Summary Judgment Denial Affirmed
    Description:
    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.
  • BRODERS v. HEISE, 924 S.W.2d 148 (Tex. 1996)

    Practice Area:
    Medical malpractice
    Date:
    Jun 14, 1996
    Outcome:
    Experts not limited to same specialty
    Description:
    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, experience, training, or education" regarding the specific issue before the court.
  • KASSEN v. HATLEY, 887 S.W.2d 4 (Tex. 1994)

    Practice Area:
    Medical malpractice
    Date:
    Nov 10, 1994
    Outcome:
    No governmental immunity for MD and RN
    Description:
    The Texas Supreme Court agreed with Plaintiffs that doctors and nurses who work for a government hospital are not necessarily protected by governmental immunity.
  • COOPER v. COE, 188 S.W.3d 223 (Tex.App.-Tyler [12th Dist.] 2005)

    Practice Area:
    Medical malpractice
    Outcome:
    Survivors have capacity to represent Estate
    Description:
    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.
  • Hernandez v. Altenberg, 904 S.W.2d 734 (Tex.App.-San Antonio 1995, writ denied)

    Practice Area:
    Medical malpractice
    Date:
    May 24, 1995
    Outcome:
    Spoliation of Evidence did not prevent lawsuit
    Description:
    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.
  • JOHNSON v. NACOGDOCHES CTY, 109 S.W.3d 532 (Tex.App. [12th Dist.] 2001)

    Practice Area:
    Medical malpractice
    Outcome:
    Summary Judgment improper with TTCA Actual Notice
    Description:
    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 causing 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.