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Understanding Car Accident Claims in New Mexico: A Beginner’s Guide

Experiencing a car accident can be overwhelming. You might be dealing with injuries, insurance claims, and legal questions all at once. It’s a challenging time, but remember, you’re not alone.

In New Mexico, understanding your rights and taking the right steps is crucial. As an experienced Southern New Mexico car accident attorney, I’m here to guide you through these challenges. This blog aims to clarify what to do after a car accident, ensuring you’re informed and protected every step of the way.

Whether it’s a minor incident or a major collision, this guide is your resource for confidently navigating the aftermath of a car accident.

Insurance Adjusters and Your Car Accident: What You Need to Know

When you’re involved in a car accident, an insurance adjuster is one of the first people you’ll encounter from the insurance side. Their job is to assess the accident and decide how much the insurance company should pay. But here’s something important to remember: insurance adjusters work for the insurance company, not for you. This means they often want to settle claims quickly and for as little as possible.

It’s common for insurance adjusters to offer a settlement amount that doesn’t fully cover your needs, especially when you’re dealing with car repairs and medical bills. They might not tell you the full value of your claim or explain all your entitlements. This is where having a skilled car accident attorney becomes crucial. As an experienced attorney in Las Cruces, New Mexico, I understand these tactics and work to ensure you receive the full amount you’re entitled to.

Navigating the aftermath of a car accident can be tricky, especially when dealing with insurance adjusters. My role is to stand up for your rights, handle the complex discussions with insurance companies, and make sure you’re not short-changed. I’m here to advocate for you, ensuring that your claim is taken seriously and you get the compensation you need to recover.

Why Acting Quickly Matters in New Mexico Car Accident Cases

If you’ve been in a car accident, it’s crucial to understand that time is of the essence. In New Mexico, you generally have a 3-year window from the date of the accident to file a personal injury claim. This time limit, known as the statute of limitations, is strict, and missing this deadline can mean losing your right to claim compensation.

Three years might seem like a long time, but starting the process as soon as possible is important. The sooner you consult an experienced attorney, the better. Early legal advice can be a game-changer. It ensures that your case is handled correctly from the start, critical evidence is preserved, and your rights are protected.

Remember, insurance companies often move quickly after an accident. You should, too. Acting promptly secures your legal rights and helps build a stronger case. As a Southern New Mexico car accident attorney, I’m here to guide you through each step, making sure your claim is filed timely and accurately.

Don’t wait until it’s too late. Taking immediate action after your car accident can make a significant difference in the outcome of your claim.

The Contingency Fee Structure of Tim Chelpaty Law Office

Understanding legal fees is important, and at Tim Chelpaty Law Office, we want to make it simple and stress-free for our clients. That’s why we work on a contingency fee basis. But what does this mean for you?

A contingency fee means that you don’t pay any legal fees upfront. Instead, my fee is a percentage of the settlement or award we obtain for you. This arrangement aligns with our interests: I am committed to securing the best possible outcome for your case because my payment depends on it.

This fee structure offers several benefits. It removes financial barriers, allowing you to seek justice without worrying about immediate legal costs. It also reassures you that I am motivated to work diligently on your behalf. My goal is to ensure you receive fair compensation for your losses and injuries, and you won’t owe me anything unless we succeed in recovering money for your case.

At Tim Chelpaty Law Office, we understand the financial strain an accident can cause, and we are here to help alleviate that burden. With our contingency fee arrangement, you can focus on your recovery while we take care of the legal aspects of your claim.

10 Steps to Take After a Car Accident in New Mexico

Being involved in a car accident can be disorienting, but taking the right steps immediately afterward is crucial for your safety and any future insurance or legal claims. Here’s a simple guide on what to do:

  1. Ensure Safety: First, make sure you and anyone else involved are safe. If there are injuries or the road is blocked, call 911 immediately.
  2. Move to a Safe Location: If the accident is minor and your car is drivable, move it to the side of the road to avoid causing further accidents or traffic delays.
  3. Exchange Information: Politely exchange information with the other driver. Get their name, address, date of birth, driver’s license number, insurance company name, policy number, and the insurance company’s phone number.
  4. Document the Scene: Use your phone to take pictures of the accident scene, including all vehicles involved, any visible damage, and the surrounding area. This can be crucial evidence later.
  5. Look for Witnesses: If there are witnesses, ask them what they saw and kindly request their names and contact information. Witness accounts can be incredibly valuable in determining what happened.
  6. Report the Accident: It’s important to report the accident to the police. A police report can provide an unbiased perspective of the accident, which is helpful in any legal or insurance proceedings.
  7. Avoid Discussing Fault: Be careful not to admit fault or make statements about the accident to the other driver or to insurance representatives without consulting an attorney.
  8. Seek Medical Attention: Some injuries may not be immediately apparent, even if you feel fine. It’s wise to get a medical check-up as soon as possible.
  9. Notify Your Insurance Company: Inform your insurance company about the accident. However, be cautious in your communications and consider consulting an attorney before giving a detailed statement.
  10. Contact an Attorney: To ensure your rights are protected and you get the compensation you deserve, consider contacting an attorney experienced in car accident cases.

These steps can help protect your rights and provide a solid foundation for any necessary insurance claims or legal actions. Remember, the aftermath of an accident can be overwhelming, but taking these steps can help bring order to a chaotic situation.

Navigating Insurance Claims and Legal Actions

After a car accident, dealing with insurance claims and potential legal actions can seem daunting. Understanding the process can help make things smoother. Here’s a breakdown of what you need to know:

  1. Filing a Report: In New Mexico, you must file a report with the police and the Department of Transportation if you’re involved in an auto accident. This is a crucial first step and forms the basis of your insurance claim.
  2. Initiating the Claim: Start by reporting the accident to your insurance company. Be factual and concise. You must also report the accident to the at-fault driver’s insurance company.
  3. The Role of Insurance Adjusters: An insurance adjuster will be assigned to investigate after you report the accident. They will review the evidence, speak to witnesses, and assess damages. Remember, adjusters represent the insurance company’s interests, not yours.
  4. Providing Statements: You might be asked to give a statement about the accident. It’s important to consult with your attorney before doing this. What you say can significantly affect your claim.
  5. Settlement Offers: The insurance company may offer a settlement to cover your damages. Having this reviewed by an attorney is crucial to ensure it covers all your needs, including medical expenses and lost wages.
  6. Negotiating a Fair Settlement: If the initial offer isn’t adequate, your attorney can negotiate with the insurance company on your behalf. Their expertise is invaluable in ensuring you get a fair settlement.
  7. Filing a Lawsuit if Necessary: If a satisfactory settlement cannot be reached, the next step may be to file a lawsuit. Your attorney will guide you through this process, advocating for your rights and interests.
  8. The Importance of Legal Representation: Throughout this process, having a knowledgeable attorney is crucial. They can navigate the complexities of insurance claims, protect your rights, and work towards getting you the compensation you deserve.

Navigating insurance claims and legal actions requires careful attention and expertise. An attorney experienced in car accident cases can provide the guidance and support you need to handle your claim fairly and efficiently.

How to Handle a Low Settlement Offer

Sometimes, the settlement offer from an insurance company might not cover all your needs following a car accident. Understanding what to do in these situations is key to ensuring you’re fairly compensated.

  1. Identifying Inadequate Offers: An offer might seem sufficient at first glance, but it’s important to consider all your expenses – medical bills, lost wages, future treatment costs, and other damages. If the offer doesn’t adequately cover these, it falls short.
  2. The Role of Your Attorney in Assessment: A knowledgeable attorney will carefully review any offer, comparing it against the full extent of your damages and needs. Their expertise is crucial in determining whether an offer is fair.
  3. Negotiation Process: If the initial offer is inadequate, your attorney will negotiate with the insurance company. This process involves presenting evidence, articulating the impact of your injuries, and negotiating for a higher settlement that reflects the true value of your claim.
  4. Persistence and Patience: Negotiations can take time and require persistence. During these discussions, your attorney advocates for you, ensuring your case is presented strongly and effectively.
  5. Considering Legal Action: If negotiations don’t lead to a satisfactory offer, the next step might be to file a lawsuit. This legal action can push the insurance company to offer a more appropriate settlement.
  6. Filing a Lawsuit: Your attorney will guide you through the lawsuit process, from filing the suit to representing you in court. This step is taken with the goal of securing a settlement that fully compensates for your losses and suffering.

When insurance settlements fall short, having an experienced attorney is crucial. They can navigate the negotiation process and, if necessary, take legal action to ensure you receive the compensation you deserve.

Understanding What Affects Your Car Accident Claim

The timeline and outcome of an insurance claim after a car accident can vary greatly, influenced by several key factors. Understanding these can help set realistic expectations for your case.

Severity of Injuries: More severe injuries often result in larger claims, which can take longer to settle. These cases require a detailed assessment of long-term impacts and costs, such as ongoing medical care and rehabilitation.

Liability Disputes: When disagreements over who is at fault, the claim can become more complicated and take longer to resolve. Collecting evidence and legal arguments becomes crucial in these cases to establish liability.

Complexity of the Case: Some accidents involve multiple parties or complex situations, which can add layers of complexity to the claims process. These cases require careful navigation to ensure every aspect is thoroughly evaluated.

Throughout these situations, the role of an attorney is vital. They bring expertise in handling the nuances of each case, advocating for your best interests, and working to overcome any obstacles that might affect the duration and outcome of your claim. An experienced attorney can skillfully manage these complexities, ensuring that your case is given the attention and diligence it deserves for a fair resolution.

The Advantage of Hiring a Southern New Mexico Attorney

Navigating the aftermath of a car accident in New Mexico can be complex, but having a local attorney by your side offers significant advantages. Here’s why choosing a Southern New Mexico attorney can be beneficial:

Local Legal Expertise: An attorney familiar with Southern New Mexico’s legal landscape brings invaluable insights. They understand the local laws and regulations and how they apply to your case. This local expertise is crucial in navigating the legal system effectively.

Understanding of Local Roadways and Conditions: A Southern New Mexico attorney also knows about the area’s unique roadways and driving conditions. This understanding can be vital in building your case, especially when establishing fault or liability.

Accessibility and Personalized Attention: Working with a local attorney means easier communication and the ability to have more personal interaction. You’re not just a case number; you receive personalized attention and care.

Representation in Local Courts: Having an attorney familiar with the local court system and its officials can be a significant advantage if your case goes to court. They know the procedures and nuances of the local courts, which can aid in the presentation of your case.

At Tim Chelpaty Law Office, we are committed to providing the local expertise and personalized attention you need. Our deep understanding of the nuances of Southern New Mexico’s legal system and our commitment to our clients position us to advocate effectively for your rights. Don’t hesitate to reach out if you need representation or guidance after a car accident.

Your Path Forward After a Car Accident in New Mexico

Dealing with the aftermath of a car accident can be a challenging journey. From understanding the role of insurance adjusters and the importance of timely action to navigating the complexities of insurance claims and legal proceedings, each step is crucial in securing your rights and proper compensation.

Key points to remember are the critical time frames for filing claims, the necessity of understanding insurance offers, and the importance of having an attorney to negotiate and, if needed, litigate on your behalf. The severity of injuries, liability disputes, and the complexity of the case significantly impact the duration and outcome of your claim.

At Tim Chelpaty Law Office, we bring local expertise and a commitment to personalized service. We understand the nuances of Southern New Mexico’s legal landscape and are ready to guide you through each step of your case. We aim to ensure you receive the compensation you deserve, helping you move forward after an accident.

Don’t hesitate to reach out if you’ve been in a car accident and need legal advice or representation. Contact us for a consultation to discuss your situation and how we can assist you. Remember, you don’t have to navigate this process alone – we’re here to help.

When you or a family member has experienced medical malpractice, finding a competent medical malpractice lawyer is one of the most important decisions you could make. The general public knows about medical malpractice law because of what they have seen on billboards and television commercials.  I realized that most of these ads convey a message that a good medical malpractice attorney is one found by advertising.  Therefore, you might ask the question, What is a competent medical malpractice lawyer?  I intend to answer that question.  

What Do I Do As A Medical Malpractice Attorney?

As a medical malpractice lawyer, I focus on assisting injured claimants who are injured because of hospital or doctor negligence.  Medical malpractice occurs too often.  Recent studies have shown that preventable errors are the third cause of death in the United States.  Medical malpractice lawsuits are very complex.  As a medical malpractice attorney, first, I have experience concerning medical malpractice lawsuits.  When people select me as an attorney for a medical malpractice lawsuit, I tell them to accept only attorneys with experience taking medical malpractice cases all the way to and through a trial.  I advise clients to be careful with attorneys who only want to settle the lawsuit and not take the case to trial.  When I take a medical malpractice case, I must be able to prove that the hospital or doctor provided negligent care.  If I can prove negligence, it demonstrates to the claimant that I’m an experienced trial attorney.  Medical malpractice lawsuits are not the type of law where an attorney does it occasionally.  

As your medical malpractice attorney, I must prove the following:  type the duty of care, breaches of duty, causation, and damages.  To prove the above as your medical practice attorney, I must obtain considerable information.  First, we begin by reviewing all the medical records available.  This tells us what occurred, what was supposed to happen, and what should have happened.  We also obtain depositions of defendants, which can be used at trial.  We also work with medical experts who can write expert reports and potentially be witnesses at trial.  Lastly, we show the extent of the claimant’s injuries.  Medical malpractice cases are very difficult and complex.  Therefore, they can take as long as 3 to 5 years to complete.  Tim Chelpaty Law Office will help you through every stage.  

What is Medical Malpractice?

Medical Malpractice happens if the healthcare professional commits a negligent act that causes injury to the patients.  The negligence might be treatment, negligent care, or errors in diagnosis.  

Types of Medical Malpractice in New Mexico

The type of medical malpractice we’ve seen is misdiagnosis.  Unfortunately, this is quite common.  For example, we have seen where doctors have failed to diagnose a blood clot which subsequently became a stroke, and the patient suffered serious injuries.  

In a surgical error, we have seen where the incorrect surgical instruments were used, thus causing blindness to the patient.  

Failure to treat.  We have seen where failure to treat a patient caused the amputation of the leg.  

Other types of Medical Malpractice include:

Delayed Diagnosis

If the doctor makes a correct diagnosis but only after a substantial amount of time has passed, this happens when the healthcare professional makes the correct diagnosis but fails to recognize the problems that may aggravate the condition. 

Prescription Drug Errors

If the incorrect prescription is provided or the wrong prescription is filled, causing the patient to take the incorrect medication, the patient can experience adverse side effects, thus leading to injuries. 

Birth Injuries

Most of the birth injury claims are filed against OB/GYNs for birth injuries.  Some examples of birth injuries are nerve damage, spinal cord injuries, cerebral palsy, and dystocia. 

Failure To Treat

This occurs when there is a correct diagnosis, but the patient is never treated.

Anesthesia Errors 

Anesthesia errors are very grave because they can cause intense pain, brain injuries, and death.  

When you or a family member have been a victim of medical malpractice, please call the law offices of Tim Chelpaty.  We get you the correct compensation to which you are entitled.  

A misdiagnosis occurs if a healthcare professional incorrectly diagnoses a claimant’s medical condition. For example, if a doctor diagnosed a claimant with COVID-19, but the patient actually suffered from fibromyalgia, this would be considered a misdiagnosis.  Additionally, misdiagnosis can mean that a patient with a specific medical condition was diagnosed by a healthcare professional with another condition that the patient did not have.

MISDIAGNOSED MEDICAL MALPRACTICE CASES

The following are cases in which doctors can be held liable for injuries and damages that result from a misdiagnosis.  If misdiagnosis is not treated, I have seen where these types of cases can lead to wrongful deaths. Suppose you or a family member were the victim of misdiagnosis or delayed diagnosis. In that case, we, the attorneys at Tim Chelpaty Law Office, are here to help you examine your legal choices.  

A wide range of misdiagnosis and medical negligent cases include the following misdiagnosis and delayed diagnosis:

If a professional healthcare provider makes a correct diagnosis, but the diagnosis is delayed, it might be too late to give medical treatment or take preventative action.  A delayed diagnosis is a diagnosis that is accurate but does not occur in a timely fashion.  

Failure to Diagnose

This occurs when the healthcare provider accurately diagnoses a disease but fails to diagnose a related disease.  If a doctor’s mistake caused you injury or resulted in a family member’s death, you can bring a lawsuit against them for not acting according to the accepted standard of care.  

If we are trying a misdiagnosis lawsuit, we must prove that the healthcare professional in the same or similar specialty would not have misdiagnosed the ailment.  We would have to show that the doctor did not include the correct diagnosis on the list and that a competent healthcare professional would have done so.  

We will carefully view your case to determine your choices.  We will guide you through the process to get the compensation and legal justice you are entitled to.  Please set up a consultation with us today by calling 575-525-3123. 

New Mexico Dog Bite Liability

New Mexico law recognizes the one-bite rule. This means that before the owner of the dog can be held liable, the dog must have one prior incident for aggressively biting someone. Of course, the one-bite rule is not exclusive in deciding whether an owner is liable.

New Mexico Dog Bite Liability: Uniform Jury Instruction and Case Law. As an experienced dog bite attorney, I have a complete understanding of the New Mexico case law and Uniform Jury Instruction. This is very important in order to satisfactorily handle your dog bite case.

New Mexico does not have a statute concerning dog liability. New Mexico has a Uniform Jury Instruction which states that the owner of a dog is liable for damages caused by the dog if the owner knew or should have known that the dog was vicious or had a tendency or natural inclination to be vicious.

Smith vs. the Village of Ruidoso, 994P 2nd 2d50. This case spells out the exception to the Uniform Jury Instruction to a dog-bite liability UJI13-506. In New Mexico, the court rules that the knowledge requirement is not a negligent instruction but could be used for strict liability on the part of the dog owner. This means that if the dog owner knew of the dog’s dangerous propensities, the owner is strictly liable to the dog-bite victim rather than merely negligent. Negligence happens when the owner of the dog has a general knowledge of the way his dog behaves, fails to adequately confine his dog or prevent an injury. The Court found that negligence requires a separate jury instruction from strict liability.

What are the types of compensation? Economic Damages This includes past and future medical costs, including cosmetic treatment of scars, loss of income, loss of ability to earn income, damaged possessions, psychological treatment costs, and other costs related to the dog bite.

Non-economic Damages This includes pain and suffering from the injury, mental anguish, scarring, and other traumatic effects involving your life.

Punitive damages The aggressive dog’s owner knew that the dog was violent but let the dog socialize with people anyway. Punitive damages may be collected.

A dog bite problem in the U.S. According to the Center for Disease Control, there are about 4.5 million dog bites per year in the United States. This is equivalent to 1 in 5 of these which require medical attention, and most of the bites are done by dogs who had not been spayed or neutered.

Why do dogs bite people? There are several instances that can excite dogs to bite a human.

  1. Stressful situations
  2. Feeling scared or threatened
  3. Feeling the need to protect themselves, their owners, or their puppies
  4. Past abuse

Regardless of why the dog might have bitten a person. If you have been bitten by a dog without provocation, you are entitled to substantial compensation. If you are bitten by a dog, here are some helpful steps:

  1. Obtain the attacking dog’s proof of rabies vaccination.
  2. Obtain the dog owner’s contact information, including homeowner’s or renter’s insurance.
  3. Collect the contact information of witnesses and whoever had custody of the dog during the incident.
  4. Seek medical attention to treat the wound.
  5. Take pictures of the wound.
  6. Report the incident to the police.

Insurance Adjusters

Insurance adjusters are not required to tell you the full value of your claims for your property damage and bodily injury. Insurance personnel only want you to settle for the least possible amount. As an experienced Southern New Mexico car accident attorney, I assist you to receive the full amount of your claims.

How long do I have to make a claim for personal injuries? Generally, the time limit is 3 years to file a suit in New Mexico. Therefore, it is very important to receive advice from an experienced Southern New Mexico Personal Injury Attorney because exact time limits can depend upon the specific facts of your case. Also, it is important to hire an attorney soon after the accident. Insurance companies usually respond very quickly and so should you. As your trained auto accident attorney, I can help you preserve the evidence which might be lost.

Most personal injury law firms work on a contingency fee as does Tim Chelpaty Law Office. This means that you do not owe fees unless I am successful in recovering money for you. I will pay the court costs upfront. You will not owe me any fee or expenses unless we make a successful recovery in your case.

What should I do after a motor vehicle accident?

Claimants of auto accidents are entitled to just compensation for their injuries. Unfortunately, large insurance companies often make the claims process very difficult. Often, insurance companies don’t pay enough compensation to settle the damages and sometimes they refuse to pay just damages.

In New Mexico, automobile insurance laws require those involved in the auto accident to file reports with the police and Department of Transportation before filing for damage claims or personal injury lawsuits. In New Mexico, insurance companies are required to investigate the claim within 60 days to issue their decision in an auto accident claim.

Insurance company claims for a certain procedure. First, we will need to report your accident to the at-fault driver’s insurance company. Second, the at-fault insurance company will assign an adjuster to investigate the claim. The insurance company may contact me and request that you give a statement. Whether or not we give a statement depends on the facts. Insurance companies are not allowed to talk to you. They must address all correspondence to me as your attorney. After the adjuster for the insurance company completes his investigation, he will give a decision.

If the settlement is not sufficient to satisfy your damages, it is important to negotiate a higher amount. An insufficient settlement can prevent you from seeking the care you need to fully recover. Should the insurance company refuse to change their offer, you can instruct me to file a lawsuit. In any case, you will need a Southern New Mexico car accident attorney and you will need to call me at 575-525-3123.

In New Mexico, there are items that can lengthen your insurance claim. In simple car accidents which result in minor injuries, they take a shorter amount of time to resolve. Accidents involving severe injuries and unclear liability require more time. If you suffer severe injuries, more than likely you will require more expensive and lengthier care which can increase your settlement amount. More than likely you will need to take time off work and take your vehicle to a shop for extensive repairs. These factors increase your settlement amount. If you are seeking a large settlement, the insurance company more than likely will require additional time to investigate and settle your claim.

Another factor includes liability. If the at-fault driver does not dispute liability, then your claim will more than likely settle rapidly. If the at-fault driver claims that he is not responsible, it will take a longer time for the company to complete its investigation.

Hiring a Southern New Mexico attorney for a New Mexico insurance claim. Hiring me as your Southern New Mexico attorney can help because I will advocate for your best interest during each stage of your claim. I will evaluate your potential award amount and help you to obtain maximum compensation. For the best results, please contact me at 575-525-3123.

Listen to what sounds you hear at a nursing home. Residents yelling, screaming for assistance, or moaning, can be signs of poor treatment. It could be a sign of some mental disorder. Learn how staff members address the residents. The staff should address the residents by their names. This is a resident’s worth and the feeling of being respected.

Beware of understaffing If the CNAs and staff work overtime or double shifts, this could be a sign of understaffing which can adversely affect the resident’s care. If the staff is overworked, more than likely they will be overstressed. If the family believes that the resident is being neglected because of poor staffing ratios, they should file a complaint with the state agency that regulates the nursing home. If the residents are outside the rooms or rather outside doing activities, this is a very good sign because it shows that the resident’s needs are being addressed.

How does the staff treat each other? The staff is more than likely going to be rude to the residents if the staff is rude to each other. Furthermore, staff should spend its time charting at the end of each shift.

NURSING HOME WARNINGS

Does the nursing home address falls? Inevitably, falls normally occur at nursing homes because of the physical conditions of the residents. More importantly, it’s what happens after the fall that really matters. Did the staff check for injuries? Did the staff help the resident up from the floor safely? Was the resident checked for injuries that were not apparent the first time? Did the staff contact the family concerning the fall? The nursing home ought to call and meet with the family of the resident to determine why the fall occurred. Furthermore, the nursing home should take steps to protect the resident from future falls.

Are there inexplicable bedsores? Because of the physical disability of nursing home residents, bedsores are inevitable. A resident is capable of mobility thereafter the resident is developing bedsores; this should be addressed to the nursing home staff. Why is the resident in one position so long? Why isn’t the resident encouraged to walk? If a resident is confined to a bed, it should be determined if the resident is being rotated. These orders should be noted for rotation, and the rotation should be recorded in the resident’s medical chart.

Are the resident’s needs being satisfied? Ask how many times a day the resident’s adult diapers are changed if the resident is incontinent. If it is predetermined the amount of times a resident should be changed, that could pose a problem. If the resident isn’t wearing a clean adult diaper, wounds can develop. If a resident needs more changes, every two hours, the nursing assistants should change them more frequently.

Is there any bruising? As residents age, their skin bruises more easily because of medications and sensitivities. If you see a finger-shaped bruise or a handprint bruise on the resident’s body, it might be a sign of physical abuse, and it should be addressed with the staff.

How does the food appear and how is the taste? Dining with a resident in the cafeteria is an excellent way for family members to determine how well the resident is eating. When the residents are aging and losing sensitivity, food becomes a paramount issue. The nursing home should maintain a record concerning how much food the resident eats during each meal. If the resident isn’t eating the nursing home’s food but eats food brought by their families, this should be addressed with the staff.

What does the nursing home smell like? There can be peculiar odors. These odors can be attributable to certain medications or because the residents have flatulence. Furthermore, as people age, they lose control over their bladders and bowels. If a nursing home reeks with the smell of urine, it could be a sign that the nursing home is not being cleaned properly.

What is a Wrongful Death Lawsuit? The lawsuit for Wrongful Death is a claim usually initiated by the surviving family members or loved ones of the decedent who was killed as a result of someone’s negligent conduct. Also, the result can occur as the consequence of an intentional act. The lawsuit is normally filed against the person, persons, or entity which were responsible for the death.

Dealing with the death of a family member can be the most difficult period of time in your life. When the family member’s death was attributable to another party’s wrongdoing or negligence, usually the grieving process is increased by these negligent acts. You might have the right to file a wrongful death lawsuit. A wrongful death statute entitles the surviving family heirs to file a wrongful death lawsuit because of another party’s negligence causing the death of the loved one.

Wrongful death compensatory damages consist of the following:

  1. Funeral expenses
  2. Medical expenses
  3. Damage award will include interest from the date of the decedent’s death
  4. Loss of parental guidance
  5. Loss of income
  6. Potential future earnings.

How Wrongful Deaths Occur Wrongful Death occurs when a person is killed because of the misconduct or negligence of another party. Heirs who were dependent on the decedent may be entitled to monetary damages. Wrongful deaths can occur in the following ways:

  1. Automobile accidents
  2. Medical malpractice
  3. Premises liability
  4. 18 wheeler accidents
  5. Motorcycle accidents.

You will need a Wrongful Death attorney because of our experience and resources we have the ability to handle wrongful death cases and obtain adequate compensation.

If you have a loved one that is a victim of Wrongful Death, contact Attorney Tim Chelpaty. Serving the Las Cruces, Alamogordo, Silver City, Tularosa, Ruidoso, and Deming area for over 35 years.

Pharmacists have a duty of care to properly fill the prescriptions and maintain a record of all medications. If the pharmacist violates the standard of care, patients can be seriously injured. When the pharmacist breaches the standard of care, the pharmacist should be held accountable to compensate the patient.

Pharmacy Errors are a major problem in the United States. According to the Food and Drug Administration, approximately 1.3 million people are injured annually because of medication mistakes. Databases containing information about patients are maintained by pharmacies. Pharmacists should use the database to ensure that prescriptions are properly filled, considering other drugs which the patient might be taking. The databases also alert pharmacists about any dangerous situations concerning several medications.

Prescription Errors which have occurred are as follows:

  1. Prescription mistakes causing death
  2. Poisoning because of prescription errors
  3. Prescription errors causing toxicity
  4. Pharmacy errors attributable to underdose
  5. Pharmacy errors contributing because of overdose.

Investigating Pharmacy Errors/Negligence We use expert witnesses to review all of the pharmacy’s documents and maintenance records, as well as the quality control procedures used by the pharmacy. We identify deviations from the standard of care exposed by the negligence of the pharmacy management.

If you or a loved one has been injured as a result of Pharmacy Errors, contact Attorney Tim Chelpaty. Serving the Las Cruces, Alamogordo, Silver City, Tularosa, Ruidoso, and Deming area for over 35 years.

A medication error, according to the National Coordinating Counsel of Medication Error Reporting and Prevention, consists of a preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in control of the health care professional. Many studies have explored this subject since there is a large number of Americans who would die each year due to prescription errors. A report by the Institute of Medication stated that between 44,000 to 98,000 people die in hospitals because of medication errors which could have been prevented.

Things Causing Medication Errors The work environment leads to medication errors. It could be attributable to interruptions, inadequately staffing, sleep deprivation, language barriers, and lack of data concerning the patient. These can be caused by the following factors:

Although the pharmacist is paramount to reduce medication errors. In their conclusion, to reduce medication errors, the process must identify where most errors occur and implement a quality improvement program to reduce the risks of errors. Reporting errors by employees should be emphasized in a good-faith nonpunitive environment which leads to the reduction of pharmacy errors.

Emergency rooms have a tendency to be very busy. Emergency room physicians are some of the most challenged in medicine today. While emergency rooms can be chaotic, medical malpractice law might afford an emergency room doctor more latitude than might be given to other doctors who have time to map out the proper course of treatment. This latitude, however, must not be given unlimited leeway. Emergency room doctors are still held accountable for harms caused to patients because of deviations from the standard of care. The patient must prove three elements to win a medical malpractice lawsuit based on errors that occurred in the emergency room. These elements are as follows:

  1. That there was a patient-doctor relationship,
  2. The emergency treatment involved negligence, and
  3. The patient was harmed because of the negligence.

Doctor-patient relationship Establishing this relationship is generally straightforward. The doctor-patient relationship is typically formed when a doctor treats a patient in the emergency room. Records and treatment charts of the patient are usually sufficient to demonstrate a doctor-patient relationship.

Negligence Negligence occurs when the doctor fails to comply with the standard of care. A physician who does not provide care within the standard of care under similar circumstances might be liable for negligence. To prove negligence, the patient must establish:

  1. The standard of care, and
  2. Breach of the standard of care.

Emergency standard of care For most emergency room errors lawsuits, the standard of care requires expert testimony.

Standard of care breach The patient must show that the emergency room treatment did not comply with the standard of care. The plaintiff must prove that the physician’s negligence caused harm to win the medical malpractice lawsuit. This harm includes pain and suffering, the cost of medical bills due to additional corrective treatment, loss of earning capacity, and loss of the ability to enjoy life.

Having a baby is one of the most precious moments in a parent’s life. Nothing can compare to the excitement and joy felt when a couple realizes they are about to give birth. Pregnancy alone is tough. It’s filled with emotion and worry. Every parent-to-be worries about the health and well-being of both the mom and the baby. So many natural things can go wrong with a pregnancy, as we all know. But what if an injury occurs during the birthing process that could have been prevented? We all trust that our doctors are responsible individuals who always make the right decisions when it comes to our health. Unfortunately, in some instances, this is not the case. Some doctors are negligent when performing their regular duties and the baby and/or the mother suffers.

It’s important to know that some birth injuries are caused by complications such as:

Birth injuries can be caused during pregnancy or labor and delivery. Birth injuries and defects can often occur during traumatic deliveries, especially when the mother has medical issues. But not all birth injuries are caused by natural issues. Medical negligence, such as failure to give oxygen to the baby, delayed C-section, and the administration of improper drugs (during pregnancy or delivery), can cause serious, if not deadly, harm to a newborn. In situations where a medical error has been made by a healthcare professional during pregnancy or labor and delivery, the result can be devastating birth injuries. In many cases, if the doctor had been more attentive to signs and signals, or followed proper procedures and taken the necessary corrective action, there is a chance the injury could have been prevented. Specific errors include misuse of forceps, untimely delivery, failing to conduct a C-section in a timely manner, and improper fetal heart monitoring.

What are some signs your child has suffered a birth injury?

Birth injuries can lead to brain damage, cerebral palsy, and even death. If your child has suffered any of the above-mentioned issues, it’s important to seek immediate medical attention. Also, get as much medical documentation of your case as possible. Documentation could help if a lawsuit is brought against the negligent parties, as medical negligence cases are often very complex and tough to prove.

Birth injuries can have severe, life-altering effects on the child, mother, and family. Medical bills, financial loss, and a lifetime of pain, suffering, and possible disfigurement should all be compensated if a healthcare provider’s negligence is to blame.

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