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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.

Sustaining damages due to the negligence of a hospital can be an emotionally traumatizing experience.  Some may sustain permanent conditions that will affect the rest of their lives, while others may lose their lives.

When a victim experiences damages due to malpractice or medication errors in hospitals, you are able to bring a hospital negligence case against that hospital, nurse, or other medical provider or facility.  The victims of medical malpractice or medication administration errors at a hospital's hands, including their families, can be deeply affected by the injuries sustained.  Many of these people may require ongoing therapy and long-term care.  With severe injuries, victims may lose income from being unable to work. 

In hospital malpractice or hospital negligence cases, the injured party must prove that the hospital was negligent in practicing below the standard of care, resulting in and causing damages.  Allowing an expert hospital negligence attorney to handle your claim is essential to ensuring that all resources are utilized to present the strongest case for receiving maximum compensation for your injuries. 


Cases of hospital malpractice or medical malpractice vary in cause and type.  We can thoroughly investigate the circumstances surrounding your injury to determine what parties can be held accountable for negligence or medical malpractice.

Some common cases in which a hospital may be held responsible for malpractice include:

Most important things to do in a case of Hospital Malpractice

If you or a loved one has been the victim of hospital malpractice or medical negligence, do the following:

Why carry Uninsured/Underinsured Coverage on your car in Southern New Mexico?

If the at-fault driver has no liability insurance, you can only recover monetary compensation for your injuries unless you have Uninsured/Underinsurance Motorist Coverage.  Drivers who do not have the required liability insurance are Uninsured motorists.  Drivers who do not carry sufficient liability insurance coverage are Underinsured motorists.

Check your auto insurance policy for sufficient Uninsured/Underinsured coverage.

What are the causes of pedestrian accidents in Southern New Mexico?

What to do if you are in a pedestrian accident?

Uninsured/Underinsured Motorist Coverage in New Mexico

New Mexico requires insurance companies to offer their customers Uninsured/Underinsured Motorist Coverage known as UM/UIM.  Since there are so many New Mexico drivers who are insured, insurance companies must offer policyholders minimum Uninsured Motorist coverage along with minimum liability insurance. 

This policy should include at least $25,000 for Bodily Injury per person, up to $50,000 per accident, and $10,000 in Uninsured Motorist Property Damage must also be offered.  If the at-fault driver does not have any liability insurance, your own UM/UIM would then be provided.

 You can also stack UM policies in New Mexico.  This allows a policyholder to combine the policy’s limits for each vehicle.  As of 2021, insurance companies must also adequately disclose the limitations of minimum Uninsured Motorist coverage New Mexico companies offer.  Otherwise, they cannot charge policyholders a premium for it. Underinsurance coverage kicks in when the at-fault party does not have sufficient liability coverage to pay your damages. 

If you reject the coverage, you will not have any protection for your damages.  New Mexico recognizes how important UM/UIM coverage is and therefore makes it very difficult for insurance companies to permit the rejection of UM/UIM coverage. 

Bicycling Accidents in Southern New Mexico

In the United States, New Mexico has the second-highest number of bicycling fatalities.

Millions of people ride bicycles in New Mexico.  1,700 cyclists were treated for injuries suffered while riding bicycles in 2013. 

Common causes for bicycle accidents are as follows:

Bicycle and auto collisions are one of the most common causes of accidents. Unfortunately, these accidents result in serious injuries.  Most bicycle accidents occur because of falls or collisions with automobiles.  138 cyclists died from accidents involving automobiles in the year 2017.  Understanding the most common causes of bicycle accidents helps us to determine if road safety precautions are sufficient to protect bicyclists while on the road. 

Automobiles and Bicyclists are allowed to share the same road.

A motorist must treat a bicyclist with the same safety precautions and respect as they would treat any other motorist.  The law allows bicyclists to take up the entire width of one lane.  Bicyclists must keep up with the traffic as the law requires.  Some roads do not contain bicycle lanes.  Bicyclists in this case only have the option of staying as far to the right as possible.  Reflectors and lights enable bicyclists to take extra precautions to increase their visibility on the road. 

Bicycle Accident Injury Stats

When a cyclist has an accident, there are various reasons.  Bicyclists may contribute to their accidents by the following common causes type of bicycle injuries.  Accident injuries can include severe trauma to different parts of the body:

If you’ve been involved in a bicycle accident, consider legal representation.  I, as your personal attorney, can assist you in the litigation process with insurance companies.  I work on a contingency fee basis, so I never collect unless I secure a financial recovery for you.  Call me at 575-525-3123 for a Free Consultation so we can discuss your legal options in the event of a bicycle accident. 

Pedestrian Accidents in New Mexico

New Mexico has the highest rate of pedestrian deaths in the country in four of the five years 2014 to 2018.  The 2018 state rate of 3.96 fatalities per 100,000 population was more than twice as much as the national rate of 1.92. 

Approximately 20% of pedestrians in crashes were alcohol involved.  For injuries in hit-and-run crashes, there has been a gradual increase in both the number and the rate of pedestrians in hit-and-run crashes. 

Environmental conditions and lighting conditions play a tremendous role in the severity of pedestrian accidents. 

Auto-Pedestrian Accidents Liability

In certain situations, the pedestrian can be considered partially at fault for the accident.  In New Mexico, liability is based on a system of comparative fault.  All parties involved in the accident are responsible for damages according to the percentage of fault for the accident. If the pedestrian is considered partially at fault, the amount of compensation might be affected. 

Medical Malpractice

It is very beneficial to have a medical doctor review the medical records to assess the care given to a patient and to determine whether or not there was a deviation from the standard of care. 

Threshold of Damages

It’s good to have a threshold of damages because it tells you whether or not the case is worth pursuing as a practical matter.  If the threshold of damages is high enough, then it is worthwhile to pursue the case and incur the costs.  But if the threshold of damages is too low, then it is not worthwhile to pursue the case. 

I am a Southern New Mexico Personal Injury Attorney with 35 years of experience, representing those who have been injured in Southern New Mexico.  My whole law practice is dedicated to Personal Injury claims.  I have helped many people in Southern New Mexico who had had car accidents involving Uninsured and Underinsured at-fault drivers.

Brain damage caused at birth is medical negligence. Parents of a child who suffers brain damage at birth, fear for the future and health of the baby. Severe hemorrhage normally is the result of physical brain trauma. Also, when the brain is deprived of oxygen, it can cause catastrophic brain injury. These two types of injuries are the biggest causes of injuries to an infant. 

When there is intracranial hemorrhage, there is bleeding in the baby’s brain which is caused by the rupture of a blood vessel within the skull. Acute bleeding in the infant’s brain cause result in a deformity of the infant’s skull because of a rough labor and delivery. Depravation of oxygen can cause brain damage.  To determine if a rough vaginal delivery or lack of oxygen during birth caused the child to suffer a severe brain injury, the parents must obtain the medical records. In very premature infant births, bleeding in the brain is more common. When this happens, there is a less amount of oxygen in the blood and inadequate blood flow.

Subdural hemorrhages happen between the outer and inner layers of the brain. With subdural hemorrhages, newborns may develop seizures. Subarachnoid hemorrhages occur below the inner most of the two membranes that cover the brain.  Subarachnoid hemorrhages usually occur in full term newborns. Intraventricular hemorrhages occur in the brains ventricles. 

If your child has suffered a significant brain injury at birth, which might be the result of medical malpractice involving a diagnostic error or medical procedure, please contact Chelpaty Law Office to discuss this potential claim. 

A large truck accident is much more catastrophic than an automobile accident. The 18-wheel trucks normally weight more than 25 times more than the average car. Accidents between 18-wheelers and cars normally results in very serious injuries, including fatalities. According to the National Highway Traffic and Safety Administration, there are 333,000 long truck accidents annually.  Most of these accidents are the result of driver negligence. 

In your claim, you must prove that the driver of the truck was negligent and that the negligence caused your injuries. Violation of State or Federal regulations improve your ability to win your claim.  Courts have said that when there are State or Federal regulatory violations, there is enough proof of negligence. 

The two most frequently violated semi-truck regulations, are (1) the CDL driving regulations consisting of driving, maintenance of the truck, pre-trip routine inspections, and the containment of hazardous material. (2) the logbook regulations, which consist of the number of hours the driver has driven, date when cargo was picked up, weight of truck before and after cargo is on board, and date of delivery. If the truck driver willfully violated these regulations your claim might be entitled to punitive damages, plus your actual damages. 

How do I know if I have a case?

If you can prove these four things, then you may have a case.

  1.  That a legal duty existed.
  2. The other party failed to exercise a legal duty.
  3. You were injured directly or indirectly because of a breach of duty.
  4. There was money lost that can be recovered from the other party.

Accident Types

Sideswipe Collisions                                 T-Bone Collisions

Head-On Collisions                                   Multi-Vehicle Pile-ups

Vehicle Rollover                                         Vehicle Types

Car Accidents                                             Truck Accidents

Motorcycle Accidents                                Bus Accidents

Nonfatal Injuries                                         Whiplash Injuries

Back and Neck Injuries                               Herniated Discs

Broken Bones                                                Head Trauma and Concussions

Serious Injuries                                            Coma

Spinal Cord Injuries                                    Traumatic Brain Injuries


Statistics from the Journal of the American Medical Association state that medical negligence is the third leading cause of death in the country. These shocking statistics highlight the issues around poor treatment and how it can affect both patients and families. Around 225,000 die each year due to medical malpractice, which leaves families in emotional and financial crisis. Many seek the services of a medical malpractice lawyer to represent them. Here’s what they do. 

Medical Malpractice Lawyers work on a plaintiff's behalf to seek compensation in the event of medical negligence. They’ll assess whether a claim is valid and take you through the necessary paperwork. If an organization admits responsibility or a judge determines the plaintiff's injuries were caused by medical teams negligence, then an amount of money is awarded.

The most important job of a medical malpractice lawyer is proving negligence. This can take time, but if they cannot do this, then your claim will be thrown out. Finding the best lawyer will ensure your case is looked at thoroughly and if it’s pursued there’s a good chance you’ll win. 

Proving Negligence

The hardest part of medical malpractice lawsuits is proving negligence. It’s a complicated process, and reputable lawyers will give you an idea of if it’s possible. There are certain elements a lawyer must prove for the claim to be successful. It’s essential to show that the medical practitioner had a duty of care, which means the claimant was their patient.

A duty of care means that a medical professional should act professionally and provide a high standard of care to patients. If they do not, then they’ve breached their duty as a doctor, and there’s cause for the case to go to court if necessary. 

Other Factors

A medical malpractice lawyer will consider all aspects of the law and decide whether a doctor neglected the patient. There are no guarantees that a lawyer will be able to prove this, so you should be prepared for your case to be turned down. Many low-cost lawyers will tell you there’s a strong case, but it could be a waste of time. Choose a law firm with a good reputation so you know you’ll get the best representation.

It’s also essential for your lawyer to prove that your illness or injuries were a direct consequence of the care performed by the medical team. This can be the hardest part of the lawsuit, but your lawyer will gain evidence to support the claim. 

Building a Case

Your lawyer will work hard to build a case, which involves many aspects. Some claimants choose to build their case, but the amount of work involved means it’s best for a lawyer to do the job. This consists of gathering medical evidence, taking dispositions of everyone relevant to the case and accompanying plaintiffs to examinations. This way your lawyer can get a first-hand look at your injuries and understand how they’ve affected your daily life. They’ll also put together a set of witnesses that can support your claim and verify the injuries you suffered to have a lasting effect and conduct extensive research.

Getting the Best Deal

In most cases, your lawyer will try to reach an agreement before the case goes to court. If there’s enough evidence, then the medical company will want to make an offer instead of going through a trial. However, if they aren’t willing to offer an amount of money you’ll agree to, then it’s likely court might be your only option. Your lawyer will provide professional representation, and most law firms offer a no win no fee service. This means if you don’t win your case, you won’t have to pay them. The most important thing is you get a settlement that suits your needs, and an excellent medical malpractice lawyer will help you do that. 

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