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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:
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?
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.
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.
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.
If you can prove these four things, then you may have a case.
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
Fatality
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.
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.
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.
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.
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.
Nursing home abuse takes many forms, with some less obvious than others. So if your loved one is being abused, you may not notice it at first.
Physical Injuries, Repeated falls, Sores or strange marks around the genitals, Unexplained cuts, bruises, or broken bones, Emotional Changes, Being scared of particular residents or staff members, Complaining about treatment from staff members, Increased signs of anxiety and/or depression.
Other Signs: Frequent illnesses or infections, Loss of finances, Malnourishment and/or dehydration, Poor hygiene, Untreated bedsores or other wounds.
Since the warning signs of nursing home abuse can vary greatly, it is important to have a keen eye when visiting your loved one. Some residents may not speak out about their abuse if they are too scared to do so or they cannot communicate due to a physical or mental condition such as dementia.
Outside of nursing home abuse, staff members can also harm residents indirectly by neglecting their needs.
Nursing home neglect is a pattern of failures or errors that cause significant harm to a resident. And it can be just as harmful — or just as deadly — as nursing home abuse itself.
For example, a paralyzed woman with dementia was left in her own urine at a North Carolina nursing home facility every day for a week. The woman filed a complaint with the state — making a total of 21 complaints against the nursing home since 2011.
According to the CDC, roughly 70% of all nursing homes are for-profit. These nursing homes are typically run by companies that own multiple senior care facilities.
The main goal of a nursing home should be to help seniors age gracefully and safely. However, some nursing home companies focus on making money above all else.
A 2019 study published in the medical journal Gerontology found that seniors in for-profit nursing homes showed more signs of neglect, and the facilities themselves were of poorer quality.
Further, a 2018 report from the New York Times found that some nursing home companies outsource aspects of their care to other companies they own. This allows corporate leaders to use nursing home funds to essentially pay themselves.
Nearly 75% of nursing homes in the United States outsource some aspects of their care to a related company, according to the Times.
Across the nation, nursing home abuse laws have been established by state, local, and federal governments to prevent residents from being hurt and to bring abusers to justice.
Nursing home abuse laws vary from state to state. Some states have established elder or nursing home abuse task forces to keep residents safe. Other state laws allow hidden cameras in nursing homes to catch abusers on camera.
On a broader scope, federal nursing home abuse laws mandate that nursing homes must report and investigate whenever allegations of abuse or neglect are reported to the state.
Federal and state laws continue to evolve today — and, with the help of law enforcement and attorneys, victims of nursing home abuse can seek justice.
Those who have suffered from abuse may want to consult a nursing home abuse lawyer to discuss their legal options.
When seniors enter a nursing home, they expect — and deserve — the highest quality care possible. Sadly, nursing home abuse is an all-too-common problem that devastates victims and their families every year.
Though police action may put abusers behind bars, victims may still be left with high medical bills or drained finances. This is where nursing home abuse attorneys can be very helpful.
These attorneys have seen the horrors of abuse first-hand through previous clients. They ultimately want to help victims recover from the harm done.
Gather evidenceFile a lawsuit against nursing home corporations, administrators, and staff membersHelp victims receive financial compensation for medical bills and other expensesThrough a nursing home abuse lawsuit, families may receive a cash payout to cover lost savings, medical bills, and other expenses. Nursing home abuse lawyers can work on their client’s behalf to help them receive the highest amount of compensation possible in the shortest amount of time.
Nursing home abuse is a heinous and inexcusable act. It should be addressed and reported immediately to prevent more harm from being done.
To report nursing home abuse, talk to your local police authorities. If your loved one still lives in the nursing home where they were abused, you may want to consider moving them somewhere else to protect their safety.
Countless individuals die in roadway accidents in the U.S. each year. The bulk of the mishaps that occur involve unfortunate passenger vehicle incidents. The drivers are usually the main cause of car accidents. Other reasons of vehicle collisions include bad weather and complicated road conditions.
It is imperative for vehicle owners while driving to be very cautious to put a stop to the droves of automobile accidents occurring yearly. There are various quality safety driving guidelines that must be followed to lessen the risk of a crash. If every single individual comply with these simple road rules it would decrease the amount of accidents quite substantially.
A car should be regularly maintained and checked for any complications monthly. Maintaining a routine schedule for vehicle servicing is a standard preventative procedure that you can easily do. All drivers should examine the front and even the rear mirrors of their vehicle to prevent a possible accident. Having appropriate mirrors allow a clear unaltered view of other nearby cars. This can help you to avoid common yet deadly automobile accidents.
We all know the dangers associated with drinking and driving. Judgment is impaired when anyone is under the influence of alcohol substance or drugs. Its impossible to drive safely in that state. Drinking while driving is a fraudulent offense in America. Operating any form of machinery under the influence of a substance is severely prohibited.
When driving it is essential to maintain the correct distance between two vehicles to steer clear of back bumper accidents. A driver should never attempt to grasp for things in their vehicle while driving. There’s a higher likelihood that the driver could fail to retain control of the car and cause a fatal collision. Another issue while driving is road rage. Each driver must manage their temper when on the road.
As soon as possible after the slip and fall, you should obtain medical treatment. Prompt medical treatment will show that you were injured and will help the credibility of your claim. You should inspect the area where you fell. You should be able to determine the cause of the fall. If possible, immediately obtain pictures of what caused you to fall.
Next identify witnesses. Obtain the names, addresses, and phone numbers of anyone who witnessed your fall. Even if someone did not witness the fall, they could describe the conditions of the floor and your pain.
You should complete the accident if the slip and fall occurred in a business. If possible, you should request a copy of the accident report. Do not give the insurance company a recorded statement. If you give a recorded statement without the assistance of an attorney, you might say something to minimize your injuries or liability.
You should not use a social media. Insurance companies frequently look at social media to determine whether or not they could use anything you posted to minimize your damages and their liability. The insurance companies use the social media to counteract anything you might allege concerning the slip and fall.
Do not talk to store representatives. In addition to using insurance claim adjuster investigations, store representatives might call you directly. You should not talk to store representatives because you might say something that adversely affects the legitimacy of your injuries.
