Albuquerque Law Blog

What damages can be awarded in medical malpractice claims?

Medical malpractice claims can be particularly upsetting. In these cases, people are often dealing with an adverse medical event and claims of wrongdoing, which takes an enormous toll on everyone involved. There can also be considerable financial damages involved.

More specifically, there are three categories of damages that courts could award to people injured by medical negligence or recklessness: economic, non-economic and punitive.

Things you can do to prevent a truck accident

As the driver of a passenger vehicle, you have no control over other people on the road. For example, you'll always be in close proximity to commercial trucks, and, obviously, you can't control the decisions these drivers make.

Fortunately, there are steps you can take to help prevent a truck accident. Again, there is no guarantee that you will never run into trouble, but you might as well do whatever you can to remain safe.

What happens when a party breaches a business contract?

Contracts are often the backbone of professional relationships, whether they are between employer and employee or partners developing new buildings. When parties are clear in the expectations of the relationship and follow through with their agreements, everyone can benefit.

However, this doesn't always happen. There are situations when a party breaches -- or is accused of breaching -- a contract. Should this happen, a legal dispute can arise putting the end product and the relationship in jeopardy. If you are in a situation involving an alleged breach of contract, you should understand a few basic elements about these claims.

What are typical causes of a truck accident?

Sadly, truck accidents happen all the time. They leave people with very serious injuries, and they often claim lives. When these accidents do happen, it is imperative that a full investigation be done to find out if any negligence or recklessness was involved in the crash. Sometimes, this is the case. But there are other reasons why a truck accident may occur.

Consider that, sometimes, it is actually the other vehicle's fault that a truck accident occurs. This can happen when another vehicle is traveling in a truck's blind spots, or when they abruptly merge in front of, or turn in front of, a truck. Remember, trucks are heavy, powerful vehicles with a lot of momentum. If you turn in front of one suddenly or brake suddenly, it will be very difficult for the truck to stop before it collides with your vehicle.

5 car accident delayed injury symptoms

All car accidents are different, ranging from horribly severe to a small fender bender, but even a low-speed collision can cause injuries as your body tenses during impact.

When injured at the scene of the crash the injuries are obvious, such as fractures or lacerations, but other types of injuries are not immediately apparent. You might feel fine right after the collision, but there are delayed injury symptoms that can slowly reveal themselves after an accident.

Are there ways to defend against a medical malpractice claim?

Medical malpractice is a serious matter for all parties involved. The person filing the lawsuit has been wronged in their eyes, and they want some semblance of justice. The person or institution on the receiving end of that lawsuit is trying to maintain their reputation and defend themselves accordingly. When you hear about medical malpractice cases, it is easy to think that the plaintiff is always in the right. However, there are ways that medical professionals and institutions can defend themselves in these cases.

First, it is important to understand that medical malpractice falls under general negligence law. This means that all defenses used for general negligence cases apply to medical malpractice cases. Claims could be made that medical standards were upheld during a procedure that the plaintiff claims was negligent or substandard (as an example).

Study finds way of reducing medication errors

Any time a mistake happens in a hospital, the consequences could be fatal. As such, it is crucial for hospitals to thoroughly examine any potential solutions that could minimize errors and save patient lives. 

One such solution that hospitals across Albuquerque and the rest of the U.S. may be considering is having a pharmacy professional take medication histories in the Emergency Room. Currently, doctors or nurses usually do this. However, a study revealed that having a pharmacy staff member fulfill this role could lead to a whopping 80 percent drop in medication errors.

FMCSA to examine excessive commuting in the trucking industry

Commuting to work can be a headache for anyone, between the boredom, traffic and the time away from family. Additionally, excessive commuting could present particularly troubling fatigue-related problems for people who work as drivers in the trucking and transportation industries.

Recently, the Federal Motor Carrier Safety Administration proposed a survey to assess how many drivers routinely commute for more than 150 minutes for their job, calling it "excessive commuting."

5 reasons for car accidents that are hard to avoid

Some car accident causes, like speeding or distracted driving, are relatively easy for anyone to avoid. It's just a conscious choice. However, plenty of accidents in New Mexico have external causes that can seem all but impossible to avoid.

 

How to establish a medical malpractice case

When someone suffers horrible pain because of a botched medical procedure, it seems obvious that it would be considered "medical malpractice." Similarly, if you are misdiagnosed by a doctor or you are neglected while in a hospital -- thus leading to serious medical complications and issues -- you would think this would be considered "medical malpractice." In many cases, these are proven to be so.

But there are times where medical malpractice can't be proven, and this can be an upsetting realization. Medical malpractice must be established and proven. So what do you need to do as a victim of medical malpractice to do this?

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