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Deadlines on Excessive Force Claims Against the Albuquerque Police Department

April 15, 2014, by Collins & Collins, P.C.

Due to the recent Department of Justice report on the Albuquerque Police Department’s rather routine use of  excessive, unnecessary and unconstitutional force, many otherwise reluctant victims of the APD may be coming forward. One issue that will immediately arise or should arise is the statute of limitations and other deadlines on police misconduct claims in New […]

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Potential Excessive Force Claims Against the Albuquerque Police – State Law Claims

April 14, 2014, by Collins & Collins, P.C.

The recent Department of Justice report on the Albuquerque Police Department’s pattern of excessive and unjustified force has raised many issues.  One issue that has been ongoing for quite some time and will likely gain steam due to the findings in the report is the financial exposure of the City of Albuquerque for these long-standing […]

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Doctor Duty to Inform Patient of Need for Specialist? Yes, but…

April 11, 2014, by Collins & Collins, P.C.

A doctor’s duty of care to a patient in New Mexico is fairly broad.  One important aspect of the duty of care is the duty to refer a patient to a specialist when one is needed. Medicine has Grown More Specialized Obviously, this duty is extremely important.  Medicine has grown increasingly specialized.  With specialization, there […]

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Information on Pharmaceutical Payments to Doctors Available and Soon to Expand

April 2, 2014, by Collins & Collins, P.C.

The Physician Payment Sunshine Act requires pharmaceutical companies and medical device manufacturers to report all payments to doctors and physicians.  The coverage is pretty broad; covering a wide range of medical providers, manufacturers, group purchasing organizations, and teaching hospitals. The data on payments is set to be released to the public in September of this year […]

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Statute of Limitations on Personal Injury Cases Involving Children

April 1, 2014, by Collins & Collins, P.C.

The statute of limitations on New Mexico personal injury cases involving children is quite a bit different than for adults.  They also differ depending upon the nature of the defendant and the nature of the case. The rules can be pretty confusing, so if you are unclear on the statute of limitations for your child’s […]

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Administrative Claim Requirements in Medical Malpractice Claims Against the VA

March 25, 2014, by Collins & Collins, P.C.

What and When to File? We addressed the filing requirement for a medical malpractice claim in a prior post.  In a nutshell: 1.     An administrative claim must be filed prior to a lawsuit, 2.     The administrative claim must be filed within 2 years from when the claim arises, 3.     Only after the administrative claim has been […]

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Filing Requirements on Medical Malpractice Claims Against the VA

March 13, 2014, by Collins & Collins, P.C.

Medical errors leading to serious injury or death are far too common in the U.S.  In fact, death by preventable medical error is the third leading cause of death in the U.S. behind only cancer and heart disease.The VA Health Care System (VA) is no different. Like all medical malpractice claims, there are strict requirements […]

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Law Prohibiting Texting and Driving Signed Into Law in New Mexico

March 3, 2014, by Collins & Collins, P.C.

New Mexico Governor Susanna Martinez has signed into law a bill that prohibits texting on New Mexico roads. The new law is a good step in the right direction in addressing what has become a very serious problem on New Mexico roads, which is reflective of a wider national problem.  This behavior leads to an […]

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Significant Burden on Plaintiff When Adding Defendants After Statute of Limitations Has Run

February 3, 2014, by Collins & Collins, P.C.

The statute of limitations is a deadline on the filing of lawsuits, including personal injury and wrongful death claims. For personal injury/wrongful death claims against a private entity, the statute of limitations is 3 years. Seems simple enough. Not so fast. There are often complications that can make meeting the deadline somewhat tricky. This was […]

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Failure to Disclose Medical Conditions to Patient: There is Jury Instruction for That!

January 30, 2014, by Collins & Collins, P.C.

There are many times when we go to the doctor to address one issue, and it turns out there other medical issues involved as well. Most doctors would point these other issues out without hesitation. However, there are occasions when the other issues are not reported to the patient for any number of reasons. This […]

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