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Claims of Progress at VA Hospitals Suggest Pervasive Past Violations of Duty of Care

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

According to the Associated Press (AP), the Department of Veteran Affairs has significantly increased the rate of referrals of veterans to private medical providers. This is apparently in response to the lengthy wait times that veterans face in receiving medical care, and more precisely to the scandal associated with the falsification of records related to […]

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Congress Recognizes Medical Malpractice Epidemic and Does What Now? 

July 22, 2014, by Collins & Collins, P.C.

In light of all the hype regarding the crisis of frivolous medical malpractice claims, most folks might be surprised to learn that Congress has recognized the epidemic of medical malpractice since 1986.  In fact, an Act of Congress was passed in that year to try to deal with it. The simple fact is the way […]

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Failure to Diagnose Heart Attack

July 18, 2014, by Collins & Collins, P.C.

Diagnostic error leads the way in instances of medical negligence as well medical malpractice lawsuits.  Heart attack (myocardial infarction) misdiagnosis, along with cancer, the most frequently misdiagnosed condition. In order to avoid the often deadly consequences of a failure to detect a heart attack, clinical practice guidelines have been established.  These guidelines call for specific […]

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Lost Chance Damages and Failure to Diagnose Cancer

July 16, 2014, by Collins & Collins, P.C.

Failure to timely diagnose cancer can have disastrous consequences for the patient.  This failure can lead to serious and permanent injuries.  Far too often these failures result in the wrongful death of the patient.   In fact, diagnostic errors and the failure to diagnose cancers are the most frequently filed medical malpractice lawsuits. Wrongful Death Often […]

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“Heroic” Negligence at the Albuquerque VA Hospital?

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

The 911 call, “We called our rapid response here at the hospital but unfortunately they won’t respond to him because he’s out of the main medical building … There’s a table of doctors sitting right next to him and none of them are doing s—”.  The VA hospital response, “Regardless of who was sitting at nearby […]

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Beat Goes on at the Albuquerque Police Department

July 10, 2014, by Collins & Collins, P.C.

Despite the damning 46-page report from the Department of Justice, apparently the beat goes on at APD. There have numerous cases since the release of the report regarding the use of excessive and unnecessary deadly force.  Now it appears that APD will be equipping its officers with military grade weapons which in light of the […]

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UIM Carrier Approval Required for Policy Limits Settlement

July 8, 2014, by Collins & Collins, P.C.

Getting Approval of Policy Limits Settlement from Underinsured Carrier  There have been many developments in the recent past concerning uninsured/underinsured motorist coverage (UIM) in New Mexico.  The rights of the policy holder with UIM coverage following a car accident have greatly expanded during this time. Likewise, the duties on insurance carriers in full disclosure concerning UIM coverage have […]

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Systemic Neglect in Military Hospitals and Patient’s Right to Sue 

July 4, 2014, by Collins & Collins, P.C.

The bad news on medical care for our armed forces just keeps getting worse.  Following up on the revelations regarding extensive waiting times and secret waiting lists at the VA Hospital, a new investigation from the New York Times reveals some equally disturbing patterns of neglect at our military hospitals. Findings of Systemic Neglect in […]

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Update of Retroactive Application of New Mexico Underinsured Coverage Case-Law Developments

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

There have a series of New Mexico Supreme Court opinions over the last 10 years expanding the duties on insurers to obtain proper rejection of uninsured/underinsured coverage motorist coverage (UIM). The first of the opinions during that time was the 2004 case of Montano v. Allstate, which dealt with the proper rejection of stacking coverage.  Following on […]

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VA Hospital Delays in Treatment – Wide Variety of Possible Medical Malpractice Claims

June 23, 2014, by Collins & Collins, P.C.

The recent revelations about the appointment waiting times suggest systemic medical negligence of Veteran patients.  This negligence has undoubtedly led to harm of many of the VA Hospital system’s veteran patients. Likewise, there will likely be a wave of personal injury and wrongful death lawsuits associated with the systemic delays in treatment. Possible Harm from […]

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