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CMS’s Renewed Public Reporting of Hospital-Acquired Conditions Falls Short

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

It was reported last week in USA Today that the Center’s for Medicare & Medicaid Services (CMS) will be making information available to the public on hospital acquired conditions.  This seems like a good step forward but it actually is a step back and by no means enough to protect patients and families. Short List of […]


Surgical “Never Events” – Underreported and Undercompensated

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

Surgery does not always go as expected.  Sometimes, surgeries simply fail to improve the patient’s conditions.  Other times, surgery may worsen the patient’s condition. This does not mean that medical malpractice has occurred.  In fact, in the great majority of these cases, medical negligence played no role in the poor outcome. However, there are some […]


CMS’ List of Inexcusable Hospital-Acquired Conditions Targeted for Non-Payment

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

The epidemic of hospital-acquired illnesses has been ongoing for quite some time.  In fact, it seems to grow worse with each passing year. In the landmark 1999 study from the Institute of Medicine, it was estimated that as many as 98,000 Americans died each year as a result of preventable medical error.  Those estimates have […]


Ventilator Associated Pneumonia – Bad But is it a “Never Event”?

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

There are a number of “never events” in hospitals.  The list of never events arose out of recommendations from the National Quality Forum and the Centers for Medicare & Medicaid Services. These so-called “never events” are according to an article from the American Journal of Managed Care  “medical errors so egregious they should never occur.”  […]


Work Injuries, Contractors and Personal Injury Lawsuits in New Mexico

August 28, 2014, by Collins & Collins, P.C.

Contractors are utilized in numerous industries and occupations.  In some situations, such as construction, the work site may be crawling with contractors and subcontractors.  When personal injuries occur with a contractor, there are many issues that will arise regarding liability. Contractor Employees Work Injury Claims Against Own Employer As with all work injuries, the employees […]


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 […]


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 […]


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 […]


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 […]


“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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