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Military Personnel Have No Right to Competent Medical Care and No Right to Answers when Inexcusable Errors Occur

May 23, 2015, by Collins & Collins, P.C.

There has been 70 years of judicial hand wringing following what has become a national disgrace in the aftermath of the 1950 Supreme Court decision of Feres v United States.  Feres itself suggested Congressional action to address the ambiguities in the Federal Tort Claims Act giving rise to its decision. For over for over 70 years, […]


Local v. National Standards of Medical Care in Medical Malpractice Claims

May 15, 2015, by Collins & Collins, P.C.

In medical malpractice cases, there will be a mix of local and national standards.  As a rule, the injured patient (or far too often the surviving loved ones) must meet both. New Mexico’s rules state that the standard of medical care is governed by the standard of care in the locality involved.  However, due to […]


Myths of Medical Malpractice Bring Caps Back to Missouri

April 27, 2015, by Collins & Collins, P.C.

Medical malpractice caps are regularly in the news. Last week the Missouri legislature passed a bill to reverse the Missouri Supreme Court 2012 ruling in which the court had ruled caps to be a violation of the constitutional right to a jury trial. Their supreme court had it right. The entire premise of the bill […]


House Passes Bill to Protect Medical Malpractice Insurers on Backs of Innocent Patients

April 15, 2015, by Collins & Collins, P.C.

A bill passed through the U.S. House of Representatives last month.  H.R. 1470’s stated purpose is: “To amend title XVIII of the Social Security Act to repeal the Medicare sustainable growth rate and improve Medicare payments for physicians and other professionals, and for other purposes.” Buried deep in the bill is a provision that states that […]


Trucking Accidents Met with Denial of Responsibility

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

The latest study on large truck accidents from the National Highway Traffic Safety Administration (NHTSA) indicated an increase in the number of injuries and wrongful deaths from 2011 to 2012. The May 2014 report found that fatalities from large truck accidents increased by 4% from 2011 to 2012.  This reflects 3921 deaths and 104,000 injuries in […]


Only Financial Penalties for Negligent Medical Providers Improve Patient Safety

December 5, 2014, by Collins & Collins, P.C.

Recent headlines indicate that fewer Americans are dying from hospital errors.  The headline from U.S. Today read “50,000 Fewer Deaths Caused by Hospitals.”  That’s good news for patients. However, it is not near enough.  Looking at the report from the U.S. Department of Health and Human Services’ Agency for Healthcare Research and Quality (AHRQ), it is […]


Honoring Veterans – Start with the VA Hospital!

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

Veterans Day is about honoring veterans.  All throughout the year, politicians of every stripe make claims to their unflinching support of veterans.  The chorus grows loudest on Veterans Day. The reality is that veterans are largely mistreated at every turn, beginning with the agency charged with protecting them, the Veterans Administration. Let’s start there if […]


Several Possible Claims and Defendants in New Mexico Jail Suicide Case

October 21, 2014, by Collins & Collins, P.C.

Wrongful death claims for jail suicides in local jails can be brought in New Mexico under a number of legal theories, laws and statutes.  In addition, there may be a number of defendants named in these types of lawsuits. The nature of the claims and the named defendants will be dependent upon a number of […]


Suicide in Local Jails – Minimal Policies and Procedures for Protection of Inmates

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

Suicide is the leading cause of death in local jails.  There is really no excuse for this.  The risk factors, warning signs and preventive measures are well known. Despite the fact that risk factors, warning signs and preventive measures are all very clearly established, many jails have no written policies or worse yet, no policies […]


Suicide in Local Jails Preventable Yet Far Too Common

October 7, 2014, by Collins & Collins, P.C.

  Suicide is the leading cause of death in local jails.  Suicide surpasses drug and alcohol, accidental and homicide related deaths combined. A study from the Bureau of Justice Statistics studying jail and prison deaths from 2000 to 2011 found that suicide for 25 to 35 percent of local jail deaths.  In 2011, suicide accounted […]


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