Month / March 2010
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Medicaid Liens: What is the Obligation in a Personal Injury Settlement?
Medicaid liens can cause significant financial complications following settlement of a personal injury lawsuit. There are significant penalties for failure to properly account for those liens out of settlement funds. It is…
March 30, 2010 -
Uninsured/Underinsured Coverage: An Insurer‘s Duty to Passengers in New Mexico – The Sequel
As promised in my last post, I will set forth the issues of import for uninsured/underinsured motorist coverage in New Mexico addressed in Salaz v. Mountain States Mutual Casualty Company. The case…
March 26, 2010 -
Gross Medical Negligence Leads to Death of Child in MRI Chamber
When you Google MRI Risk, MRI Dangers, and so on, the results for the most part indicate that there are no risks. Yet despite the apparent absence of risks of an MRI,…
March 22, 2010 -
Scope of Informed Consent: Duty to Disclose Physician‘s Background?
The 10th Circuit case of Willis v. Bender addressed a doctor‘s duties to disclose the doctor‘s background information to a patient as part of informed consent. Lack of informed consent is often…
March 15, 2010 -
Ground Zero Settlement: Is it Fair?
It was announced last week that there has been a $657.5 million settlement to compensate around 10,000 workers harmed during the cleanup of Ground Zero in the 911 Terrorist Attack. Two obvious…
March 13, 2010 -
Scalding Coffee, Explosive Chicken Sandwiches? Solution Tort Reform!
The debate over frivolous lawsuits almost always leads to the McDonald‘s scalding hot coffee case. The case, Liebeck v. McDonalds‘s was filed in Albuquerque‘s Second Judicial District Court. The outcome was a…
March 10, 2010 -
Caps on Punitive Damages: Great for Business, Bad for Everyone Else
Punitive damages are a hot topic both for businesses and for individuals harmed by the conduct of businesses. Punitive damages are just that, “punitive”. They are awarded above and beyond compensatory damages…
March 5, 2010
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Categories
- Auto Accidents
- Birth Injuries
- Brain Injury
- Cerebral Palsy Birth Injuries
- Civil Rights
- Construction Accidents
- Drug & Pharmaceutical Injuries
- Medical Malpractice
- New Mexico Civil Rights Act
- Nursing Home Negligence & Abuse
- Personal Injury
- Prison and Jail Negligence
- Prison Medical Neglect
- Trucking Accidents
- Uncategorized
- Work Related Injuries
- Wrongful Death