Statute of Limitations and Other Deadlines

Cruces Peatonales Peligrosos /Accidentes Peatonales en Nuevo México

Los Centros para el Control y Prevención de Enfermedades (CDC) encontraron que tan solo en 2017, 5977 peatones murieron en accidentes de tránsito y otros 137,000 fueron tratados en salas de emergencia. Los peatones tienen muchas más probabilidades de morir en un accidente automovilístico que cualquier persona en el vehículo. El riesgo es mayor entre…

Falsification of VA Medical Records and Statutes of Limitations for Medical Malpractice Claims

A VA Medical Center manager has been indicted on 50 counts of falsifying veteran medical records.  Many of the fraudulent entries suggested that veterans had declined necessary medical care.  Among the most abhorrent and potentially deadly falsifications mentioned were false suggestions that veteran patients had refused mammograms. The indictment was 50 counts.  Rumor has it…

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

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…

Statute of Limitations Deadlines on Retinopathy of Prematurity Claims

Retinopathy of prematurityd affects infants.  The deadlines on these claims will therefore be different than medical malpractice claims filed in New Mexico by adults. Statutes of Limitations Apply Equally to Claims Made on behalf of Children The statute of limitations on New Mexico personal injury claims is rigid.  There are very few and extremely limited…

Failure to Diagnose and the Discovery Rule in Medical Malpractice Claims

There are many provisions of the New Mexico Medical Malpractice Act that are patently detrimental to the care and safety of patients.  Among the most damaging provisions of the Act is the exception to the discovery rule allowed “qualified healthcare providers.” What is the Discovery Rule? The discovery rule basically creates an exception to the…

Deadlines on Excessive Force Claims Against the Albuquerque Police Department

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…

Statute of Limitations on Personal Injury Cases Involving Children

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…

Administrative Claim Requirements in Medical Malpractice Claims Against the VA

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…

Filing Requirements on Medical Malpractice Claims Against the VA

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…

Albuquerque Personal Injury Attorneys