Wrongful Death

Breast Cancer Diagnostic Errors Lead in Medical Malpractice Claims

There have been enormous advances in the detection and treatment of breast cancer.  In fact, with early detection, there are very good survival rates. Unfortunately, breast cancer is not always detected early.  This is often a result of a failure to properly diagnose breast cancer.  A failure to diagnose breast cancer will in turn cause…

Culture of Violence at the Albuquerque Police Department – Will it Change and When?

We at the Albuquerque law firm of Collins & Collins, P.C. are like most residents of Albuquerque very concerned about the recent report from the Department of Justice (DOJ) on the excessive and unnecessary use of force by the Albuquerque Police. Excessive Use of Force Continued Even While DOJ Investigation Ongoing The report is troubling…

Potential Excessive Force Claims Against the Albuquerque Police – State Law Claims

The recent Department of Justice report on the Albuquerque Police Department’s pattern of excessive and unjustified force has raised many issues.  One issue that has been ongoing for quite some time and will likely gain steam due to the findings in the report is the financial exposure of the City of Albuquerque for these long-standing…

Medical Malpractice Claims May Involve “Ordinary Negligence” in New Mexico

Failure to detect medical conditions is a common and often a preventable medical error that can lead to disastrous consequences including wrongful death of the patient. This was the case in the recent New Mexico Court of Appeals case of Richter v. Presbyterian Healthcare.  In this case, the failure was the result of a failure to…

New Mexico Court Addresses Statute of Limitations on Negligent Prescription

A recent case from the New Mexico Court of Appeals found that the statute of limitations on the negligent prescription of drugs begins to run on the date of the prescription, not the date of harm or the date of death. The timeline of Chavez v. Delgado is pretty straightforward. The defendant doctor wrote a…

DIY Tort Claims Notice in New Mexico

The New Mexico Tort Claims Act covers all personal injury and wrongful death lawsuits against state, county, and local governments. This includes all governmentally run entities, which covers a very broad spectrum (i.e. hospitals, clinics, parks, streets, sidewalks, government vehicles, government buildings and many more). For any such claim, there is a very short and…

Civil Liability for the Wrongful Death of a Child Caused by Bullying?

Online bullying has become a very real concern for children and their parents. Some recent press illustrates, once again, the horrendous consequences online harassment can have. The most recent high profile case of the 12 year old in Florida that committed suicide as a result of relentless online (and school) bullying points to the many…

“Actual Notice” Under the New Mexico Tort Claims Act

Claims against New Mexico governmental entities have a number of unique rules. Among those are shorter deadlines on claims. The harshest and most frequently missed deadline is the Tort Claims Notice deadline. Missing this deadline will, in all but a very few cases, bar the claims completely. The Tort Claims Notice deadline is only 90…

Dangerous Withdrawal Risks from Benzodiazepines

In addition to the psychological dependence on benzodiazepines that we‘ve discussed, users can also experience a dangerous withdrawal syndrome after using these drugs. This is known as benzodiazepine withdrawal syndrome, or “benzo withdrawal” for short. It may come as a surprise to many users that the symptoms that accompany this benzo withdrawal can be more…

Albuquerque Personal Injury Attorneys