Person putting on seat belt

3 Steps to Take if Your Child Was Injured in a Car Accident

A car crash in New Mexico can be a frightening experience, especially if your child is a passenger in the car. While you can take steps to protect yourself before and after the accident, your child’s health and well-being before and after a crash will depend on you. 

Thankfully, the steps you should take to safeguard your child are not difficult to remember or perform. Like the actions you should take to protect your own health and legal rights, the following three steps can help ensure your child’s injuries are properly treated and full compensation for the damage done is available.

Do These 3 Things if a Negligent Driver Hurts Your Child

The suddenness of a car accident can be traumatic, upsetting, and panic-inducing to your child. Going over the following actions with your child ahead of time can help them feel reassured that you have things under control in the event of an accident. 

Knowing what to expect after a wreck can also calm your child and prepare them to assist you as you help them.

1. Assess the Severity of Your Child’s Injuries

Your child may not know the extent of their injuries, or they may not be able to express clearly how they have been hurt. It will fall on you to determine whether their injuries are severe and what response is appropriate.

If you notice any of the following about your child or their injuries, you should consider calling 911 and asking for emergency help. Otherwise, you should get your child to an emergency room right away if they:

  • Are bleeding profusely or have abrasions over a large portion of their body
  • Lose consciousness for any time or complain of a severe headache
  • Experience tingling or numbness in their extremities
  • Say they cannot move or experience pain when trying to move their arms or legs

As you should with your own injuries, if you have any questions about the severity of any injuries, err on the side of caution by getting your child to a hospital as soon as possible.

2. Make Sure You Get Your Child to All Follow-Up Appointments

Next, make sure you understand any follow-up treatment your child will need and make every effort to keep appointments and follow any at-home treatment directions. Not only will doing this help your child make as full of a physical recovery as possible, but it will help strengthen your claim for damages relating to your child’s care and treatment.

3. Encourage Your Child to Keep a Journal

If your child is old enough to express their thoughts and feelings through writing, encourage them to keep a special journal about how the car accident has made them feel. Remind them that no feeling is “wrong,” and they should feel free to write as much or as little as they want. 

If your child needs therapy, this journal may provide helpful insights into your child’s thinking so the therapist can better assist your child. Additionally, depending on the thoughts your child writes down, a journal could help corroborate a claim for compensation for emotional damages your child sustained because of the crash.

Seek Out Experienced Help from a New Mexico Car Accident Lawyer

Last, both you and your child could benefit immensely from a knowledgeable and seasoned attorney. A car wreck lawyer can review the facts of your case and injuries and help you obtain compensation from the at-fault party. 

If you are prepared to move forward with a trustworthy advocate by your side, contact the New Mexico car personal injury law firm, Hunt Law.

tea light candles lit

Wrongful Death Claims: What if the Victim Was Partially at Fault?

Personal injury cases can quickly become complicated, and the same holds true for wrongful death claims. One circumstance that can quickly cause confusion and lead to missed opportunities for compensation is when the injured party contributes to the accident.

Courts throughout the country handle the issue of contributory negligence in one manner or another. The way in which the state addresses contributory negligence in ordinary car crash cases is the same way the court will handle the issue if it appears in a wrongful death lawsuit.

How New Mexico Handles Contributory Negligence

Contributory negligence is a situation in which the victim’s negligence contributes to the overall picture of the accident. When this occurs, states are free to decide how that might impact an injured party’s right to recovery, if at all. 

Every state’s laws hold that contributory negligence affects the victim’s right to recover damages in some way. However, there are differences between the states as to what precise effect contributory negligence has.

On one end of the spectrum, there are states that bar victims from recovering any damages if they contribute to their own injuries in any way. They do not care if they were also injured due to another’s negligence. 

Most state laws are not so absolute. While they do stipulate that any contributory negligence will reduce the compensation you are eligible to receive, they still allow you to recover some damages if you are not the primary cause of the accident.

New Mexico finds itself in a third group of states that follow what is known as a pure comparative negligence model. This model says that no matter how much your own negligence contributed to your accident and injuries, you retain the right to seek damages. However, the damages you are entitled to would be reduced in proportion to the role your negligence played in the accident.

For example, suppose that you were hurt in a car accident at an intersection and sustained $100,000 in damages. Because you were not paying attention to the road, though, the jury determined that you were 50 percent responsible for the crash. In this situation, you would be eligible to recover $50,000 in damages from the other party.

Pure Comparative Negligence and Wrongful Death Lawsuits

The issue of a decedent’s contributory negligence would impact a wrongful death recovery in the same manner. The amount recoverable from an at-fault party whose negligence led to a loved one’s death would be reduced in proportion to the amount of fault attributable to the decedent.

Suppose again that your loved one perished in a car accident at an intersection. They sustained $100,000 in final medical expenses prior to passing away, but a jury determined the decedent was texting on their phone at the time of the crash.

As a result, your loved one was deemed 50 percent responsible for the crash. The person bringing the wrongful death statute would then only be able to recover $50,000 in damages.

Get Help with Your New Mexico Wrongful Death Suit

A wrongful death lawsuit is your family’s opportunity to hold a negligent person or entity responsible for the damage their actions caused in taking the life of your loved one. There are numerous situations and circumstances that could potentially limit your family’s right to recovery. 

The advice of an attorney familiar with New Mexico’s personal injury laws and wrongful death statutes is often needed to ensure you receive full and fair compensation. 

If your loved one has been killed by the negligence of another anywhere within New Mexico, including Roswell and Santa Fe, contact Hunt Law for experienced and compassionate assistance.

Woman signing personal injury document

First-Party vs. Third-Party Personal Injury Claims: What’s the Difference?

When you’re considering the difference between a first-party injury claim and a third-party injury claim, a central question is being addressed — “Who is responsible for your injuries?” 

You might know that a person is responsible for paying you damages if they act carelessly and thereby cause injury to you. But that party may not be the one from whom you choose to seek damages.

In a personal injury case, such as a car accident or a slip and fall at a retail establishment, insurance companies are the ones that will primarily pay for some, if not all, of the costs of your injuries. 

After you have been hurt, you have a choice as to whether to file a claim against your own insurance company or the insurer of the negligent party. There are benefits and drawbacks to be aware of with each choice.

First-Party Claims Are Filed with Your Insurance Company

A first-party claim is so named because the insurer pays benefits directly to its own insured. 

Thus, when you file a first-party claim, you are filing an insurance claim against your own insurer. You are telling the insurance company you have suffered an event covered under the terms of your insurance policy and are asking the company to pay you benefits accordingly.

A first-party insurance injury claim is demanding that your insurance company honor its contractual agreement with you. As long as the event is covered by the terms of the policy, your insurance company has an obligation to pay you the benefits it agreed to pay. Such obligation is limited by the policy and any restrictions contained therein.

For example, suppose your car insurance policy says that your insurer will pay you up to $25,000 for medical bills in the event of an accident. You are hurt in a crash, and you file a first-party claim. Absent some limitation in the policy itself, your insurance company would be required to pay your claim whether you were at fault or not.

Because payment of a first-party claim does not depend on complicated issues like fault, you can usually receive benefits much faster and with less hassle than filing a third-party claim. However, there may be consequences for filing a first-party claim. Most notably, you will have to pay any deductible required by your policy.

Third-Party Claims Are Filed with the Negligent Party’s Insurance Company

By contrast, a third-party claim is filed with the insurance company insuring the other party in your accident. Again, suppose that you are hurt in a car accident but believe the other driver is responsible for causing the crash. 

You do not want to pay a deductible or risk your rates increasing because of a first-party claim, so you elect to file a claim against the other driver’s insurance policy. This would be a third-party claim.

In a third-party claim, the other insurance company has no contractual responsibility to you. Instead, they are only required to pay your claim if it is shown that their insured customer is responsible for causing you harm and liable to you for damages. 

While there is no requirement for you to pay a deductible, you may have to prove the other person’s fault before their insurer will pay your claim.

Contact Hunt Law Today if You Have Been Injured

Your New Mexico personal injury legal team at Hunt Law Firm is available to help you recover damages following a personal injury accident. Contact us today, and we can assist you in recovering compensation through either a first- or a third-party injury claim.

Person walking on cross-walk

What Are the Most Common Causes of Pedestrian Accidents?

Visitors and residents of the greater Las Vegas area enjoy year-round warm weather and dozens of tourist attractions. As a result, the city and suburbs have higher pedestrian traffic than many other parts of the country, from tourists experiencing the thrill of the Strip to the city’s many shopping centers and walkable recreation areas. 

Unfortunately, this also means that there are plenty of areas where a Las Vegas pedestrian could be involved in an accident.

Knowing the most common causes of pedestrian accidents can help you take steps to avoid one and keep yourself safe. However, if the unthinkable happens and you are struck by a vehicle, an experienced Las Vegas pedestrian accident lawyer can help you recover compensatory damages.

Avoiding a Pedestrian Accident in Las Vegas

According to the U.S. Centers For Disease Control (CDC), children and teenagers are the highest-risk demographic for car collisions. In 2020, one in five children killed in a traffic collision were pedestrians. 

But being young isn’t the only risk for a pedestrian accident. Elderly people tend to suffer the most serious injuries in pedestrian collisions because their bones may not be as strong as those of a younger adult.

Avoiding these common causes of pedestrian accidents in Las Vegas can help keep you and your loved ones safe:

Drivers Failing to Yield

Drivers may fail to yield the right-of-way to a pedestrian crossing an intersection at a crosswalk. Understanding when pedestrians always have the right-of-way and when pedestrians and cars must take turns using the street can help reduce these kinds of accidents.

Drivers Traveling at Unsafe Speeds

Speeding in residential areas can cause serious injuries to pedestrians taking a walk or children playing in the street and sidewalk. Many residential areas in Las Vegas have speed limits under 30 mph, but even a car going 30 mph can seriously injure someone. 

The faster the car is going, the longer it takes to come to a stop to avoid hitting a pedestrian.

Drivers Turning Left or Right

When a driver is turning left or right, they may be turning into the path of a pedestrian in a crosswalk or who has the right-of-way to cross the street. 

Drivers should look for pedestrians who may be at the corner and anticipate that the person may cross the street into their turning path. If the pedestrian has the right-of-way, the driver should wait to make their turn.

Perils in a Parking Lot

Parking lots are full of distractions and hazards. Drivers may be looking behind them when backing out of a spot or focusing on searching for a parking space, unaware of pedestrians nearby. 

Both pedestrians and drivers should remain vigilant of their surroundings in a parking lot. Pedestrians must understand that a driver may not see them and pay attention to cars backing out or tuning. Drivers should also anticipate that a pedestrian may try to cross in front of them, and take care to drive slowly.

Drivers Under the Influence

Drinking or using drugs and driving is illegal, but that doesn’t mean that it doesn’t happen. 

Drivers under the influence pose a serious threat to anyone on the road, including pedestrians. Their reflexes may be compromised, and their inhibitions may be lowered to the point that they take unnecessary risks.

Distracted Drivers

Texting and driving, or otherwise being distracted behind the wheel, is one of the leading causes of traffic collisions. If a driver is checking a message, rideshare information, or even looking at GPS directions, then they aren’t paying attention to the road.

Keep Safe While Walking in Las Vegas

Knowing the risks of being hit by a car in Las Vegas can help you stay safe. Always check before crossing a street, even if you have the right-of-way, and stay cautious at night, as the risk of encountering drunk drivers increases. 

If you’ve been the victim of a catastrophic car accident injury in northern New Mexico, the compassionate and skilled team of personal injury lawyers of Hunt Law may be able to help. Contact us to schedule a consultation today.

Patient's injured leg on hospital bed

5 Types of Surgical Errors that Can Result in a Medical Malpractice Case

We trust our doctors and surgeons with our lives, expecting the operation to be completed correctly. However, the unthinkable can happen. Thousands of people are injured by surgical errors each year, and many may not realize that they are eligible to file a malpractice suit to seek compensatory damages.

If you or a loved one has suffered from one of these five surgical errors, contact a Las Vegas medical malpractice lawyer today before the statute of limitations to file expires.

The Main Causes of Surgical Errors

Surgical errors can happen for many reasons. Chief among them are:

  • Incompetence and inadequate skills and training to perform the operation
  • Insufficient planning, including sterilizing and inspecting all instruments
  • A fatigued or stressed medical team 
  • Operating under the influence of drugs or alcohol
  • Miscommunication about the procedure or the body part undergoing surgery
  • Poor sanitation

Human error plays a role, too. The surgeon could make a mistake, the anesthesiologist or nurses responsible for monitoring your vital signs could get distracted, or another form of oversight could place you in danger.

The 5 Most Common Types of Surgical Errors

There is a wide range of surgical errors, some unique to the type of surgery performed, such as an amputation on the incorrect side of the body. Other kinds of errors, like those arising from unsanitary conditions, may happen in the most routine procedure or complex, multi-step operations.

1. Operating on the Incorrect Body Part

Operating on the wrong body part results in unnecessary surgery and potentially permanent damage to the body, such as in the case of amputation. The patient will have to have another surgery to correct their initial complaint, and so will be subjected to twice the recovery time, scarring, pain, and time missed from work to heal.

2. Accidentally Performed Incisions

An accidental incision may occur in similar circumstances to operating on the wrong part of the body, but in these cases, the mistake is noticed sooner rather than later. In other cases, the doctor may have made an initial incision, realized that it wasn’t close enough, and so made another to correct it. Still, the patient will have more pain and healing and additional scar.

3. Conducting the Wrong Procedure

Miscommunication about the procedure and misdiagnosing the patient are two main reasons doctors perform the wrong procedure. They might mix up surgeries scheduled for the same day or misinterpret a patient’s symptoms in such a way that results in unnecessary surgery. 

4. Foreign Objects or Surgical Instruments Left in the Body

It’s not uncommon for a surgical instrument or another item, like a sponge or cotton pad, to be left behind after suturing the incisions. This can cause serious pain and often infection or sepsis. The patient will have to go through the trauma of another surgical procedure to remove the item.

5. Complications from Anesthesia

An anesthesiologist should be on hand throughout the procedure to monitor the patient’s vital signs. Unfortunately, negligence or oversight can cause the nurse or anesthesiologist to give a patient too much or too little medication. 

Or, oversight of a patient’s allergies or other potential drug interactions could cause them to have a serious reaction to the anesthesia or other medications.

Your Options if a Surgical Error Has Harmed You

If you or a loved one has been harmed due to a surgical error, you may be able to file a lawsuit for medical malpractice to collect damages for your pain and suffering, additional medical costs, and any treatment you require to heal and recover. A medical malpractice lawyer with Hunt Law can give you legal options. Give us a call today.

Car driving down the street

Why It’s Important to Seek Immediate Medical Care Following an Auto Accident

In the aftermath of a serious car accident, you’re probably in great pain and unsure of what your next step should be. You may worry about the cost of an ambulance or whether it’s even worth calling for emergency medical help. Even if you decide not to call 911 (though it’s a very good idea to do so), you should still be checked out by your doctor as soon as possible. 

Your health is important, and although car accident injuries sometimes heal on their own, there’s no reason to take a risk that they won’t, and that’s just one of the reasons why a Las Vegas car accident attorney will advise you to seek immediate medical attention after a car collision. There are several others outlined below.

Early Medical Diagnosis of Injuries Often Means Faster Recovery

Immediately following a car wreck, your body goes into shock. Your brain releases adrenaline, which often provides a burst of energy that masks the initial pain of the injuries you may have sustained. You may be hurt, but not “feel hurt.” 

The faster you get the right diagnosis, the faster you can start treatment or schedule a procedure, like surgery, to fix the damage to your body. Failing to get diagnosed right away can lead to complications that could have been avoided with early medical attention.

Your Medical Records Create a Paper TrailX

The records of an exam right after the accident – ideally from an EMT that arrives on the scene of the collision – become part of the evidence in your car accident recovery claim. If the other driver caused the collision, you have the right to file a claim with their insurance company, and if you don’t get a satisfactory settlement or if the claim is denied outright, you’re within your rights to file a lawsuit to recover financial damages.

In order to recover the cost of your medical bills (and other damages, such as though brought about by pain and suffering or lost wages from time missed at work), your Las Vegas car accident lawyer will need to build a case against the other driver, proving that the injuries you sustained came from the collision.

Medical records from just after the wreck are better proof than an exam record from even a day or two later, as the other party’s insurance company may try to claim that your injuries aren’t as serious as they actually are or say that the car accident wasn’t the cause of your injuries considering it took you time to file records about them.

Medical Professionals Can Diagnose Hidden Injuries

Some car accident injuries are referred to as “hidden injuries,” or ones that don’t present symptoms right away. These include sprains and strains or hairline fractures that you may not realize for a few days or even a week after the accident until you suddenly cannot walk or cannot move without pain. Internal organ damage is another “hidden injury” that can be dangerous and even life-threatening if not diagnosed early on.

Be Sure to Follow All Instructions from Your Treating Physician

Immediate medical attention isn’t the only kind of medical care that is necessary after an accident. Your treating physician will have aftercare instructions for you, including tasks you may not be able to do or clearance to go back to work. You may also have to wear a medical device, like a brace or sling, as you heal.

Not only is it a good idea for your health to follow the aftercare directions, but it could also come into question if your case goes to trial. The other party’s insurance company may allege that by not following the doctor’s orders, your actions are making your condition worse, and therefore, they should not have to pay you as much, or they could take your lack of follow-up as evidence that you are not hurt as badly as you were and pay you less or deny the claim outright.

Your Medical Records Are Critical Evidence in Car Accident Lawsuits

If you’ve been struck by a driver and gotten hurt, the northern New Mexico car accident lawyers at Hunt Law can help you understand your legal options. Contact our office today.

Truck driving down the road

How Common Are Trucking Accidents in New Mexico?

New Mexico truck accidents occur with enough frequency to impact thousands of lives each year. They cause significant injuries and death and result in millions of dollars in personal losses for victims and their families. But just how often do they occur? According to the numbers, the answer depends on when they occur.

New Mexico Truck Accidents

The rate of incidence of heavy truck accidents in New Mexico is alarming, given the low population of the state. According to the numbers, a truck crash occurs every three hours in the state. The numbers also show that trucks are responsible for nearly 10% of all accident fatalities but account for only around 5% of the cars on the road. 

This frequency of crashes has always been a top concern for state and federal officials. Finding a solution has involved analyzing the characteristics of the crashes to glean whatever helpful information is available. 

Truck Accidents and Time of Day

One phenomenon that the numbers have demonstrated is that most truck accidents in New Mexico and the nation occur between noon and 3 p.m. Although it would seem that there is less of a risk at times of lower traffic, the chances of getting in a truck accident are higher during this time. 

Researchers speculate that high-traffic times are characterized by slower transit speeds due to congestion and frequent stopping and going. Hence, truckers are likely to be more aware during heavy traffic so as to avoid an accident. 

With less traffic, truckers may be more likely to speed and operate their trucks with less awareness, leading to a higher risk of an accident.

Truck Accidents and Day of the Week

Data from the National Transportation Safety Board (NTSB) show that truck accidents are more likely to occur on weekdays than on weekends; up to 80% of them occur between Monday and Friday. 

One reason for this is that a large percentage of trucking companies move the majority of their freight on weekdays. As you would imagine, the number of fatal truck accidents is higher during the week as well, with Thursday being one of the days with the most fatalities. 

As far as the time of day for fatalities, 6 a.m. to 6 p.m. is when deadly truck accidents typically take place. 

Truck Accidents and Time of Year

The holiday season experiences a sharp rise in truck accident crashes and deaths, most notably due to the increase in commerce and shipping. Over 1,000 truck accident victims typically die during this period. But other times of the year can be deadly as well, such as the summer months, when more drivers are on the road. 

Why Truck Accidents Occur

Knowing when truck accidents occur can give insight into why they occur. However, knowing when does not give the entire picture. Yes, the more traffic and big rigs on the road, the more likely a big rig accident. But other factors are at play as well. 

For example, during the holidays, the increase in trucks on the road may indeed raise the risk of accidents, but the number of trucks has nothing to do with poor weather or distracted drivers. Other causes of accidents are the prevalence of fatigued drivers and instances of overloaded semis. 

Regardless of the why or the when, truck accident victims can seek to recoup the losses they experience as a result of the crash. 

Hunt Law has a long history of representing injury victims in Northern New Mexico, from Albuquerque to Raton. If you or a loved one has experienced a truck accident, call today to speak with a truck accident attorney from our team who cares.

Woman holding newborn baby

Steps to Take if You Suspect the Hospital Has Caused a Birth Injury

The birth of a child is one of the most important moments for families and society as a whole. Unfortunately, some healthcare providers make mistakes during labor and delivery, and these mistakes can lead to birth injuries

If you suspect your child has been injured during delivery, don’t expect the hospital or healthcare professionals to admit it. In fact, expect the opposite. An injury attorney can help you determine whether a hospital or its staff has harmed your child and can work to get the justice you deserve. 

Record the Injury and Its Consequences

Sadly, infants can suffer all manner of injuries during childbirth. They may range in seriousness from a minor injury to complete incapacitation, depending on which part of the body is injured. 

Some of the typical birth injuries attorneys see include:

  • Brachial palsy (an injury to the nerves of the arms and hands)
  • Forceps injuries and bruising
  • Facial paralysis from injury to the facial nerve
  • Fractures (most commonly a clavicle fracture)

Whatever the injury, make sure to record details of the harm and how it affects your child’s growth and development. 

Write Down Details of the Birth

If you suspect that a hospital is responsible for injuring your child at birth, then the details of the birth itself are important. If you were present before, during, or after the delivery, try to remember everything that occurred and write it down. Include anything that was said during this time period and all actions taken.

Speak to a Third-Party Medical Professional

A medical professional not associated with those who delivered your child can give you a comprehensive evaluation of your child’s case and their opinion as to whether a healthcare provider is responsible. 

Remember, the hospital that potentially caused your child’s injury has the incentive to downplay or try to sidestep responsibility for any harm committed within its halls. 

Speak to a Lawyer

Ultimately, it is an attorney who can help you get justice for a birth injury. Using the medical malpractice laws of the state, your attorney can represent you and your child against the hospital and their insurance company as well as against any healthcare professionals involved in the injury.

This representation includes fulfilling a variety of duties related to your claim, such as:

  • Investigating and gathering medical evidence 
  • Hiring medical experts
  • Filing a claim with the Medical Review Commission
  • Negotiating with insurance companies for maximum compensation
  • Representing you at trial if necessary

In many cases, parties to these suits reach a settlement. However, some cases must go to trial because of a failure to reach an agreement. 

Don’t Delay in Taking Action

The most important thing you can do if you think the hospital injured your child at birth is to take immediate action. Time has a way of diluting justice, even in cases of obvious liability. 

In New Mexico, medical malpractice injury victims generally have three years to file a suit for their losses. However, when it comes to a birth injury claim, the lawsuit must be filed before the child reaches nine years old. After nine years, the claim will be invalid. 

You should never wait until the last minute with any legal claim, much less a claim based on birth injuries. Evidence can become a problem if too much time has passed before you decide to take legal action. For instance, witness testimony is always strongest soon after the event takes place. 

If you suspect the hospital caused a birth injury to your child, Hunt Law can help. We serve communities throughout Northern New Mexico, from Albuquerque to Raton. Call for a free consultation today.

Man signing a personal injury claim with attorney.

What Qualifies as a Catastrophic Injury?

Personal injury attorneys help clients with getting compensation for all manner of injuries. One of those types of injuries, catastrophic, routinely leads to the most extreme losses and the highest compensation figures. But what exactly is a catastrophic injury?

What is a catastrophic injury?

Humans are injured regularly and often heal relatively quickly with the proper treatment. However, some injuries leave their victims debilitated for long periods or the rest of their lives and are considered catastrophic injuries. 

Generally speaking, a catastrophic injury is an injury that requires much time and treatment to heal (if healing is possible) and significantly alters a person’s life. An injury of this nature can occur in a variety of situations and can eventually lead to death even months or years after the incident. 

Traumatic Brain Injury

A traumatic brain injury occurs when the brain experiences trauma from within or outside of the skull. As you would imagine, the consequences of a TBI can be dire. Although mild TBIs are not catastrophic injuries, severe TBIs are and typically lead to a lifetime of physical and cognitive deficiencies.  

Spinal Cord Injury

Injuries to the spinal cord result in loss of motor functions and sensation and can also cause paralysis. In most cases, they are catastrophic and require intensive medical treatment and rehabilitation. Sadly, some cause permanent neurological deficiencies, paralysis, and loss of control of basic bodily functions. 

Amputations

Loss of a limb is life-changing and, therefore, catastrophic. The consequences of an amputation are felt in a victim’s work life, home life, and life in the community. Fortunately, medical advances have produced high-functioning prosthetics. However, most victims’ lives are altered forever by an amputation.

Vision or Hearing Loss

Loss of vision or hearing certainly qualifies as a catastrophic injury. These senses are the two primary indicators humans use to get around. The loss of either one invariably alters a person’s life and the lives of their loved ones. 

Medical research promises future, effective treatment. But currently, many victims who lose these senses never fully or partially regain their use. 

Burns

Burns are classified by degree, with fourth-degree burns being the most serious. Generally speaking, burns that are serious enough to leave scars are typically considered to be catastrophic. Certainly, third and fourth-degree burns are catastrophic, but some second-degree burns may also be deemed catastrophic. 

But scarring is not necessary for a burn to be considered catastrophic. Permanent debilitation caused by burns makes the burn injury catastrophic by definition.

What are some common causes of catastrophic injuries?

Catastrophic injuries can occur under many different circumstances. With that being said, they typically occur when the risk of suffering an impact or fire is higher than usual. 

Take cars as an example. When traveling in a car, your chances of experiencing a catastrophic injury increase due to the speed at which vehicles move and the presence of gasoline. 

Outside of traffic, other common situations and causes of catastrophic injuries include:

  • Slip and fall accidents
  • Fires and explosions 
  • Dangerous worksites
  • Medical malpractice
  • Violence

Whatever the cause, victims and their families can seek to hold people and entities accountable when they are negligent, reckless, or intend to cause harm. A claim for compensation against the injurer can go a long way in covering the various damages victims suffer, such as lost income, pain and suffering, and mental trauma. 

Attorneys at the Hunt Law Firm have helped thousands of injury victims in northern New Mexico and can potentially help you get justice for your injury. Call today to schedule a free consultation and explore your compensation options.

medical malpractice

Who Can Be Held Liable for Medical Malpractice?

Modern healthcare treatment often involves numerous professionals collaborating in treating one patient. Each one must follow accepted standards of care while doing their job. Failure to do so puts patients at risk of injury or death and exposes the healthcare professional to medical malpractice liability. 

Defining Medical Malpractice

Medical malpractice is medical error. But it is more than just a simple mistake. In New Mexico, medical malpractice occurs when a healthcare provider fails to maintain acceptable standards of care and a patient is injured as a result. 

This failure could be a direct negligent act or manifest as a failure to act or an omission. What exactly the accepted standard of care is, depends on the treatment in question.

How common is medical malpractice? According to numerous well-respected studies, medical malpractice is quite common. Some data puts the number of medical malpractice deaths in the U.S. at over 250,000

Who can be held liable for medical malpractice?

Any medical provider who is licensed by the state to engage in healthcare services can be sued for medical malpractice. Additionally, institutions that employ professional healthcare workers may also be held liable for medical malpractice committed by their staff.

The list of medical professionals who regularly treat or help treat patients is long and includes:

  • Medical doctors
  • Chiropractors
  • Psychiatrists
  • Nurses
  • Physician’s assistants
  • Dentists and dental hygienists 
  • Hospitals, care centers, and clinics
  • Medical device manufacturers and servicers
  • Physical therapists and rehabilitation workers
  • Social workers, counselors, and therapists
  • Lab technicians
  • Testing technicians (MRI, CT, PET)

Getting to the bottom of who caused an injury is a complex and involved process. It requires extensive medical knowledge, which is why victims of medical malpractice need an experienced medical malpractice attorney representing them.

Qualified Healthcare Provider

A qualified healthcare provider is a professional or entity that has purchased liability insurance as required by New Mexico medical malpractice laws. By complying with this insurance requirement, qualified healthcare providers enjoy caps on their liability for damages caused by medical malpractice. 

These caps include:

  • $600,000 compensation cap
  • $200,000 of future medical care paid from insurance

There are, however, no caps on punitive damages, which are appropriate when a defendant acted recklessly or intentionally. 

Instances of Medical Malpractice

Modern medicine can treat and sometimes cure all manner of illnesses and injuries from head to toe. Hence, the situations in which medical malpractice might occur are numerous. 

Some of the most common circumstances include:

  • Misdiagnosis
  • Delayed diagnosis
  • Unnecessary, injurious testing
  • Failure to administer tests correctly
  • Prescribing the wrong medication
  • Medication administration errors
  • Surgical errors, such as wrong-site surgical errors
  • Failure to monitor a patient
  • Birth injuries
  • Defective medical products and equipment

In many cases, two or more types of medical malpractice occur and work in concert to cause serious injury or death in patients. 

Holding Medical Professionals Liable

Medical professionals enjoy prestige and great salaries. And with many benefits comes much responsibility. Injury victims should seek the services of a seasoned medical malpractice attorney who must initially obtain a ruling from a medical review commission that their case has merit. 

Once a ruling of merit has been made, your attorney can file your claim for compensation and begin negotiations with the insurance companies involved. 

The Hunt Law Firm fights to help personal injury victims recover the compensation that will help ease their suffering. We do not back down when our clients deserve more and will go to trial whenever necessary. 

If you or a loved one has experienced losses due to medical malpractice, call our office today for a free consultation and review of your case. We serve clients throughout the state, including Santa Fe, Albuquerque, Rio Rancho, Roswell, Los Alamos, and Las Vegas.