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Wrongful Death Claim: How Is Value Determined?

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Losing a loved one is difficult enough, but when their death results from the wrongdoing of another, it hurts much worse. While money can never bring back a loved one, filing a lawsuit and pursuing compensation for your loss can help ease some of the financial burdens.

It’s tough to place a monetary value on someone’s life, but it’s a necessary step in the wrongful death claim process. Continue reading to better understand wrongful death claims and what factors play a role in determining value.

What is wrongful death? 

A wrongful death occurs when a victim dies as a result of another person’s negligent or wrongful acts. If the person had lived through the accident or incident, they would have had the opportunity to file a personal injury lawsuit. Because of their passing, the victim’s family is left to pursue financial recovery for the loss of their loved one.

Not just anyone can file wrongful death claims. In New Mexico, the decedent’s personal representative handles the lawsuit for the benefit of the surviving family. A personal representative is typically appointed in a person’s estate plan, but if the decedent did not designate a representative, the court could appoint one. 

Damages for Wrongful Death Claims

The death of a loved one can result in financial strain. Damages for wrongful death claims can help relieve some of this pressure.

The types of damages available commonly depend on the details of the case. However, damages for wrongful death claims can include:

  • Funeral and burial expenses
  • Medical bills for the decedent’s injuries that resulted in their death
  • Lost wages or benefits the decedent could have earned had they lived
  • Loss of household financial contributions the decedent could have made
  • The decedent’s pain and suffering
  • Emotional distress caused by the loss
  • Loss of guidance and support

While the personal representative must file the wrongful death lawsuit, the financial recovery goes to the decedent’s estate, which is then distributed to the family. The compensation received can benefit spouses, children, grandchildren, or siblings, depending on the decedent’s family situation.

Factors Affecting the Value of a Wrongful Death Claim

Assigning a value to a case is often one of the most challenging parts; placing a monetary value on life can seem almost impossible. However, to pursue financial recovery for a wrongful death lawsuit, your lawyer must determine what the case is worth to ensure they seek maximum compensation.

To determine how much a wrongful death claim is worth, your attorney will examine several factors, including:

  • The decedent’s age and health at the time of the incident
  • The amount spent on medical expenses before the decedent’s passing
  • The level of pain and suffering the decedent experienced before their death
  • The decedent’s income at the time of their death and their earning potential
  • The decedent’s educational background or training
  • Whether the decedent has any dependents and their ages
  • How much was spent on the decedent’s funeral and burial
  • Available insurance coverage to provide compensation for the wrongful death
  • The defendant’s actions or wrongdoing
  • Any economic losses resulting from the decedent’s death
  • Any intangible losses resulting from the decedent’s death

Your wrongful death lawyer will consider these and many other details when determining the value of your case. While it is not simple, it is a required step toward financial recovery. 

Consult with a New Mexico Wrongful Death Attorney

If you’ve lost a loved one at the hands of another, you may have the right to file a wrongful death claim. Discuss your case with a lawyer as soon as you’re able.

Hunt Law has extensive experience helping New Mexico clients after experiencing the untimely death of a loved one. We’ll stand by you to protect your rights to fair compensation for your difficult loss. Our attorneys never back down from a challenge — we go the extra mile for our clients. 

Let us pursue justice on your behalf. Contact Hunt Law today to schedule a meeting with one of our New Mexico wrongful death lawyers.

man taking photo of car accident

What to Do Immediately After a Hit and Run in New Mexico

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Car accidents are always frustrating. However, when the driver responsible hits your vehicle and immediately leaves the scene of the accident, it adds much more stress. Not only is leaving the scene of an accident against the law, but it also leaves the victim to deal with everything on their own. It’s easy to wonder whether you’ll ever be able to receive compensation for your injuries and property damage if the other driver leaves the scene. You may still be eligible for financial recovery, but it’s important to take certain steps to protect your right to compensation through a car accident lawyer.

The following should be done immediately after a hit and run in New Mexico.

Call 911

Right after the accident, assess your injuries. If you have any passengers, determine whether anyone else in the vehicle has sustained injuries.

After a hit and run, the driver doesn’t always automatically flee. They may get out of the car initially and speak with you. When this occurs, it’s particularly common for the other driver to dissuade you from calling 911. Never listen to them — always call 911 as soon as possible.

A police report is an important piece of evidence. When you call 911, police are dispatched to the scene of the accident to gather the information required to put in the accident report.

Get Medical Attention

If you’ve suffered injuries that require immediate attention, you can receive emergency care at the scene of the accident. Even if you believe you have not suffered any harm, it’s always best to visit an emergency room or your doctor as soon as possible.

Injuries after an accident are not always visible and may take some time to surface. A healthcare provider can detect an injury even if you’re unaware of it, allowing you to begin medical treatment even sooner.

Gather Any Information Possible for Your Car Accident Lawyer and Insurance

If possible, gather any information you can at the scene of the accident. For hit and run accidents, the most important information (and the hardest to obtain) usually includes photos and videos of the other driver’s vehicle or license plate, as well as any witness information. 

Witnesses can help you greatly. For example, you may not have had the chance to get a photo of the other driver’s license plate, but perhaps a witness did. Witnesses can pass along vital information.

Report the Accident to Your Insurance Company

As soon as possible, report the accident to your insurance company. They will ask questions regarding your accident and assign an insurance adjuster to handle your claim. 

Reporting your accident is always required but is especially important if you have uninsured motorist protection. If you have this type of coverage, your insurance company can cover your related accident expenses and losses, even if you were a hit and run victim.

Discuss Your Case with a Car Accident Lawyer

Hit and run accidents can be particularly challenging to handle alone. A qualified car accident lawyer will handle your claim to ensure you get the compensation you deserve. 

Let a New Mexico Car Accident Lawyer Help You

At Hunt Law, we understand the disappointment and annoyance a hit-and-run accident can cause. We have extensive experience helping clients throughout New Mexico with car accident claims, including those involving a hit and run. 

Our attorneys and staff give clients the kindness and care they need while doing everything necessary to protect their right to compensation. You’re not alone in your battle.

After a hit-and-run accident, contact Hunt Law to schedule a consultation with our New Mexico car accident lawyer.

Woman signing personal injury document

What Are “Survival Actions” and Should You Claim Them?

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Most people are familiar with the concept of wrongful death lawsuits. In New Mexico, the executor of an individual’s estate has the right to bring a wrongful death lawsuit when the individual has died due to fault or negligence by another person or entity. 

Wrongful death claims focus on the damages sustained by the loved ones of the deceased, including outstanding medical bills, pain, and suffering, and lost income as a result of their loved one’s death. 

Wrongful death claims must be filed within three years of the action that led to the decedent’s passing.

What is a survival action?

Survival actions are different from wrongful death claims in that they focus on the suffering of the decedent and the damages they could have received if they had survived. In essence, it’s the civil claim the decedent could file if they were still alive.

If the deceased already filed a lawsuit for personal injury but did not live to see the outcome of the case, the executor may continue the claim to collect damages. In other words, the passing of an individual does not grant the negligent party immunity from their actions. They can still be sued.

What types of damages can be collected from a survival action?

Survival actions can seek to obtain damages related to the injury the deceased suffered. For example, if the individual incurred medical bills due to their injury, the estate may sue the negligent party to recover those costs.

Depending on how long the individual lived following their injury, it may be possible to recover the value of lost income and their pain and suffering. However, lost income may not be a viable claim if the person died within hours of their injury. It’s also possible to collect damages related to funeral expenses and lost property in a survival action claim.

Personal injury claims filed by the deceased before their death may be continued by the executor of their estate. Any damages awarded that the deceased would have been entitled to will be added to the value of their estate and distributed to their heirs according to their wishes.

When is a survival action viable?

A survival action is a viable alternative whenever a deceased person suffered an injury due to the fault or negligence of another party or entity. If the deceased filed a personal injury lawsuit before their death, the executor of the estate can continue the claim.

Suppose the deceased did not file a personal injury lawsuit before their death. In that case, the executor may file one on their behalf to collect damages to pay for the decedent’s medical bills, pain and suffering, and lost income. 

However, unlike a wrongful death action, survivors cannot claim damages related to their own pain and suffering.

Additionally, survivors cannot collect damages related to loss of consortium or parental guidance under a survival action claim.

Should I file a survival action claim?

If your relative sustained a personal injury that was unrelated to their death, you might be able to file a survival action claim. In New Mexico, survival actions are allowed when there is a cause to pursue a liability claim. The passing away of the plaintiff does not give the defendant immunity from a survival action claim. 

Do you need help with a survival action claim?

At Hunt Law, we handle cases related to medical malpractice, wrongful death, catastrophic injury, and personal injury. Our practice serves the Northern New Mexico area, including Santa Fe, Albuquerque, Rio Rancho, Raton, Roswell, Los Alamos, and Las Vegas. 

Schedule a consultation with us today to find out whether you have a viable survival action claim.

Personal Injury attorney discussing case

4 Ways to Prove Non-Economic Damages in a Personal Injury Case

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Overcoming a personal injury can take serious financial and emotional tolls on victims and their loved ones. Personal injury cases generally seek compensation for a client’s economic loss, such as medical bills. 

But what about non-economic damages? These are damages that don’t come with a price tag, and victims can seek compensation for them as well. 

For anyone involved in a personal injury claim, it’s important they know what non-economic damages are and the different ways to prove them in court.

Damages Defined: Punitive, Economic, and Non-Economic

From a legal standpoint, 3 core types of damages exist:  

Punitive Damages

Punitive damages are fees imposed as a penalty for significantly egregious, negligent behavior. They are rare but can be awarded to the plaintiff alongside any economic damages.

Economic Damages

Economic damages are quantifiable, matter-of-fact losses that a victim takes on following a loss or injury. Simply put, economic damages are damages you can put a price tag on. These can range anywhere from hospital expenses to lost wages and property loss. 

Non-Economic Damages

Non-economic damages are those that might be difficult to quantify or place a precise dollar amount on. These can include emotional pain and suffering, mental anguish, reputation damage, scarring/permanent disfigurement, and a general loss of enjoyment. 

Unfortunately, insurers and other parties may attempt to diminish the value and importance of non-economic damages.

Having a strong argument with corresponding evidence to back your non-economic damages is critical if you want to prevail in court.  

4 Ways to Prove Non-Economic Damages

Following are 4 top strategies that can help prove non-economic damages in your personal injury case:

1. Journaling

When you’re seeking compensation for pain and suffering, a journal can be used as a written record of your day-to-day emotional distress and other symptoms. Journals help paint a picture for the jury of how your injury resulted in a disruption of your daily life.

2. Medical and Psychological Evaluations 

Medical and psychological evaluations from accredited health professionals can be excellent tools to support your claim. Written reports that highlight the damage suffered as a result of your personal injury are important for building a strong case in your favor.

3. Testimony from Others

Individuals involved in personal injury claims often forget about the importance of personal testimonies to help prove non-economic damages. 

Direct testimony from friends, family, neighbors, and coworkers can be particularly beneficial and strengthen your claim. These statements can give a jury insight into how your life was affected. The more individuals who attest to your pain and suffering, the more likely it is that a jury will support your claim.

4. Photographs

Oftentimes, non-economic damages seek to compensate for physical disfigurement or scarring after an injury. Photographs can help to show the effects of the injury and establish a “before and after” visual. These images can be key in proving a diminished quality of life.

Other Factors to Consider

After hearing your case, a jury will review all of your evidence for non-economic damages before making a decision.

Additional questions the court or jury might pose include:

  •  How severe is your pain and suffering? 
  •  Are the damages temporary or long-term?
  •  What was your total financial burden? 
  •  How is your daily life affected?
  •  Did the damage interrupt personal or workplace relationships?

Each of these factors can influence the total compensation you’re eligible to receive.

Seeking Non-Economic Damages in Northern New Mexico

Hunt Law represents clients in Santa Fe, Albuquerque, Los Alamos, Las Vegas, Rio Rancho, Roswell, and all across Northern New Mexico. 

Our team of dedicated attorneys specializes in medical malpractice, wrongful death, catastrophic injury, and personal injury cases. To learn more, contact us today.

Pregnant woman in hospital bed

Birth Injuries: 5 Common Causes

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Childbirth is widely regarded as a joyous event heralding a future of love, growth, and exploration surrounding a new existence. In fact, if you ask a mother about the best day of her life, she’ll likely start listing the dates when her children were born.

People have many ways of preparing for the birth of a child. There’s the fluffy stuff — baby showers, gender reveal parties, cute onesie shopping, negotiating future diaper duties — and then there are the more serious components of preparing for a baby: figuring out a birth plan (natural? medicated? hospital? home?), taking birthing classes, and even doing prenatal yoga to reduce anxiety and improve sleep. 

Unfortunately, a mother can prepare extensively and something can still go wrong. A baby being injured during childbirth is every mother’s worst nightmare, and if you’ve experienced this, you might be entitled to compensation. Here are five common causes of birth injuries. 

1. Medications 

Some medications can cause birth defects or injury when prescribed to a pregnant mother. Doctors are required to be exceptionally careful when prescribing medications to pregnant women, because medications can be transferred to the fetus via the placenta and can potentially injure the baby. 

Medications that can cause birth injury or defect include:

  • Zoloft
  • Prozac
  • Lexapro
  • Depakote
  • Aleve
  • Excedrin
  • Topamax
  • Zofran
  • Accutane
  • Solodyn 
  • Doryx

However, doctors make mistakes more frequently than you might imagine, and sometimes those mistakes come with severe consequences.

2. Macrosomia

Macrosomia describes infants who are born significantly larger than other infants in their gestational age category (gestational age is the number of weeks a baby has spent in the uterus). 

Macrosomia can cause birth injuries in a few ways — the baby’s broader shoulders can potentially get stuck in the birthing canal, or the baby might experience bone fractures, for example. 

3. Oxygen Deprivation 

Oxygen deprivation during birth is known as birth asphyxia and is defined by a lack of oxygen and blood flow to the infant’s brain. According to Seattle Children’s Hospital, cells require oxygen and nutrients (from blood) in order to function, and without them, harmful acids build up in the cells. 

Birth asphyxia can cause intellectual and learning disabilities, developmental delays, cerebral palsy, and epilepsy. 

4. Forceps or Vacuum Injuries

Operative vaginal delivery is a vaginal delivery in which forceps or vacuum are used in order to help guide the baby out of the birth canal. Forceps are an oversized pair of tongs, while the vacuum is just that — a suction cup. 

Milder forceps/vacuum injuries include bruising and temporary facial palsy, while more severe forceps/vacuum injuries include skull fractures, bleeding, and seizures. 

5. Delayed Childbirth

When a baby is in the birth canal for over 18 hours, that baby is considered to be in fetal distress. The pressure inside the birth canal can crush a baby’s organs, and it’s difficult for oxygen to reach the baby’s brain when it has been in the birth canal for so long. Risks involved in delayed childbirth include spina bifida, autism, and cerebral palsy. 

Seeking Legal Aid for Babies Injured During Birth

Birth injuries can be mild, but they can also be devastating and have ramifications that last well into a child’s adult life. Birth injuries are also often preventable and can be caused by medical malpractice or other human errors. If your baby was injured during birth, you may be entitled to monetary compensation. 

Hunt Law Firm is a premier personal injury law firm serving clients throughout northern New Mexico. Each attorney on Hunt’s dedicated team has a track record of winning successful jury awards for victims, and they will shepherd you through your legal journey with strength, skill, and compassion. Get in touch with our office today.

client signing waiver with personal injury attorney

Medical Liability Waivers: When Can You Still Sue After Signing?

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There are plenty of medical professionals in your life who might require you to sign a medical liability waiver: nurse practitioners, doctors, surgeons, chiropractors, physical therapists, dentists — the list goes on. 

It can be off-putting and scary when someone asks you to sign a piece of paper giving up any of your rights, let alone your right to pursue legal recourse. What if a medical procedure goes wrong and renders you unable to sue for financial and emotional damages? 

If you signed a medical liability waiver before a procedure and want to sue for damages, read on to determine whether it makes sense for you to proceed. 

What is a medical liability waiver?

A medical liability waiver is, above all else, a release. Signing a medical liability waiver means that you are releasing your medical professional from all legal liability if something goes wrong during your procedure. 

It is illegal to force a mentally capable adult to undergo any medical procedure, no matter how small, unless they give informed consent. 

Signing a medical liability waiver means that you are waiving your right to sue a medical professional for damages after the fact. A medical liability waiver is meant to ensure that a patient is as informed as possible about the risks their procedure might entail so that patients will be unable to seek financial damages.

Patients’ Rights and Medical Liability Waivers

As mentioned above, adults who are capable of making decisions for themselves cannot be forced to undergo medical treatment unless they give consent. 

This does not apply to adults with developmental disabilities or intellectual handicaps, who generally have a proxy. A proxy is a person who makes medical decisions for a person who cannot make decisions for themselves. 

If you are a proxy, your rights regarding whether you can sue after signing a medical liability waiver are basically the same as if you were making medical decisions for yourself. 

When can you still sue after signing a medical liability waiver?

Just because you sign a medical liability waiver doesn’t mean a medical professional or company isn’t responsible for your safety. There are a few reasons you might be able to sue after signing a medical liability waiver.

First, your medical liability waiver must include the following three things to constitute informed consent: 

  • The kind of procedure that the patient will undergo
  • Every significant risk involved in the procedure
  • Any medically viable alternatives to the procedure 

If your medical liability waiver is missing any of these three things, you did not give informed consent before undergoing a medical procedure, and you can sue.

Another situation in which you would be able to sue would be in the case of the waiver not being specific enough about the procedure and its risks or if your personal injury was not one of the risks you were warned of in the waiver.

The final circumstance in which you would be able to sue after signing a medical liability waiver would be in cases of gross negligence. In other words, you can sue if you believe you can provide a court with evidence that proves you were injured because your doctor was grossly negligent while performing the procedure.

Seeking Legal Aid After Signing a Medical Liability Waiver

There are few things more important to a person than their health, and it can be incredibly disempowering to feel forced into accepting the consequences of actions that were not your fault. 

If you believe you were taken advantage of by a medical provider or that you were a victim of medical malpractice, you may have the right to sue for damages and obtain financial compensation. 

Contact Hunt Law, a personal injury law firm serving clients across northern New Mexico. Their dedicated attorneys will guide you through your legal journey with skill, focus, and compassion.

Injured teenager getting arm wrapped by doctor

How to File a Personal Injury Claim for a Minor

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A minor who has experienced an injury may have grounds for a personal injury claim, but injured minors who are under the age of 18 are not allowed by the court to bring a personal injury claim for themselves. An injured minor or child will not be able to file a claim without a parent or a legal guardian. Find out how to file a personal injury claim for a minor. 

Examples of Minors’ Personal Injuries and Statute of Limitations

Personal injury claims that apply to minors are handled differently than personal injury claims involving injuries to adults. Many accidents lead to injuries in minors because an adult behaved in a negligent manner or breached a duty of care. Personal injuries experienced by minors can happen in a range of settings and scenarios, including:

  • School bus transportation accidents
  • Jungle gym/playground falls
  • Pool outings
  • Use of defective products
  • Daycare accidents and negligence
  • School activities
  • Sports
  • After-school activities
  • Field trip accidents
  • Interactions with pets/animals
  • Motor vehicle accidents 
  • Medical malpractice

States enforce statutes of limitations that restrict the amount of time a victim has to file a personal injury complaint. A personal injury attorney can advise you on the details of these time limits in your state.

The Guardian ad Litem

Personal injury claims for minors need to be filed by the parent or legal guardian of the minor. Some judges may appoint a guardian ad litem to ensure that there is no conflict of interest between the parent or legal guardian and the minor that they represent. The guardian ad litem will also ensure that the legal guardian or parent is not taking advantage of the minor or the situation. 

The Minor’s Damages

In some cases, the minor and the parent or legal guardian may both have grounds to be found eligible for damages. A minor may be eligible for pain and suffering as a result of the injury, which includes emotional trauma. A minor may also be eligible for damages for lost wages if they had to take time off of work as a result of their injury.

Suppose that the minor suffered injuries due to the gross negligence of another, such as in a case of school or daycare abuse. In those cases, punitive damages might also be included in a claim for compensation. 

The Parent or Legal Guardian’s Damages

A parent or legal guardian representing a minor in a personal injury claim could potentially be owed out-of-pocket medical costs that were not covered by health insurance. 

Additionally, the court may appoint the parent or legal guardian damages for lost wages for any time that was taken off work to take care of the injured minor.

General Settlement Information

With a smaller settlement amount, the compensation will most likely be deposited into the court’s registry. The minor may access their account when they are a legal adult at 18 years old.

Larger settlements will usually be managed by the attorney and the guardian ad litem assigned to the case. Again, the compensation will most likely be placed in an investment or annuity account until the minor becomes a legal adult at 18 years of age. 

Let Hunt Law Help You

Every attorney at Hunt Law is dedicated to protecting the rights of clients and helping them pursue the compensation they deserve. Our areas of practice encompass:

  • Medical malpractice
  • Wrongful death
  • Personal injury
  • Catastrophic injury

Hunt Law is proud to give you respect, service, and reassurance. We serve clients in Las Vegas and the following cities in Northern New Mexico:

  • Santa Fe
  • Albuquerque
  • Rio Rancho
  • Raton
  • Roswell 
  • Los Alamos 

Get in touch with a skilled personal injury attorney at Hunt Law for a free consultation today.

Wrongful Death report and gavel in a court

Wrongful Death Claims: Avoid Common Mistakes

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New Mexico state law defines a wrongful death claim as a fatal incident caused by another person, either through their direct actions or failure to act in an appropriate way.

Unfortunately, filing a wrongful death claim can be a complicated and emotional process where people are understandably bound to make mistakes. 

While carrying painful emotional grief from mourning the loss of their loved one, families scramble to obtain funds for burial services and deal with multiple other problems. This can make it hard to think through all of the elements that might support a wrongful death claim.

Wrongful death laws vary from state to state, but people’s mistakes when pursuing a wrongful death claim seem to remain consistent across the U.S. 

With this in mind, here is a short guide on how to avoid common mistakes when filing a wrongful death claim.

Avoid Arguing

Many families end up arguing with each other due to high tension and disagreements. However, it is crucial to communicate, listen to each other, and avoid arguing altogether. Arguments always complicate lawsuits and make the process more difficult for everyone involved. Additionally, they allow more misunderstandings to occur.

Try to avoid arguing with your family as much as possible. Remember that you are all working toward the same goal.

Stay Silent

Many people may want to speak with the media or feel pressured to after the death of a loved one. Please avoid talking to other people about the death, especially any local newspapers or news media outlets. Unfortunately, any statement that you make in public may eventually be used against you.

Avoid speaking with the insurance companies of the opposing party. One or more of these companies may try to offer compensation to you. Refrain from talking to them altogether because insurance companies may use anything you say against you. They will also try to reduce or deny the money rightfully owed to you.

Whenever possible, stay silent and avoid talking to other parties. 

Think Before You Agree to a Settlement Offer

Try not to accept any settlement offer without taking time to think about whether that offer is the best option in your case. You will not be allowed to ask for additional compensation at any time in the future after you accept a settlement agreement. 

Ensure that the money offered is enough to take care of you and your family after the death of your loved one.

Hire an Attorney

A skilled attorney will help you navigate the legal process without burdening you with any of the usual stressors that come with lawsuits. They can ensure that you avoid any other common mistakes, such as the following:

  • Waiting too long to take legal action
  • Going past the statute of limitations
  • Failing to name all potentially liable parties
  • Failing to include a parent company, employer, or partnering organization as a responsible party
  • Missing an important deadline to file or produce documentation

These mistakes can completely make or break your case. 

Contact Hunt Law to Avoid Mistakes

At Hunt Law, we are intimately familiar with what it takes to file a successful wrongful death claim in New Mexico. With extensive experience in medical malpractice, wrongful death, personal injury, and catastrophic injury cases, we provide the respect and skill that you deserve.

We serve clients in many locations, including Las Vegas, Santa Fe, Albuquerque, Rio Rancho, Raton, Roswell, and Los Alamos.

Let the team at Hunt Law help you at all stages throughout the legal process. Get in touch with an experienced and skilled attorney from our team for a free consultation today.

stethoscope and gavel representing medical malpractice

5 Diseases Commonly Misdiagnosed by Doctors

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Misdiagnosis is more than a mistake. It’s a decision that can have life-altering or even fatal consequences. Because it is such a serious issue, one might assume it is a problem doctors are desperate to avoid. That may be the case, but the fact remains that around 1 in 20 patients are misdiagnosed.

Obviously, failing to correctly diagnose a patient can delay the person’s recovery and may even subject them to treatments that are harmful. That’s why misdiagnosis is a major subcategory of medical malpractice. When this situation happens, the patient is entitled to compensation for their wasted time, money, and suffering. 

While we wish this were not a common issue, the truth is that millions of Americans are misdiagnosed every year. As a result, you might wonder about some of the most commonly misdiagnosed diseases. Keep reading and we will cover a few. 

1. Cancer

Over a million people are diagnosed with cancer each year. But not every diagnosis of the disease is correct. According to some studies, the rate of misdiagnosis may even be as high as 28%.

Usually, a cancer misdiagnosis occurs because of a mistake made in the pathology lab. A misread tissue sample could have disastrous effects for the patient. 

2. Pulmonary Embolism

Pulmonary embolisms, or blood clots in the lungs, present with shortness of breath, sweating, chest pain, and even anxiety. And yet, doctors often miss these telltale signs. 

Unfortunately, a misdiagnosed pulmonary embolism will often result in death. The damage from this disease greatly increases over time, so missing an early window could have catastrophic effects. 

3. Lyme Disease

Lyme disease is often referred to as “The Great Imitator.” That’s because its symptoms can be similar to those of other conditions, like Alzheimer’s, fibromyalgia, chronic fatigue syndrome, and more. 

Lyme disease is caused by a tick bite and is sometimes accompanied by a bulls-eye rash. But if that rash is not present, misdiagnosis is more likely to occur. In fact, fewer than a quarter of Lyme disease sufferers report being correctly diagnosed at the onset of the disease. 

4. Heart Attacks

Since heart disease is the leading cause of death for people in the United States, you would think most doctors would know a heart attack when they see one. And yet, this condition remains one of the most misdiagnosed diseases. 

Unfortunately, if a heart attack does not receive proper treatment within the first hour, the risk of scarring and muscle death increases dramatically. So a failure to diagnose this condition the first time will sometimes result in death. 

5. Stroke

Unfortunately, tens of thousands of people are misdiagnosed after having a stroke. These patients are often told they’re suffering from vertigo or migraines. This is even more likely to happen when a patient is a minority, a woman, or a person under the age of 45. 

What to Do If You Have Been Misdiagnosed

When you make a visit to the doctor, you expect to be properly cared for. So learning that you have been misdiagnosed by a professional you trusted can leave you feeling vulnerable and unsure of how to proceed. 

If you believe you have been misdiagnosed, you should move quickly to get a second opinion from another doctor. Once the misdiagnosis is confirmed, you should speak to a lawyer about a potential medical malpractice lawsuit. Pursuing legal action can help you get compensation for injuries, trauma, or medical bills you wouldn’t otherwise have. 

Whenever you’re ready, Hunt Law Firm is here to help. From personal injury to medical malpractice, we cover it all in Northern New Mexico. Get in touch with our office today.

Older woman's hand being held

Are Nursing Home Staffing Shortages Causing Increased Injury Risk?

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There is no denying the disproportionate effect the COVID-19 pandemic has had on the nursing home industry. Not only has it brought about new challenges but it has exasperated existing challenges as well. Issues like staffing shortages and high turnover rates have only gotten worse over the last few years.

If you have a loved one in a nursing home, you may wonder how these current conditions will affect their safety. Below, we’ll cover a range of topics, like whether the staffing shortage has increased the risk of injury. 

Increased Risk of COVID-19

Since the onset of the pandemic, the nursing home community has lost more than 200,000 people to the virus—including both staff members and residents. Of course, this huge number is due in part to the vulnerable nature of nursing home residents and their susceptibility to contagious diseases. 

However, studies seem to indicate that there is another reason for the high number of pandemic-related nursing home deaths: the staffing shortage. As care facilities struggle to give their residents full support, infections and deaths soar. 

As this problem continues to take its toll, the need for vaccinated staff members grows even more critical. In the meantime, you may wonder what else your loved one has to worry about. 

What We Know

Recent studies have shown that the majority of nursing home facilities are not meeting the staffing standards set by the Centers for Medicare and Medicaid Services. Sometimes this is out of necessity; other times it is done by choice to save money. Whatever the reason, residents are always the group who suffer most. 

When there is a poor nurse-to-resident ratio, nurses feel more stress, and the risk of abuse or neglect rises. As you might imagine, this can lead to injury, infection, psychological problems, and even death. 

If you are about to place your loved one in a nursing home or care facility, make sure to do your research beforehand. Ask for recommendations from friends and family members, speak to staff members so you can get a feel for the environment, and try making a visit to the facility on multiple occasions. 

The Most Common Causes of Nursing Home Injuries

Even when you perform your due diligence when placing a loved one in a care home, there is still a risk of injury or illness. We want you to be aware of the most common injuries sustained in nursing homes so you know what to watch for. 

1. Falls

According to the CDC, almost ¾ of all nursing home residents experience a fall. It’s not uncommon for a patient to sustain multiple falls in a given year. Because the elderly are more likely to suffer from muscle weakness or gait problems, some degree of risk is to be expected. But other details, like wet floors or poor lighting, can increase the risk. 

2. Bedsores

There is no excuse for bedsores in a nursing home, yet they remain one of the most common types of injuries that occur there. Keep in mind that while a bedsore may start as a mild injury, it can quickly worsen and lead to infection or death.

3. Overdosing/Improper Medication

When a nursing home resident requires medication, you trust the facility to provide the proper dosage. In the wrong setting, an overworked or overstressed caregiver might accidentally provide the wrong dose — leading to potentially deadly consequences.

Facing an Injury from a Nursing Home?

If you or a loved one has been injured in a nursing home, call Hunt Law Firm. We handle personal injury and wrongful death cases in Northern New Mexico.