Collins Attorneys Legal Blog
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The Need for a Medical Power of Attorney Prior to Hospital Care
A Medical Power of Attorney basically allows you to choose someone you trust to make medical decisions on your behalf should you become incapacitated. Why is this instrument necessary prior to hospital…
August 23, 2013 -
Failure to Diagnose and Expert Testimony in New Mexico Emergency Room Medical Malpractice Claim
In the recent case of Holzem v. Presbyterian Healthcare Services, the New Mexico Court of Appeals addressed the admission of expert testimony in a New Mexico medical malpractice. In this case the…
August 14, 2013 -
Scope of Informed Consent in New Mexico Medical Malpractice Cases
Medical providers will often rely on informed consent in defending against a medical malpractice case in New Mexico. Basically, the assertion is that the patient knew the risks and undertook those risks…
August 2, 2013 -
Cumulative Conduct and Punitive Damages in New Mexico Medical Malpractice Cases
Medical care will often include a number of different medical care providers employed by the hospital or other facility. These employees include doctors, physician assistants, nurses and other staff. Medical negligence will…
July 24, 2013 -
Right to Counsel After Waiving Right to Counsel
The recent U.S. Supreme Court case of Marshall v. Rodgers addressed the Sixth Amendment right to effective assistance of counsel. The Court in this case had to determine whether a trial judge…
July 17, 2013 -
Nursing Home Arbitration Clause Treated Like Any Other New Mexico Contract
The New Mexico Supreme Court revisited the issue of the enforceability of nursing home arbitration agreements following the United States Supreme Court‘s decision in Marmet Health Care Center, Inc. v. Brown. We…
July 15, 2013 -
Duty of Care, Damages and Preexisting Conditions in New Mexico Medical Malpractice Claim
The recent case of Salopek v. Friedman from the New Mexico Court of Appeals addressed a host of very important issues in a New Mexico medical malpractice case and personal injury law…
July 12, 2013 -
Future Medical Treatment and Liens for Personal Injuries Under Medicare v. Medicaid
In personal injury claims, medical liens are almost always an issue. Often times, Medicare and Medicaid liens are involved. Medical liens must always be addressed properly. In the case of Medicare and…
July 9, 2013 -
Liability Before Damages – Sometimes Accidents Just Happen!
Accidents are a fact of life. They happen in every aspect of life from home, to the road, to work and every point in between. Sometimes, they result of the negligence of…
May 24, 2013 -
Medicare Liens Including Medicare Set Asides Apply to Medical Damages Only!
By law, Medicare will claim a lien against any personal injury settlement for medical expenses paid for treatment related to those injuries. In addition, Medicare will claim a lien on future medical…
May 21, 2013