Product Liability

If a product was sold and caused you any type of injury you may have a case against the manufacturer, distributor, and/or retailer of the product. There are many different courses of action in a product liability claim, including: defective design, defective manufacturing, and defective and/or misleading marketing. Because there are many laws in place to protect consumers, a product liability case can be difficult and you’ll want an Albuquerque defective products lawyer to represent your interests in seeking any possible compensation.

Medical Malpractice

When we’re ill we place our trust in physicians to do all they can to treat us and help us regain our health. However, when a medical professional makes a serious error that causes you serious harm, you may be entitled to legal action. When an error results in serious injury or death from improper treatment, misdiagnosis, or surgical errors, for example, you may be entitled to compensation for things like future medical expenses and for pain and suffering. If you believe you’ve been the victim of medical malpractice, you’ll want to contact an Albuquerque or Santa Fe medical malpractice attorney to review your case and determine what type of legal action, if any, you may be entitled to.

Wrongful Death

Wrongful death applies to the loss of life due to the negligence and recklessness of someone else. This can be the result of anything from an auto accident to a faulty product and even medical malpractice. Whatever the cause of this unfortunate event, an Albuquerque or Santa Fe wrongful death attorney can review and investigate your case. If it is determined someone else is at fault, you may be able to seek compensation for current and future lost wages, funeral expenses, and pain and suffering. Again, you’ll want to contact a Santa Fe or Albuquerque personal injury attorney to investigate and review your case.

An unfortunate reality of life is that accidents happen on a daily basis and can have long-lasting effects on your life. Personal injury attorneys can review your case after an accident and fight to get you fair compensation from an insurance company or liable party.

If you or a loved one have been affected by the negligence of a medical professional, you may have a medical malpractice claim. A personal injury lawyer with experience in medical malpractice claims may be able to help you determine if you have a case and advise you on the best course of action to recover damages caused by a medical professional.

A medical professional is responsible for the choices they make as it pertains to your health and overall well-being. When a medical professional acts in a manner that is beneath the reasonable expectations you would have of someone with similar experience or makes a decision that causes you unnecessary harm, they may be held liable for their actions. If you think you have a claim, you will need to:

• prove that the doctor made an unreasonable mistake that another doctor would not have made in the same situation,
• demonstrate how the doctor’s mistake caused you a harm you would not have otherwise experienced if they had not treated you the way they did, and
• show the extent of the damages you experienced due to the doctor’s negligence.

It usually takes the testimony of an expert witness, such as another doctor, to prove that your doctor made a mistake. Finding an expert to testify against a member of his or her profession may be a difficult thing to do. A personal injury lawyer should be able to help you find an expert witness to help substantiate your claim.

The cost of an expert witness is often very expensive. Usually, a personal injury lawyer will work on a contingent fee basis (see Understanding Attorney Fees). That is, they do not receive any compensation for their time and effort if they are not successful with your case. If an attorney will take your case on a contingent fee basis, they will generally front the money for an expert witness and only be reimbursed if they recover damages for you. A medical malpractice lawyer should be familiar with the laws governing medical malpractice and be able to help you fight for the recovery you are entitled to.

There are several things you will want to collect and keep track of if you think you have a medical malpractice claim. First, you will want to obtain your medical records so your attorney can look them over and/or send them to an expert witness to evaluate. Second, it is important that you keep a daily journal documenting your pain and suffering. Be sure to include any events or special occasions you miss due to your injury. Third, keep track of all of your medical bills, including prescription drug costs. Also, keep track of days of work missed or any interference your injury has with your ability to earn an income or pursue your household duties, hobbies, and family responsibilities. All of these things hold a pecuniary (financial) value and may be used to calculate the total damages you are eligible to recover.

Do not delay in seeking the advice of a personal injury lawyer. There are statutes of limitations (see Understanding Statutes of Limitations) that govern the amount of time you have to file a medical malpractice claim. Statutes of limitations usually begin accruing at the onset of your injury or at the time you should have known about your injury. Therefore, it is imperative that you seek the counsel of a personal injury lawyer as soon as possible after your injury to determine if you are within the statute of limitations for filing your claim.

In addition to the medical professional, you may have a claim against the hospital or facility that provided your care. An experienced medical malpractice attorney should be able to help you determine all of the parties at fault for your harm.

You may also be able to receive punitive as well as compensatory damages (see Types of Damages). Punitive damages may be awarded if the doctor’s behavior is found to be reckless and with absolute disregard for accepted . Your attorney should be able to help you determine what types of damages you may file for. As always, make sure that the attorney you hire has experience in medical malpractice cases.

One type of alternative medical practice that has gained wide acceptance in our society is chiropractic. Chiropractors believe that interference with the body’s muscular, nervous and skeletal systems impairs the body’s ability to fight disease and disrupts the body’s normal functioning. They practice spinal manipulation and other techniques that are believed to help bring the body back to a state of homeostasis; that is, the body’s natural ability to fight disease is restored. To become a chiropractor (D.C.), there are different standards for each state. For most states, chiropractors must finish at least 2 years of undergraduate education in a science-related field and then complete courses at a four-year chiropractic school to receive their D.C. While many people have benefited greatly from the care of chiropractors, their reputation is not well established with insurance companies.

One of the reasons chiropractic care is not regarded the same as care from a medical doctor is chiropractors’ credentialing and training is not as rigorous as a medical doctor’s. To become a medical doctor (M.D.), a person must complete a four-year bachelors degree with a preferable emphasis on basic science. After completing a BA or BS program, people interested in becoming a doctor must attend a four-year medical school. At the completion of medical school, an M.D. is awarded but graduates are not eligible to practice medicine on their own until they complete a residency program. Residency programs generally range from three to seven years and are programs designed to give M.D.’s professional experience under the supervision of experienced M.D.’s. Once an M.D. completes his or her residency, he or she may opt for a fellowship of an additional one to three years of training to become highly specialized in a specific field of medicine.

Also, since chiropractors do not prescribe medication, the seriousness of your injury may be called into question if you choose to see a chiropractor over a medical doctor. While medication may not be the best solution to every health concern, insurance companies often place a value on your injuries based on the amount of pain you experienced as a result of your injuries. Empirical evidence is often necessary to substantiate personal injury claims and justify the amount of money you are seeking for compensation of pain and suffering. Medication is often evidence of the pain you claim to experience as a result of your personal injury. Expenses for a medical doctor’s diagnosis and treatment tend to be regarded more seriously than those of a chiropractor. A personal injury attorney should be able to advise you on seeking care that will accurately reflect the pain and devastation of your injury.

This is not a commentary on what type of doctor or healthcare is better for your health needs; rather, it is an attempt to inform you of the realities of personal injury claims and how different philosophies of medical practice are viewed by insurance companies. What type of doctor you choose to treat your injuries may ultimately affect the amount of money you may be entitled to recover for your personal injuries. If you believe that a chiropractor’s care is in your best interest, it is a good idea to see a medical doctor first and ask for a referral. Maintain contact with your primary physician throughout your chiropractic care and have him or her document your progress toward recovery. A medical doctor may also have treatments that will help you recover in addition to chiropractic care.

When you experience a personal injury as the result of an accident that is not your fault or an accident that you are partially at fault for (see Understanding Comparative (Fault) Negligence Liability), keep in mind that medical doctors and chiropractors are viewed differently by insurance companies. If you want to recover the maximum amount of money you are entitled to for your personal injury, it may be in your best interest to seek primary health care from a medical doctor. As always, a personal injury attorney should be able to advise you on the best course of action to take for your claim.

Getting your medical records for yourself is as simple as requesting a copy from your doctor or the hospital where you received service. After requesting your medical records, the healthcare entity must provide you with a copy within 30 days of your request in most states. While you may verbally ask for a copy of your medical records, it is usually a good idea to make your request in writing so that you have evidence of when you submitted your request. There may be a small fee for obtaining a copy of your medical records that covers administrative costs.

Many healthcare providers have a form for patients to fill out to request a copy of their medical records. If your provider does not have a form, be sure to include the following information when writing a request for your medical records:

• Date of request
• Full Name
• Address
• Telephone number
• Date of birth
• Medical record number (if you know it)
• Information or date ranges that you would like to see or receive a copy of
• How you would like to receive your copy (will you pick it up or would you like it delivered?)
• Your signature

Just because you request a copy of your medical records and have full access to them, your request may still be turned down. Your healthcare provider may deny your request if your medical records contain information that could endanger your health or the health of another (i.e., mental health records), if you repeatedly ask for copies, and if you are involved in litigation with your healthcare provider. If you are denied access to your medical records, your healthcare provider must provide you with a reason why you cannot have access.

If you have reason to believe that you have been the victim of medical malpractice and are having difficulty obtaining a copy of your medical records, it’s important to contact an experienced attorney as soon as possible. An attorney should not only be able to help you obtain your medical records, but conduct a thorough investigation to help you determine if you have a case against a medical institution or healthcare provider.