Allegra-Law, LLCAlbuquerque Personal Injury Lawyer | Allegra-Law 2024-03-08T08:29:42Zhttps://www.allegra-law.com/feed/atom/WordPress/wp-content/uploads/sites/1200575/2022/11/cropped-favicon-image-1-32x32.pngOn Behalf of Allegra-Law, LLChttps://www.allegra-law.com/?p=483962024-03-05T08:29:58Z2024-03-08T08:29:42ZWhen a doctor doesn’t practice a standard level of care on their patients, then they may be committing medical malpractice. This can happen if a doctor makes a mistake during surgery or prescribes the wrong medication, for example.
Medical malpractice can start even before a patient undergoes treatments for their medical conditions. A patient may be a victim of misdiagnosis or a missed diagnosis. Here’s what you should know about each:
Were you given the proper attention during a doctor’s visit?
A missed diagnosis can happen if a doctor fails to perform any kind of examination when a patient is seen. Missed diagnoses often happen to women. Many women have heard the words “it’s all in your head” and are never given the proper care they deserve. Women are historically not given the same treatment as men when seen by medical professionals. Some reasons given by doctors for why they did not diagnose a patient is because the doctor did not believe a patient is suffering from the conditions that are presented. Or, a doctor may believe that a patient is only seeing them for certain addictive medications. When a patient is not given any kind of diagnosis and treatment, their medical condition can worsen, which can be fatal.
Did a doctor confuse the cause of your symptoms?
A lot of medical conditions have similar symptoms. This can make it harder for doctors to determine what kind of illness or injury a patient might be suffering from. To make a conclusive diagnosis, a patient may be required to undergo several rigorous tests. Once completed, a doctor should have some idea as to what a patient is experiencing and prescribe an appropriate treatment.If a doctor confuses a medical condition, then they may have misdiagnosed a patient. This can happen if a doctor doesn’t have the proper training or prescribes the incorrect tests for a patient. As a result, a patient may undergo the wrong treatment while their medical condition goes untreated.Victims of medical malpractice can seek compensation for their injuries, illnesses or losses. It’s important that victims understand their legal rights as they seek compensation.
]]>On Behalf of Allegra-Law, LLChttps://www.allegra-law.com/?p=483942024-02-21T04:46:43Z2024-02-27T04:46:04ZIt is certainly true that speeding can cause car accidents. It makes it more likely that a driver will lose control of the vehicle and it means they have less reaction time. Speed can also make the accident more severe, leading to more serious injuries.
To stay safe, some drivers decide that they are going to drive well below the speed limit. They will just take their time and be cautious, and they think they are reducing the odds of an accident. But is this actually true?
Why the opposite may be true
What studies have found is that driving too slowly actually increases the odds that a car crash will take place. It is not safer than speeding. In fact, it is safest when all vehicles on the road are moving at relatively the same speed, maintaining a constant flow of traffic. When someone interferes with that flow, either by going too slowly or too quickly, it’s more likely a crash will take place. Differences in speed lead to all sorts of issues on the road. For instance, drivers behind a slow driver may have to make sudden and unexpected lane changes. This leads to more confusion on the road. Slow drivers will sometimes get rear-ended by unaware drivers behind them. This is not necessarily the front driver’s fault, but their slow speed is a reason for the crash.
Have you been injured?
Even if you try to maintain the correct speed and drive with the flow of traffic, you could still be injured in an accident caused by another negligent driver. That’s when you need to know how to seek financial compensation for medical bills and other costs.]]>On Behalf of Allegra-Law, LLChttps://www.allegra-law.com/?p=483932024-02-19T06:54:06Z2024-02-23T02:00:38Zsigns of abuse and neglect because the elderly are often vulnerable and may be unable to communicate their experiences effectively. Understanding and identifying these signs early can be vital to intervening and ensuring the safety of loved ones.
Unexplained injuries
One of the most visible signs of abuse is unexplained injuries such as bruises, cuts, burns or fractures. These injuries may indicate physical abuse or rough handling by staff members. It's essential to inquire about the cause of any injury and monitor if such incidents recur.
Sudden weight loss or malnutrition
Sudden weight loss or signs of malnutrition are alarming indicators of neglect. These conditions can arise from inadequate nutrition, which might occur if staff aren’t providing sufficient or appropriate food or if they aren’t assisting residents who need help eating. Malnutrition can severely impact an elderly person's health and immune system.
Poor hygiene
Nursing homes are responsible for assisting residents with personal hygiene tasks, including bathing, brushing their teeth, and changing clothes. Signs of poor hygiene, such as unwashed hair, dirty clothes or a noticeable lack of cleanliness, can indicate neglect. This lack of care can lead to discomfort, skin infections and other health issues.
Environmental hazards
Unsafe or unsanitary living conditions within the nursing home, such as poor lighting, slippery floors or unclean facilities, can indicate neglect. These environmental hazards can pose significant risks to residents, leading to falls, injuries or health problems due to unsanitary conditions.
Financial irregularities
Unexplained withdrawals from a resident's bank account, changes in financial documents or missing personal belongings can suggest financial exploitation. This form of abuse involves improperly using a resident's funds, property or assets without consent, often accompanied by other forms of abuse or neglect.
Anyone who has a loved one in a nursing home should ensure they act as soon as possible to stop abuse when they witness concerning signs that could be manifestations of mistreatment. Legal action is possible under certain circumstances, and seeking assistance can often help reduce the stress involved in these situations.]]>On Behalf of Allegra-Law, LLChttps://www.allegra-law.com/?p=483922024-02-06T05:03:57Z2024-02-10T05:03:45ZWhen you look at fatal accident rates, a disturbing trend becomes clear. Teenagers make up a tiny proportion of overall drivers, with their age group spanning just from 16 to 19. But the rate at which they cause fatal car accidents is disproportionate to the size of this age group. The accident rate is much too high, showing that teenagers are some of the most dangerous drivers on the road.
But why is this? People often point to things like distracted driving or speeding, and these are factors in specific cases. But they are certainly not exclusive to teenagers and many adults also participate in these activities behind the wheel. So why do teens have a higher fatal accident rate?
Teens lack experience as drivers
The problem is that driving is a complicated skill. You are essentially operating heavy machinery at high speeds, where you only have a second or two to react to things that happen around you.Over time, people get used to this and it comes as “second nature.” But it isn’t natural at all. They’ve simply learned the skill and improved their abilities. Teenagers who just started driving lack this experience. This is what causes them to make mistakes that other drivers wouldn’t make. It also makes the aforementioned issues – like distracted driving – much worse because teens can’t correct their mistakes and avoid accidents as easily.Unfortunately, this problem is likely to continue because it takes time for teenagers to gain the necessary experience as drivers. Those who get injured in serious car accidents need to be sure they know what legal steps they can take to seek proper financial compensation.]]>On Behalf of Allegra-Law, LLChttps://www.allegra-law.com/?p=483902024-01-22T10:36:22Z2024-01-25T10:35:45ZNew Mexico law recognizes the invisible wounds of "pain and suffering" as legitimate damages in accident cases.
What do they include?
Beyond medical bills and lost wages, pain and suffering, or non-economic damages, address emotional and psychological consequences of accident injuries, such as:
Physical pain: The aches and discomfort caused by your injuries.
Mental anguish: Anxiety, depression and other emotional distress stemming from the accident.
Loss of enjoyment: Inability to participate in activities you once loved due to your injuries.
You may also obtain non-economic damages if your car accident injuries impact your relationships with loved ones.
Unlike some states, New Mexico has no cap on non-economic damages in most personal injury cases involving vehicle crashes. That could mean virtually no limit to your injury compensation when your claim is handled with care.
What if you contributed to the accident?
You may still recover compensation if you played a role in causing the crash, even if your share of fault is high. Most states bar economic and non-economic damages when a party is 50% or more responsible for an accident.
In New Mexico, the pure comparative fault system allows you to collect regardless of fault. However, your award will be reduced by your percentage of fault.
What should you do next?
Determining whether to pursue pain and suffering damages depends on your unique circumstances, namely the severity of your injuries and the potential for future complications or disability.
Making decisions when seeking accident compensation comes with complications, but legal guidance can help you make the most of your claim.]]>On Behalf of Allegra-Law, LLChttps://www.allegra-law.com/?p=483872024-01-11T05:07:24Z2024-01-17T05:06:45ZIt's hard for an adult child to accept that their parent's health is declining. The person who cared for you can no longer take care of themselves. However, a time may come when living alone may pose a significant risk to your parent, and you can no longer ignore the fact that they need 24-hour care.
Once they are in a nursing home, you expect the staff to provide for your parent's daily needs with love and care. While most nursing homes provide excellent care, some don't.
Recognizing the signs of nursing home negligence
New Mexico's nursing homes are supposed to be safe havens for the 5,200 people who live in them—unfortunately, the state rates second in the nation when it comes to deficiencies in providing care.Nursing home residents with cognitive decline may be unable to express their concerns. Therefore, it's up to their loved ones to advocate on their behalf. The first step is being able to recognize the signs. Here are some key indicators that an elderly person is being neglected:
Unwashed hair and body
Wearing dirty clothes
Dirt or fecal material under the fingernails
Sudden weight loss
Withdrawn or depressed mood
Frequent infections or illnesses
Bedsores
Unexplained bruises, cuts or fractures
Frequent falls
The state requires staffing levels so nurses and nurse aides can provide at least 2.5 hours of care to each resident daily. However, that is the bare minimum, and many residents require heavy care.If you suspect that your loved one is being neglected, it's crucial to act quickly. Document your observations and discuss your concerns with the nursing home administrator. If the situation doesn't improve or the administrator ignores your concerns, it may be necessary to initiate legal action. Just as they once protected you, your parents now need you to protect them.]]>On Behalf of Allegra-Law, LLChttps://www.allegra-law.com/?p=483862024-01-02T05:42:06Z2024-01-06T05:41:31ZSpeeding related crashes are increasing
While you may assume that driving is safer than ever due to high tech safety features in cars, you may be shocked to learn that deadly car crashes have increased at a rate of 28 percent from 2018 to 2021. This is startling when expectations are the opposite.
Patterns emerge when analyzing the data. Fatal accidents were more likely to involve young, male drivers. There were also more accidents involving one vehicle. Motorcycle accidents were also shown to be quite significant regarding loss of life.
The dangers of speeding
The speed limit should be taken seriously. Speeding can result in:
Loss of control of the vehicle
Shorter reaction times for drivers
The inability to properly yield
Rollover accidents
Head-on collisions
Rear-end collisions
T-bone collisions
Sideswipe collisions
Accidents involving pedestrians
More severe and impactful accidents
Speeding makes car accidents more likely. Drivers will have less time to make the adjustments they need to avoid a collision with another car, pedestrians, wildlife or stationary objects. The accidents that do occur will also be much more impactful and will result in more severe damage to people and property or even death.
Adhering to the speed limit is crucial for enhancing road safety, fostering a positive shift away from the alarming rise in fatal accidents. This collective effort towards responsible driving is a fundamental step towards saving lives.]]>On Behalf of Allegra-Law, LLChttps://www.allegra-law.com/?p=483842023-12-18T10:36:54Z2023-12-21T15:49:08ZSafe Driver Apprenticeship Program (SDAP).
The SDAP effectively provides a method for companies to use drivers as young as 18 years of age for interstate deliveries. The current age limit is 21. While this is only a pilot program, there are many opposed to the action because they feel that younger drivers simply inspire too many risks.
What are the cons of allowing younger drivers?
There are numerous arguments for broadening the pool of available drivers to anybody who holds a commercial driver’s license (CDL), regardless of their age – but there are equally numerous arguments against them.
Most opponents of the SDAP cite the fact that it takes the kind of experience that can only come with time for a driver to overcome:
A limited familiarity with large vehicles: Maneuvering a truck requires a different skill set than driving a smaller vehicle, and inexperienced drivers may struggle to adjust to a truck’s turning radius, handling, braking and blind spots.
Challenges in navigating traffic: Truckers almost need a “sixth sense” to navigate complex traffic situations in urban areas and on highway interchanges. A novice trucker may have trouble anticipating and responding appropriately to the movements of other vehicles.
Difficulties with complex weather or terrain: It takes skill to safely traverse hills, turns, iced-over bridges and snowy roads. Drivers who have been rushed through an apprentice program may lack the necessary skills to cope.
An overall lack of maturity: There’s no dispute that the human brain doesn’t fully complete its maturation until someone is in their mid-twenties. Teenage drivers may simply be more impulsive and prone to bad decisions than those with a few more years on them.
Regardless of your personal feelings on the issue, it is always wise to be on your guard when you’re sharing the road with a big rig. If you do end up in a wreck, seeking experienced legal guidance can help you obtain fair compensation for your injuries and other losses.]]>On Behalf of Allegra-Law, LLChttps://www.allegra-law.com/?p=483792023-12-14T06:32:33Z2023-12-19T06:31:33ZIntelligent speed assistance technology
Intelligent speed assistance technology is designed to prevent cars from exceeding posted speed limits. These systems use GPS data to determine a vehicle’s location and a database of speed limits to determine its maximum permissible speed. Passive intelligent speed assistance systems issue an alert when drivers exceed posted speed limits, while active systems lower vehicle speeds automatically by engaging speed limiters.
Drivers are not convinced
Automakers are reluctant to include intelligent speed assistance systems in their vehicles because they increase prices and do not work well in places like busy intersections where roads with different speed limits converge, and drivers object to paying more for technology that they feel is unnecessary. There is little data to show speed assistance systems will prevent car accidents, but New York City is testing the technology on 300 of its municipal vehicles.
Mandatory in Europe
Intelligent speed assistance systems will become mandatory equipment for passenger vehicles in the European Union in 2024, but the National Highway Traffic Safety Administration has yet to take action. Government regulators may be hesitant to require carmakers to install systems in their vehicles that rely on technology still in its nascent stages, but that could change if the number of speed-related accidents in Europe falls.]]>On Behalf of Allegra-Law, LLChttps://www.allegra-law.com/?p=483772023-11-29T05:55:12Z2023-12-05T05:54:53ZDeclining performance records of new companies
Crash data for trucking companies formed since 2018 indicated that most of them will have trucks involved in a modest number of crashes during their first year in business. However, an analysis by the FMCSA found that their truck crashes actually increased in subsequent years.
According to government data, 1.3% of bus and truck crashes occurred to vehicles operated by brand new companies in 2018. By 2021, crashes among new companies accounted for 3.5% of total commercial truck accidents.
More new companies than ever before
Freight and bus operators must complete common-carrier registrations with the FMCSA. In this way, the government agency keeps track of companies operating in the sector. Back in 2019, roughly 8,500 registrations per month took place. By 2021, the agency recorded 17,000 registrations per month, a clear doubling of the number new companies.
In the interest of public safety, government researchers plan to look for differences between established truck operators and newer companies. The glut of new carriers may mean that some of them are not following good safety practices or screening drivers for proper experience.]]>