Skip to main content
Parrish Collins

Parrish Collins’s Answers

5 total

  • Medical malpractice statutes? My husband had a botched surgery, but the evidence didn't appear until 9 years after in NYS.

    My husband had a disc replacement that went wrong. He sought care after and was told everything was fine. There was no proof it was out of place or faulty. He was told by the surgeon who put it in that it was working beautifully and he was a s...

    Parrish’s Answer

    Whether or not the statute of limitations has run will depend on whether New York follows the "discovery rule". Many states follow this rule as does the Federal Tort Claims Act. Under the discovery rule, the statute of limitations begins to run when the patient "knew or should have known" of the medical negligence.

    Some states, including New Mexico where i limit my practice, have confusing laws regarding when the discovery rule does and doesn't apply. In New Mexico and other states, there are often significant protections for certain medical providers. For instance, in New Mexico, the discovery rule does not apply to "qualified healthcare providers". QHP status simply means the medical provider participates in the state insurance program under the Medical Malpractice Act. It is incredibly unfair to patients but it is the law and it is repeatedly upheld.

    As such, the first inquiry should be whether New York follows the rule. The second will be whether the rule applies to your situation. And finally, it must be determined when you "knew or should have known" of possible medical negligence.

    Medical malpractice claims are very complex. It is highly advisable that you consult with a New York medical malpractice attorney immediately.

    See question 
  • Hi, can I change my auto policy coverage after an accident?

    Hi, last April I had a rear end auto accident where the other party was at fault. I am about to finish my physical therapy. I have a full coverage and a BI as if my auto were a leased car ( 100, 300 K, etc ) I want to know if I can cha...

    Parrish’s Answer

    As suggested, the insurance coverage in place at the time of the accident controls. Also as suggested, reductions in premiums could come with serious reductions in coverage. Among the most important coverages, at least in New Mexico, is uninsured/underinsured motorist coverage. In case of serious injuries, this is often the only viable source of coverage since many drivers are either uninsured or grossly underinsured. Again, this is speaking strictly from a New Mexico perspective.

    See question 
  • What will happen after shoplifting an item under 4$ dollars? Will it be on my record? Need to know.

    I'm 19 and i was caught shoplifting an item that was 2$ dollars and couple cents at Walmart . I opened the purchase(feminine needs) and took only half of it and left the rest in the store. I was told to come back right when I got outside the store...

    Parrish’s Answer

    First, you have listed this a juvenile issue. Under New Mexico law, because the incident occurred when you were 19, it would be handled in the adult courts if it got that far, not in the juvenile courts.

    These national chains are pretty aggressive with shoplifters. If they don't file charges, you have really dodged a bullet. However, under New Mexico law, the statute of limitations on petty misdemeanors such as this is one year.

    If they are asking for restitution, you should contact an attorney in your area to discuss how to go about it if you can afford it. Restitution is a small price to pay to avoid a criminal charge, even a petty misdemeanor.

    And yes, if charged, the charge will stay on your record in the sense that it will always be in the court index unless you can get the record sealed which is extremely difficult and rare.

    See question 
  • I was in an accident last Dec..I was rear-ended.Is there a certain amount one can expect to recover from insurance?

    I had a claim for damages to my vehicle.Which they paid for repairs by a check for me to give to the repair shop.They told me if it was more than that to just let them know.Did I handle that correctly? I am in physical therapy for neck/shoulder ...

    Parrish’s Answer

    There are two claims here, one for the property damage to your vehicle, the other for your personal injuries. In New Mexico, the insurance company is obligated to pay only the costs of repair or the fair market value of the car, whichever is less.

    The second claim for personal injuries is slightly more complicated. There are many variables that will factor into the value of your personal injury recovery. In New Mexico, recoverable damages which will dictate the value of a claim are set forth in the Uniform Jury Instructions. Every state will have its own. These would include medical expenses (past and future), lost wages, permanence of injury and other recoverable damages.

    If you have serious personal injuries, it is important to contact an attorney. Every case is different and requires individualized analysis by an experienced attorney.

    See question 
  • I was shot in the back with an arrow while in a dog park. I feel guilty about suing , should I get over this guilt?

    I had no idea i was shot with the arrow until others at the dog park told me. I was rushed to the hospital and had to have it surgically removed. I was luckily sparred my life. It could have very closely hit vital organs. It was a father and s...

    Parrish’s Answer

    You should not feel guilty about filing a claim against the homeowner. It should be covered by their homeowners insurance. If they have no homeowners insurance, filing suit might be an exercise in futility anyway. Those that do not carry homeowners insurance typically have no assets against which a judgment could be recovered.

    Shooting an arrow toward a public park is very negligent and arguably reckless. You should not be forced to bear the burden of medical expenses and other damages due to the negligence of the father, no matter how sympathetic the situation might seem.

    See question