The Court of Appeals of New Mexico (“New Mexico Appellate Court”) held in its unreported opinion filed on May 13, 2020,”Defendants argue that the district court erred in denying their motion to compel arbitration because Mrs. Rosenquist had express or implied… Read More
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New Mexico Supreme Court Holds Nursing Home Arbitration Agreement Was Substantively Unconscionable
The Supreme Court of New Mexico (“New Mexico Supreme Court”) held in its opinion dated April 6, 2020 that “an arbitration agreement is facially one-sided when it excludes the drafting party’s likeliest claim from arbitration, but requires the non-drafting party… Read More
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New Mexico Federal Appellate Court Rules Legal Malpractice Case Arising From Medical Malpractice Case Was Filed Too Late
In its opinion filed on January 6, 2020, the United States Court of Appeals for the Tenth Circuit (“Federal Appellate Court”) held that the plaintiff in a legal malpractice lawsuit filed against her former New Mexico medical malprtactice lawyer for… Read More
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$11M New Mexico Rehab Facility Malpractice Verdict
After an eight-day jury trial and four hours of jury deliberations, a New Mexico malpractice jury returned its verdict for the plaintiff on January 22, 2019 in the amount of $5 million in compensatory damages and $6 million in punitive… Read More
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Doctors’ Lawsuit Claims New Mexico’s Patient Compensation Fund Improperly Placed At Financial Risk
The New Mexico Patient Compensation Fund (“PCF”) was established in 1978 by the New Mexico Medical Malpractice Act NMSA 1978, § 41-5-1, et seq. The PCF is funded solely through the surcharges paid by its participants and is administrated by… Read More
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New Mexico Medical Malpractice Lawsuit Alleges Failure To Honor DNR
A New Mexico medical malpractice lawsuit alleges that a New Mexico hospital administered a medication to the plaintiff that the hospital was aware that the plaintiff was allergic to, which resulted in the plaintiff suffering cardiac arrest. Then, the defendant… Read More
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$74M New Mexico Medical Malpractice Birth Injury Verdict
During August 2018, a New Mexico medical malpractice birth injury jury returned its verdict in favor a child who suffered permanent, catastrophic birth injuries because the physician who provided prenatal care to his mother failed to properly monitor the growth… Read More
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New Mexico Supreme Court Establishes Rule For Application Of Statute Of Repose In Medical Malpractice Cases
The Supreme Court of the State of New Mexico (“New Mexico Supreme Court”) held in its November 20, 2017 opinion that while the New Mexico Medical Malpractice Act (“MMA”), NMSA 1978, §§ 41-5-1 to -29 (1976, 4 as amended through… Read More
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12 Former Patients Sue New Mexico Psychiatrist For Malpractice, Sexual Misconduct
Twelve former patients of a New Mexico psychiatrist have sued him and the hospital where he practiced for psychiatric malpractice and sexual misconduct. The New Mexico medical malpractice complaint was filed on October 4, 2017 and alleges that each of… Read More
