New Mexico Medical Malpractice Archives - Page 2 of 5

New Mexico Appellate Court Upholds Cap On Damages In Medical Malpractice Case

July 1, 2024

Background Facts Philip Eslin underwent what he thought was going to be a biopsy performed by Defendant Paul Levy, M.D., a cardiothoracic surgeon employed by Defendant New Mexico Heart Institute. Despite receiving negative pathology results from the biopsy, Defendant Levy performed an extensive surg[...]

New Mexico Wrongful Death Lawsuit Alleges Hospital’s Negligence Allowed Mother To Place Newborn In Trash

October 24, 2023

Nineteen-year-old Alexee Trevizo, who has been charged with first-degree murder with the alternative of child abuse resulting in death and tampering with evidence, went to Artesia General Hospital on January 27, 2023 with complaints of severe back pain. She reportedly denied being pregnant when she [...]

New Mexico Supreme Court Discusses Application Of Collateral Source Rule

August 27, 2023

Court Discusses Application Of Collateral Source Rule: New Mexico does not allow duplication of damages or double recovery for injuries received. The rule prohibiting double recovery is founded on the principle that a claimant is only entitled to one payment of its loss and that an injured party sho[...]

New Mexico Governor Signs Into Law Medical Malpractice Reforms Extending Protections To Independent Outpatient Health Care Facilities

April 12, 2023

New Mexico Governor Signs Medical Malpractice Reform Law: New Mexico Senate Bill 523, which was signed into law on April 7, 2023, amends the New Mexico Medical Malpractice Act to cap claims for independent healthcare facilities, such as urgent care, ambulatory surgical centers, and free-standing eme[...]

New Mexico Medical Malpractice Lawsuit Alleges Hospital’s Delay In Treating 12-Year-Old Led To Leg Amputation

March 8, 2023

Hospital’s Delay In Treating 12-Year-Old Led To Leg Amputation: The parents of a 12-year-old New Mexico girl has filed a New Mexico medical malpractice lawsuit against a local hospital alleging that the 10-hour delay in treating her resulted in the need to amputate her leg. The child had falle[...]

$758,000 New Mexico Nursing Home Verdict For Choking Death

February 4, 2023

$758000 Verdict For Choking Death: A New Mexico nursing home negligence jury returned its verdict in the amount of $758,000 on October 19, 2022 against the Uptown Rehabilitation Center located in Albuquerque, New Mexico, for the death of resident Peter Robinson who choked on a hot dog in 2019 after [...]

Recoverable Damages In Negligent Reproductive Health Care Cases

New Mexico $1.265 Million Late Abortion Death Settlement

July 25, 2022

The University of New Mexico Health Sciences Center (“UNMHSC”) and Southwestern Women’s Options, a private late-term abortion clinic in Albuquerque, New Mexico, have settled claims by the estate of a 23-year-old woman who died as a result of a late-term abortion performed at 24 weeks. [...]

New Mexico Appellate Court Applies Minority Tolling Of Medical Malpractice Claim To Parents’ Loss Of Consortium Claim

June 25, 2022

The Court of Appeals of the State of New Mexico (“New Mexico Appellate Court”) stated in its Opinion filed on April 18, 2022 in a New Mexico medical malpractice case involving a brachial plexus injury suffered by a baby at birth: “It is undisputed that Parents brought their loss of[...]

$2.3M New Mexico Medical Malpractice Verdict Against Troubled Oncologist

November 30, 2021

In September 2021, a New Mexico medical malpractice wrongful death jury awarded the plaintiff $2.3 million, including $1 million in punitive damages for wanton misconduct by the defendant oncologist, for the defendant allegedly using “woefully lower doses” of chemotherapy drugs than reco[...]

New Mexico Supreme Court Holds $600K Cap On Noneconomic Damages In Medical Malpractice Cases Is Constitutional

March 17, 2021

In its opinion filed on March 15, 2021, the Supreme Court of the State of New Mexico (“New Mexico Supreme Court”) stated: “This case requires us to consider whether the cap on all damages other than medical care and punitive damages under the Medical Malpractice Act (MMA), NMSA 197[...]

New Mexico Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

October 12, 2020

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 authority to sign the[...]

New Mexico Supreme Court Holds Nursing Home Arbitration Agreement Was Substantively Unconscionable

June 17, 2020

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 to arbitrate its l[...]

« 1 2 3 4 5 »

Category: New Mexico Medical Malpractice