New Mexico Medical Malpractice Archives - Page 3 of 5

New Mexico Federal Appellate Court Rules Legal Malpractice Case Arising From Medical Malpractice Case Was Filed Too Late

February 1, 2020

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 his alleged failure to timely name a de[...]

New Mexico Supreme Court Finds Statute Of Limitations Tolled As To Plaintiff’s Medical Malpractice Claim Against Hospital

December 19, 2019

In its opinion filed on December 5, 2019, the Supreme Court of the State of New Mexico (“New Mexico Supreme Court”) held, “While the MRC [New Mexico Medical Review Commission] application does not describe specific acts of malpractice directly committed by Lovelace [Lovelace Health[...]

$11M New Mexico Rehab Facility Malpractice Verdict

January 27, 2019

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 damages. The defendant skilled nursing facility held itself out [...]

Doctors’ Lawsuit Claims New Mexico’s Patient Compensation Fund Improperly Placed At Financial Risk

December 25, 2018

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 the Superintendent of Insurance. The purpose o[...]

New Mexico Medical Malpractice Lawsuit Alleges Failure To Honor DNR

December 4, 2018

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 hospital failed to abide by the terms o[...]

$74M New Mexico Medical Malpractice Birth Injury Verdict

September 18, 2018

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 of the baby in utero that resulted in [...]

New Mexico Supreme Court Establishes Rule For Application Of Statute Of Repose In Medical Malpractice Cases

December 8, 2017

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 2015) forecloses any cause of action that does [...]

12 Former Patients Sue New Mexico Psychiatrist For Malpractice, Sexual Misconduct

October 25, 2017

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 the plaintiffs were victims of sexual abuse and [...]

New Mexico Medical Malpractice Plaintiff Loses For Failure To Timely Update Expert’s Report

September 5, 2017

The United States District Court for the District of New Mexico (“New Mexico federal court”) on August 8, 2017 granted summary judgment to the New Mexico medical malpractice defendants in its Memorandum Opinion and Order that stated that the plaintiff had the burden to prove through expe[...]

New Mexico Supreme Court Extends Comity In Applying Texas Law In Medical Malpractice Case

April 15, 2017

In its opinion filed on March 13, 2017, the Supreme Court of the State of New Mexico (“New Mexico Supreme Court”) extended comity to Texas and applied Texas law to the New Mexico medical malpractice plaintiff’s claims, thereby dismissing the plaintiff’s New Mexico medical mal[...]

New Mexico Medical Malpractice Jury Finds Radiologist Negligent But His Negligence Did Not Contribute To Patient’s Death

July 8, 2016

On June 24, 2016, a New Mexico medical malpractice jury determined that the defendant radiologist breached the standard of care when he failed to recognize a cancerous tumor on a patient’s spine but the jury also determined that the radiologist’s negligence was not the cause of the 44-ye[...]

Battle Continues In New Mexico Medical Malpractice Case Filed Against Texas Surgeon

March 24, 2016

The New Mexico Supreme Court is scheduled to hear an appeal regarding a New Mexico medical malpractice case filed against a Texas surgeon involving the plaintiff’s claim that her gastric bypass surgery performed in Texas in 2004 by a Texas surgeon was performed negligently, thereby causing gas[...]

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Category: New Mexico Medical Malpractice