New Mexico Injury Attorney Blog

Tort Reform and Medical Malpractice After COVID-19

Tort Reformers/Insurance Companies Could Care Less About Doctors and Medical Workers. Their Concern is for profits. Tort reformers have long railed against medical malpractice cases as a threat to doctors. They have done this for decades despite the total absence of any evidence. Their complaints usually go something like this: medical malpractice claims drive up…

Quick Overview of New Mexico Whistleblower Act

Let’s get right to it. The New Mexico Whistleblower Act prohibits public employers from retaliation against governmental employees for ——. The prohibitions on employer retaliation are set forth at NMSA § 10-16C-3. NMSA § 10-16C-3 The New Mexico Whistleblower Act reads as folllows: “A public employer shall not take any retaliatory action against a public…

Radiologist Incompetent to Give Medical Advice

Radiologists are getting a pretty bad rap in the news these days, and for good reason. There is one that is hell-bent on killing millions of Americans. The health, physical and economic, of our country and the world is relying on a radiologist for public health advice. This is quite odd given the fact that…

Fraudulent Concealment of Medical Malpractice in New Mexico

Missing the statute of limitations in a medical malpractice lawsuit will bar your claim with few exceptions. Fraudulent concealment is one of those exceptions. What is Fraudulent Concealment? Fraudulent concealment is the concealment of wrongdoing or negligence by a defendant so that a victim of wrongdoing or negligence misses the statute of limitations. Medical malpractice…

Hepatitis C: New Mexico and National Epidemic

One of the most pernicious and fastest-growing public health problems in the United States today is Hepatitis C, a viral infection that may be carried by people for years without the carrier being aware. New Mexico has one of the highest rates of Hepatitis C infection in the United States and the problem only promises…

Negligent Sale of Consumer Goods

The negligent sale of consumer goods would fall under the legal doctrine of negligent entrustment. Personal injury and wrongful death claims based upon negligent entrustment typically involve automobile accidents. The issue of whether negligent entrustment of consumer goods (chattel) has been less thoroughly addressed by the courts. However, it is clear that the seller of…

Statute of Limitations New Mexico Section 1983 Civil Rights Claims

The statute of limitations (SOL) is a deadline within which a lawsuit must be filed. As the acronym suggest, if you miss the SOL on your case, your lawsuit will be barred completely with very rare exception. Statute of Limitations Varies Depending Type of Case and Type of Defendant The SOL differs on various kinds…

Auto Accidents Resulting from Failure to Maintain Road

Failure to maintain roads and highways in New Mexico is not uncommon. One need only drive around the State to know that. Too often, the failure to maintain roads and highways leads to automobile accidents. Whether or not there is claim against the state, county or municipality for failure to maintain a road will depend…

Cruces Peatonales Peligrosos /Accidentes Peatonales en Nuevo México

Los Centros para el Control y Prevención de Enfermedades (CDC) encontraron que tan solo en 2017, 5977 peatones murieron en accidentes de tránsito y otros 137,000 fueron tratados en salas de emergencia. Los peatones tienen muchas más probabilidades de morir en un accidente automovilístico que cualquier persona en el vehículo. El riesgo es mayor entre…

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