Negligence

Negligent to Sell Gasoline to Drunk Drivers in New Mexico

Question: Does a gas station have a duty of care to third parties to refrain from selling gas to obviously intoxicated drivers? Answer: In New Mexico, they now do under the recent New Mexico Supreme Court case of Morris v. Giant Four Corners, Inc. Facts of Case Basically, two intoxicated patrons entered a Tribal gas…

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…

Negligence Per Se in New Mexico Auto Accidents

Negligence in an auto accident may be based on the violation of ordinary care. Ordinary care has a bit of a circular definition which the care that an ordinary driver would use in similar circumstances and conditions. Ordinary care is always an issue in negligence cases whether auto related or other types of cases as…

Medical Malpractice Claims May Involve “Ordinary Negligence” in New Mexico

Failure to detect medical conditions is a common and often a preventable medical error that can lead to disastrous consequences including wrongful death of the patient. This was the case in the recent New Mexico Court of Appeals case of Richter v. Presbyterian Healthcare.  In this case, the failure was the result of a failure to…

Independent Intervening Cause/Medical Malpractice in a New Mexico Personal Injury Claim

The issue of independent intervening cause can cause significant confusion in a personal injury claim. However, in New Mexico at least, what might seem to be an independent intervening cause may not necessarily relieve the initial negligent party from liability. A helpful place to start is with the New Mexico Jury Instruction 13-306 on Independent…

The High Costs of Medical Errors on the Healthcare System

Advocates for “tort reform” legislation frequently point to financial savings as a reason to enact rules which limit the legal rights of those hurt by medical negligence. However, actual analysis of these laws invariably leads to the same conclusion: healthcare costs do not decrease following enactment of tort reform legislation. Not only that, but focus…

New Mexico Statute of Limitations & Exceptions — Time is Always of the Essence!

There are a number of important deadlines in personal injury lawsuits. The first and perhaps most important is the statute of limitations. Missing this deadline will bar your claim completely. Statutes of limitation are laws placing specific time limits on when an individual can file a lawsuit. Different time restrictions apply depending on the legal…

Nursing Home Mandatory Arbitration Provisions – Sign at Your Peril!

A U.S. Supreme Court ruling earlier this year regarding mandatory arbitration provisions in nursing home contracts will most likely overrule an earlier New Mexico case that represented a victory, albeit a small one, for individuals injured in a nursing home. In general, nursing home admission documents contain mandatory arbitration clauses, under which patients give up…

Disclosing Pre-Existing Conditions and Injuries in a Personal Injury Case

In New Mexico, if you suffer an injury in an accident that is due to someone else‘s negligence, you can recover damages for your injuries from the defendant or the defendant‘s insurance company. A plaintiff can recover damages to reimburse the plaintiff for medical expenses, lost wages, pain and suffering and other damages associated with…

Nursing Home Abuse and Medication Issues

The last thing that a person wants to worry about when they admit a loved one into a nursing home is the possibility of abuse through medication. There are several types of nursing home abuse that involve medication, and it is important to be aware of them to be able to identify and stop this…

Albuquerque Personal Injury Attorneys