In New Mexico, there is an independent claim for intentional infliction of emotional distress (IIED). An IIED claim can be brought as part of another claim and/or lawsuit including personal injury, medical malpractice, defamation, slip and fall, and any other personal injury claim. It could be argued that an IIED claim could technically be brought…
New Mexico Injury Attorney Blog
Cyberbullying Lawsuits Insurance Coverage
Q: Can victims of cyberbullying seek compensation through the cyberbully’s insurance coverage? A: It depends on the insurance policy and the nature of the cyberbullying. Cyberbullying has become a national pastime over the last several years it seems. Cyberbullying can have devastating effects on the victim. These effects can be physical, emotional and reputational. It…
New Mexico Corrections Department Cannot be Trusted to Honestly Report COVID-19 Conditions
The local news and news around the state has been reporting on COVID-19 in New Mexico jails and prisons for quite some time. Much of the data provided to the press is provided by New Mexico Corrections Department (NMCD). Suffice it to say that anything NMCD regarding conditions inside its facilities is probably inaccurate, misleading…
Elements of Cyberbully Defamation Lawsuit
Cyberbullying is on the rise. In fact, it is itself pandemic in nature. There are numerous possible legal claims that could be brought in a lawsuit against a cyberbully. These include lawsuits for intentional infliction of emotional distress, violations of privacy and defamation of character. Defamation is perhaps the best bet for eventual success in…
Whistleblower Protection for At-Will Employees in New Mexico
Question: Do at-will employees have protection under the New Mexico Whistleblower Act? Not necessarily!
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…