Category / Medical Malpractice / Personal Injury / Wrongful Death
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“Actual Notice” Under the New Mexico Tort Claims Act
Claims against New Mexico governmental entities have a number of unique rules. Among those are shorter deadlines on claims. The harshest and most frequently missed deadline is the Tort Claims Notice deadline.…
August 9, 2022 -
Whistleblower Protection for At-Will Employees in New Mexico
Question: Do at-will employees have protection under the New Mexico Whistleblower Act? Not necessarily!
November 13, 2020 -
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.…
November 1, 2020 -
Reclamaciones de Responsabilidad de Reclusos contra el Departamento Correccional de Nuevo México
Pregunta: ¿Pueden los reclusos demandar por lesiones que ocurren en las instalaciones del NMCD como resultado de la negligencia del NMCD y/o sus contratistas? Respuesta: Sí, los reclusos tienen los mismos derechos…
July 20, 2020 -
Personal Injury Claims May Arise from Breach of Warranty with Extended Statute of Limitations
The New Mexico Courts have found that personal injury claims can be based upon a breach of warranty giving rise to an a longer statute of limitations. In Badilla v. Walmart, a…
November 30, 2015 -
Early Detection of Breast Cancer & VA Hospital Delays, Negligence and Deliberate Neglect
Early detection is key to breast cancer survival. With early detection, the survival rate is close to 90%. Delays in detection can be deadly. How does this play out within the VA…
August 27, 2015 -
House Passes Bill to Protect Medical Malpractice Insurers on Backs of Innocent Patients
A bill passed through the U.S. House of Representatives last month. H.R. 1470’s stated purpose is: “To amend title XVIII of the Social Security Act to repeal the Medicare sustainable growth rate and…
April 15, 2015 -
Potential Excessive Force Claims Against the Albuquerque Police – State Law Claims
The recent Department of Justice report on the Albuquerque Police Department’s pattern of excessive and unjustified force has raised many issues. One issue that has been ongoing for quite some time and…
April 14, 2014 -
Statute of Limitations on Personal Injury Cases Involving Children
The statute of limitations on New Mexico personal injury cases involving children is quite a bit different than for adults. They also differ depending upon the nature of the defendant and the…
April 1, 2014 -
Filing Requirements on Medical Malpractice Claims Against the VA
Medical errors leading to serious injury or death are far too common in the U.S. In fact, death by preventable medical error is the third leading cause of death in the U.S.…
March 13, 2014