Category / Medical Malpractice / Personal Injury
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Failure to Disclose Medical Conditions to Patient: There is Jury Instruction for That!
There are many times when we go to the doctor to address one issue, and it turns out there other medical issues involved as well. Most doctors would point these other issues…
January 30, 2014 -
DIY Tort Claims Notice in New Mexico
The New Mexico Tort Claims Act covers all personal injury and wrongful death lawsuits against state, county, and local governments. This includes all governmentally run entities, which covers a very broad spectrum…
October 24, 2013 -
Lien Negotiation in a Personal Injury Case
Personal injury cases often involve significant medical expense. Along with those expenses come medical liens on any proceeds from a personal injury settlement. These liens will need to be addressed prior to…
October 2, 2013 -
Premise of New Mexico Medical Malpractice Act is Flawed Yet Now Expanded
The New Mexico Medical Malpractice Act provides enormous protections to qualified medical providers. It also creates a number of burdens and hurdles for patients who are injured or killed as a result…
September 20, 2013 -
Protection of Sensitive Health Records in a Personal Injury Case
How can you protect sensitive health records? The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your sensitive health records. This protection comes into play in most every personal…
September 11, 2013 -
Social Media in the Personal Injury Discovery Process
Few recent technological advancements have affected the legal process the way that social media has. Social media is often a gold mine of information on the parties to a lawsuit. Though the…
May 13, 2013 -
Regarding Statute of Limitations Issues in New Mexico, a Rose is a Rose…
The recent New Mexico Court of Appeals case of Badilla v. Walmart addressed the appropriate statute of limitations to apply to a personal injury case where the case is brought under a…
February 20, 2013 -
Reexamined Duty of Care in New Mexico Personal Injury Lawsuits
One of the many considerations in a personal injury lawsuit is whether the defendant owed a duty of care to those that are injured. A duty of care is a requirement that…
October 29, 2012 -
Parent Liability for the Negligence of a Child in New Mexico
A question that we get often is whether a parent can be liable for damages caused by the actions of his or her child. The answer is yes, a parent can be…
October 27, 2012 -
Patient Advice of Risks and Consent Will Not Bar New Mexico Medical Malpractice Claims
When a patient goes in for a medical procedure, he or she is handed numerous documents that must be signed prior to the procedure. These include a variety of disclaimers and warnings…
October 18, 2012