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New Mexico Medical Malpractice Questions & Answers
0 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Mexico on
Q: Can a doctor withhold medication to get you to come in for the office visit so she can bill your HMO?

My cardiologist said I would be on eliquis for the rest of my life due to my AFib. When the pharmacy requested a refill she denied it. My primary won't refill it either because they want me to come in for the office visit so they can bill the HMO I've already had blood clots and pulmonary... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Mexico on
Q: Can I still sue my gyno for over prescribing opioids after a botched hysterectomy in 2008 causing current addiction

My gyno prescribed me way over 400 15mg Oxycodone and 10mg Hydrocodone a MONTH. Although the insurance refused to cover more than 1 Rx a month, the Dr. kept approving them to be filled and the pharmacy filled them. This continued for over a year. I became an addict because of this negligence and am... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2022

A New Mexico attorney could advise best, but your question remains open for four weeks. I'm sorry for the impact this has had on your life. Regardless of jurisdiction, there is the inescapable problem that fourteen years have elapsed, aside from other issues. You can reach out to local law... Read more »

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: Can I sue a doctor for misfeasance if the incident occurred several years ago? If so, what might the outcome look like?

I recently discovered that I have a medical condition, which had it been caught sooner would’ve resulted in a better prognosis.

Several years ago I presented to the E.R. with the same complaints that, ultimately, led my current physician to their diagnosis.

The doctor at the E.R.... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2021

A New Mexico attorney could advise best, but your question remains open for two weeks. As a general matter for med mal cases nationwide, the legal standard applied is not "misfeasance," but "breach of a duty." It would be difficult for anyone to answer your question about an... Read more »

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: here is our story can you help us? I believe we have a medical malpractice case.

We took our 14 year old daughter on June 26, 2020 to our local emergency Room Gerald Champion because she had swallowed a plastic water bottle lid our local emergency Room basically took x-rays told her she'd pass it if she hadn't already told her to take more fiber and more water and... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2020

A New Mexico attorney could advise best, but your question remains open for two weeks. I'm sorry for the ordeal your daughter and your family went through. Despite what all of you went through due to the emergency room's original diagnosis, it could be difficult to bring a case based on... Read more »

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: How far would it go in the court system.

Have been telling Dr for a week wife has preeclampsia. Last two days she been in labor. She was having contractions every 4-5 min was released with 1.5 hour drive home. Her water broke and we returned dr won’t even see her for another 8 hrs on what should be an emergency c-section. Nurse has... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2020

This is a complex scenario and you await a response for four weeks. The best thing you could do as a first step would be to contact a med mal attorney in New Mexico. Many offer free initial consults. If upon further discussion of the matter, they determine your wife has the basis for a case, they... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for New Mexico on
Q: I had 2 hernia repairs since colon cancer surgery in 2014. Now I have been diagnosed with another hernia. Can I sue?

Colon cancer surgery with complications resulting in an ostomy bag placement for 9 months. Since the removal of the ostomy bag, I have experienced 1 hernia repair and 1 hernia repair with a mesh. Recently, I have been told that I have another hernia in the same location.

Peter N. Munsing
Peter N. Munsing
answered on Feb 4, 2019

Possibly though much depends on the situation of the tissue following the cancer surgery etc.

Contact attorney James Ronca in Philadelphia. You may use my name.

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1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for New Mexico on
Q: Animal control hit my dog causing him with a serious injury. Then my dog passed away the next day. Could I sue them?

The speed limit where I live is 10mph there is no way they could’ve hit my dog that hard if they were going the speed limit.

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2018

A number of issues the biggest of which is all they owe you is the market value of your dog, not the emotional value. I don't see it, but feel free to ask other attorneys

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: I told the doctors I had sensitivities to certain medications,

but they went ahead and gave them to me -- now they've had to fix the issues caused by that -- if I'm all better now, do I still have a claim?

Peter N. Munsing
Peter N. Munsing
answered on Jul 25, 2018

Yes, though whether it's sufficient for an attorney to risk their time and money trying to prove it is different. However, the N. Mexico Assn for Justice attorneys provide free consults--look for one who is in your county, and discuss it with them.

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: Do I have a case?

I needed to go to the radiology lab for testing on my gallbladder. The hospital employee who was performing my tests asked me to walk over to the table that was a few steps away from the chair that he had me sitting in while he gave me the IV. After giving me an IV and fluid, I recall feeling a... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

Get follow up care. You may or may not have had improper care. Would suggest you contact a member of the NMex Assn for Justice that handles medical cases--they give free consults. However, medical cases are extremely expensive so at this point most attorneys would say to wait and see what the... Read more »

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: Are you supposed to report medical malpractice to any sort of government agency?
Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

"supposed to?" it isn't the responsibility to report it for anyone. There may be underlying circumstances that need to be reported depending on a state's health/hospitals reporting requirements.

1 Answer | Asked in Health Care Law, Medical Malpractice, Personal Injury and Car Accidents for New Mexico on
Q: Can I sue the NM Medical Board, State of New Mexico & other medical authorities for neglecting to address proper care?

I am permanently disabled from a motorcycle vs. drunk driver in a van in 1986, where I received multiple serious injuries and came very close to death. Leg tore to shreds, vertical fracture of my pelvis (split in half), crushed hand, broken arm. I worked hard to recover and rehabilitate, all the... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Mar 29, 2017

Short answer is no. Courts don't tell administrative agencies what to do, and it's within their discretion. However, if your problem is getting a rehab plan or similar going, you will want to contact a group that deals with pain like the cancer socieity for your state, etc.

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: A doctor totally misdiagnosed me. Can I sue him (or the hospital) for the expenses I incurred out of pocket due to that?
Peter N. Munsing
Peter N. Munsing
answered on Dec 6, 2016

Usually in a misdiagnosis you either had unnecessary (it turns out) lab work or studies. Generally you can only sue if there was no basis for the diagnosis--which is a difficult standard. If nothing bad happened to you personally other than expenses not sure any attorney would take it. To make... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for New Mexico on
Q: I had surgery on Jan 22 (appendix) on my 2nd follow-up appt. the surgeon tested my wound for infection. The hospital

The hosp confirmed MRSA on Feb 6. The dr didn't inform me until Feb. 18. My father has been changing my bandage 2 times a day, everyday. I feel this surgeon is at fault for not giving me the results for nearly 2 weeks.

Joshua Bradley
Joshua Bradley
answered on Nov 25, 2016

There are many factors in a medical malpractice lawsuit. One factor in particular would be that the negligence of the medical provider must be the cause of damages. In other words, just because there was a delay in notification of a medical condition, does not always translate to damages. If you... Read more »

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: Can an individual file and represent themselves for a Medical Malpractice law suit ?
Adam Studnicki
Adam Studnicki
answered on Nov 11, 2015

People represent themselves in lawsuits all the time but that doesn't make it a good idea. Talk to a local malpractice lawyer. The initial consultation is normally free in these types of cases.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in...
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1 Answer | Asked in Medical Malpractice for New Mexico on
Q: I had mrsa but was told it was herpes whitlow do I have a case?

I was seen in the ER here the doctor told me it was herpes whitlow and it ended up being a staph infection mrsa. He gave me meds for herpes whitlow and my hands now have eczema on them and he never cultured the sore and it turned out it was mrsa. I was treated by a different doctor for the mrsa.... Read more »

Adam Studnicki
Adam Studnicki
answered on Jul 21, 2015

A local medical malpractice can evaluate and advise. It depends on the nature and extent of your damages.

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: I live in New Mexico. My mother died due to malpractice of a physician in Georgia. Can I use a New Mexico lawyer?
Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

If a lawsuit has to be filed, it will likely have to be filed in Georgia.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Medical Malpractice for New Mexico on
Q: My mom was over medicated in the ER and nothing has been done, and it was not charted in her medical records what are my

Mom went to er with a rash and she was given to much epinephrine and it has caused her problems, we got her records from the hospital and nothing has been charted there are many witnesses to this. We want to hold the hospital responsible for their actions what are our options

Adam T. Funk
Adam T. Funk
answered on Mar 25, 2014

The next step is to contact a personal injury attorney. The attorney will look at whether you have a malpractice case against the hospital and proceed from there.

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: My mom was given to much medication in the ER and nothing was charted what are our options

We took her in due to a rash and they gave her 3 times the amount of epinephrine and the nurse who administered the med did not chart the incident, we are getting no where with the hospital. she now has trouble with shaking hands and complains that her stomache feels shakey all the time. we have... Read more »

Adam T. Funk
Adam T. Funk
answered on Mar 27, 2014

I answered a similar question above. Please see that answer.

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: I need an approximate amount of money if I give up my right for medical treatment for life. I'm 31 years old
Adam T. Funk
Adam T. Funk
answered on Mar 27, 2014

I'm not sure I understand your question. If you provide more details, perhaps I can help.

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