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New Mexico Medical Malpractice Questions & Answers
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: 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: 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 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.

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: An attorney has filed a request with court. His papers have the wrong court no. and not my complete name. Is this accept
Adam T. Funk
Adam T. Funk answered on Mar 25, 2014

Can you provide more information? What kind of request? What court and how wrong was your name? I cannot answer your question without more information.

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: How do I find a copy of the New Mexico statute dealing with medical malpractice?
Adam T. Funk
Adam T. Funk answered on Mar 25, 2014

go to this link: http://public.nmcompcomm.us/NMPublic/gateway.dll/?f=templates&fn=default...

and search "medical malpractice"

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: Can i ask a doctor to deliver my baby as soon as 37 weeks?

I am currently pregnant and i have had nothing but problems with my doctors office. I was told at first that i was due on may 30, then June 1, and now they moved it to June 14.. I went and took another sonogram so we could get an accurate due date as the doctor was not going to look into this any... Read more »

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

I do not believe there is anything legally you can do. If the doctor does not feel comfortable doing what you request, he/she will simply not do it. I am not a medical doctor, but it sounds like you need a second opinion.

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: How do I find if a doctor has a medical malpractice suite against them before I let them do surgery on me
Adam T. Funk
Adam T. Funk answered on Mar 25, 2014

You can search online on lexisnexis.com (need a subscription); nmcourts.gov (free); or call the NM Medical Board.

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.

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