New Mexico Medical Malpractice Questions & Answers
Q: I had 2 hernia repairs since colon cancer surgery in 2014. Now I have been diagnosed with another hernia. Can I sue?
1 Answer
| Asked
in
Medical Malpractice and Personal Injury
for
New Mexico
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter N. Munsing's answer
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.
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.
Q: Animal control hit my dog causing him with a serious injury. Then my dog passed away the next day. Could I sue them?
1 Answer
| Asked
in
Animal / Dog Law, Medical Malpractice and Wrongful Death
for
New Mexico
on
Answered on Sep 11, 2018
Answered on Sep 11, 2018
Peter N. Munsing's answer
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
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
Q: I told the doctors I had sensitivities to certain medications,
Peter N. Munsing's answer
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.
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.
Q: Do I have a case?
Peter N. Munsing's answer
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 fallout is.
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 fallout is.
Q: Are you supposed to report medical malpractice to any sort of government agency?
Peter N. Munsing's answer
"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.
"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.
Q: Can I sue the NM Medical Board, State of New Mexico & other medical authorities for neglecting to address proper care?
1 Answer
| Asked
in
Health Care Law, Medical Malpractice, Personal Injury and Car Accidents
for
New Mexico
on
Answered on Mar 29, 2017
Answered on Mar 29, 2017
Peter N. Munsing's answer
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.
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.
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's answer
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 sure though why not consult a member of the New Mex. Trial Lawyers Assn & Fndn--they give free consultations.
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 sure though why not consult a member of the New Mex. Trial Lawyers Assn & Fndn--they give free consultations.
Q: I had surgery on Jan 22 (appendix) on my 2nd follow-up appt. the surgeon tested my wound for infection. The hospital
1 Answer
| Asked
in
Health Care Law and Medical Malpractice
for
New Mexico
on
Answered on Nov 25, 2016
Answered on Nov 25, 2016
Joshua Bradley's answer
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 feel there were damages due to the delay, it is important to contact a personal injury attorney as there are time limitations on when you can bring a lawsuit.
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 feel there were damages due to the delay, it is important to contact a personal injury attorney as there are time limitations on when you can bring a lawsuit.
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's answer
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 impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice...
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 impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice...
Q: Can an individual file and represent themselves for a Medical Malpractice law suit ?
Adam Studnicki's answer
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 writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and...
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 writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and...
Q: I had mrsa but was told it was herpes whitlow do I have a case?
Adam Studnicki's answer
A local medical malpractice can evaluate and advise. It depends on the nature and extent of your damages.
A local medical malpractice can evaluate and advise. It depends on the nature and extent of your damages.
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's answer
I'm not sure I understand your question. If you provide more details, perhaps I can help.
I'm not sure I understand your question. If you provide more details, perhaps I can help.
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's answer
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.
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.
Q: How do I find a copy of the New Mexico statute dealing with medical malpractice?
Adam T. Funk's answer
go to this link: http://public.nmcompcomm.us/NMPublic/gateway.dll/?f=templates&fn=default...
and search "medical malpractice"
go to this link: http://public.nmcompcomm.us/NMPublic/gateway.dll/?f=templates&fn=default...
and search "medical malpractice"
Q: Can i ask a doctor to deliver my baby as soon as 37 weeks?
Adam T. Funk's answer
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.
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.
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's answer
You can search online on lexisnexis.com (need a subscription); nmcourts.gov (free); or call the NM Medical Board.
You can search online on lexisnexis.com (need a subscription); nmcourts.gov (free); or call the NM Medical Board.
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
Adam T. Funk's answer
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.
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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