New Mexico Personal Injury Lawyer Blog

According to police in Santa Fe, a number of area residents were recently victimized by a man who was practicing dentistry without a license and out of his car. In April, 36-year-old Eliver Kestler was charged with conspiracy to practice dentistry without a license, practicing dentistry without a license, and distributing a controlled substance. Following his arrest, Santa Fe police reportedly found dentures and dirty dental tools in the man's vehicle.

Kestler is accused of charging a 45-year-old woman $400 to extract four teeth in January. Following the extraction, the woman allegedly contracted a severe infection. In addition, she claims Kestler failed to return with replacement teeth as he apparently promised. As a result, she purportedly filed a complaint with the Santa Fe Police Department. Since the woman filed her police report, at least five additional victims have allegedly come forward.

A representative for the New Mexico Dental Association stated patients are often placed at risk when an individual chooses to practice dentistry without a license. For example, infection, hepatitis, and HIV control measures are rarely utilized by such individuals. In addition, the Dental Association stated patients may receive inadequate dental care. The organization has advised all dental patients to ensure that anyone who provides them with dental care is licensed by the appropriate authorities.

Although the man accused in this case was not actually licensed to practice dentistry, a license in and of itself does not necessarily mean a dental or other patient will receive proper care. In New Mexico, medical malpractice can result whenever a health care provider such as a physician or dentist does not adhere to a reasonable standard of care and a patient suffers injury. Regrettably, medical malpractice cases that arise in New Mexico may be tough to prove. Whether your doctor or other medical provider is a member of the New Mexico Patient Compensation Fund can affect your ability to recover for your harm following a medical professional's negligence. If you were injured by a doctor, dentist, nurse, pharmacist, or another person who was tasked with providing your health care, you are advised to contact a quality New Mexico medical malpractice attorney as soon as you are able.

Continue reading "Santa Fe Man Arrested for Allegedly Injuring Patients While Practicing Dentistry Without a License " »

The State of New Mexico may be on the hook for up to $120 million in connection with a potential class action lawsuit against the University of New Mexico Hospital and a former child cancer specialist, Dr. Marilyn Duncan. The 101 medical malpractice lawsuits reportedly arose in 1998 after university hospital officials disclosed that many pediatric oncology patients were likely not provided with the newest or most effective treatment for acute lymphoblastic leukemia during a seven-year period. Plaintiffs also allege the hospital dissuaded them from obtaining a second opinion regarding their child’s medical care.

The University of New Mexico Hospital is a self-insured institution which means that taxpayers throughout the state foot the bill for any potential medical malpractice liability. Although New Mexico has paid about $45 million in settlements to 118 families since the disclosure, a new actuarial study allegedly found that the potential class action lawsuit was likely to have an unfavorable outcome for the hospital. A previous study estimated the state’s remaining potential liability at less than $20 million. Still, State General Services Department Secretary Ed Burckle claims no additional funds are expected to be requested from the New Mexico Legislature in the next term.

In New Mexico, tort claims such as medical negligence are subject to a damages cap. Burckle stated the new projected liability for the potential class action lawsuit was based upon a maximum possible award per outstanding claim. Although the medical malpractice lawsuits were filed in 2001, a class certification hearing is scheduled to be held in 2013 in Albuquerque. Thus far, not one of the malpractice lawsuits filed has made it to trial. Still, Dr. Duncan retired from the hospital in 1998 and later surrendered her medical license in New Mexico.

Medical malpractice occurs when a health care professional fails to treat each patient pursuant to the prevailing standard of care and the patient is injured as a result. Medical negligence may arise from a medical provider’s failure to take a medically necessary or appropriate action in addition to his or her intentional or unintentional act. Malpractice may occur when a hospital, doctor, pharmacy, nurse, dentist, or other medical provider fails to offer appropriate treatment, improperly diagnoses a disease, or unreasonably delays medical treatment. If you were injured or a loved one was killed by the negligent act or omission of a health care provider in New Mexico, you may be entitled to receive monetary damages. Because the amount of time during which you have to file your medical negligence claim is limited, you are advised to contact a qualified personal injury attorney as soon as you are able.

Continue reading "Study Finds State of New Mexico May be Liable for $120 Million in Albuquerque Medical Malpractice Case " »

The mother of a man who hanged himself two years ago has filed a New Mexico wrongful death lawsuit against two Santa Fe mental health professionals who reportedly cared for him prior to his death. According to his mother’s lawsuit, 24-year-old Dylan Ravenfox sought treatment from psychiatrist Dr. George Greer and licensed psychologist Robert Weisz for depression and suicidal thoughts in July 2010. Dylan committed suicide on August 7, 2010.

Pleadings filed by Caroline Ravenfox in a New Mexico District Court allege her son Dylan visited with Weisz five times in the month immediately preceding his death. Caroline claims she alerted Weisz that she was worried about her son’s well-being and that Dylan had placed a belt around his neck at one point. According to Caroline, Weisz told her he was unaware Dylan was suicidal. In her lawsuit, Caroline alleges Weisz ignored signs that Dylan’s mental health was quickly deteriorating and made no attempt to intervene or treat the young man. She also alleges the psychologist breached his duty of care by failing to refer Dylan for additional mental health treatment.

The lawsuit also alleges Dr. Greer committed medical negligence by failing to schedule a follow-up appointment with Dylan within an appropriate time-frame. Dr. Greer reportedly prescribed a number of anti-depressants and other drugs to Dylan and only increased the dosage after the young man allegedly told the psychiatrist he was thinking of jumping off of a bridge. According to Caroline, Dr. Greer should have visited with Dylan more frequently and erroneously stated the young man’s mental state had improved considerably prior to his suicide.

In the lawsuit, Caroline has asked the New Mexico court to award her unspecified damages. According to Dylan’s mother, the two mental health professionals failed to notice a number of signs that her son was likely to take his own life and failed to properly treat him.

Medical malpractice can result whenever a health care provider in New Mexico does not adhere to a reasonable standard of care and a patient is hurt. Unfortunately, medical malpractice cases in our state can be tough to prove. Whether your medical provider is a member of the New Mexico Patient Compensation Fund can also have an effect your ability to recover for medical malpractice. If you were hurt by a doctor, nurse, pharmacist, dentist, or another individual who was tasked with providing your health care, you should contact an experienced New Mexico medical malpractice lawyer as soon as you are able.

Continue reading "Wrongful Death Case Filed Against Two Santa Fe Mental Health Professionals " »

A medical malpractice case against Christus St. Vincent Regional Medical Center is currently under way in Santa Fe. Testimony regarding the May 2008 back surgery performed on Matt McCann began on Tuesday. 35-year-old McCann and his former wife, Stephanie, filed a lawsuit against the hospital in December 2010 alleging Matt sustained internal bleeding as a result of a physician’s error. According to the lawsuit, Dr. Hal Hankinson negligently cut too deeply when he removed a herniated disc from McCann’s back. The cut allegedly resulted in damage to two of McCann’s arteries which required emergency surgery as well as two additional surgeries. McCann reportedly bled internally for 36 hours and suffered a cardiac arrest before the alleged medical error was discovered.

In his lawsuit, McCann alleges he sustained a neurological injury that has placed him at risk for additional complications in the future. The injury also reportedly strained McCann’s relationship with his wife and ultimately led to the couple’s divorce. Prior to commencement of testimony, District Court Judge Sarah Singleton issued an order granting the injured patient and his now ex-wife summary judgment against Dr. Hankinson, finding that the physician was negligent when he performed McCann’s back surgery and also caused the injuries to McCann’s arteries. The jury in the case will be tasked with determining the level of damages Mc0Cann suffered as a result of the physician’s negligence. Additionally, the jury must determine whether the actions of Christus St. Vincent Regional Medical Center’s employees during and immediately following McCann’s surgery demonstrated “corporate disregard” for patient safety. If the jury answers that question in the affirmative, punitive damages may be awarded to the McCanns.

Christus St. Vincent Regional Medical Center has reportedly preserved its right to appeal Judge Singleton’s ruling regarding Dr. Hankinson’s negligence in performing the surgery. According to the hospital, the blame for McCann’s injuries should rest solely on the surgeon. Christus St. Vincent Regional Medical Center has maintained that none of McCann’s injuries resulted from the negligence of its employees or his treatment following the initial surgery.

Medical malpractice occurs whenever a health care professional fails to adhere to a reasonable standard of care and a patient is injured. In the State of New Mexico, medical malpractice cases are often difficult to prove. In addition, whether or not your health care provider is a member of the New Mexico Patient Compensation Fund can have an effect on your ability to file a malpractice claim. If you were hurt by a doctor, nurse, physician’s assistant, dentist, pharmacist, or someone else tasked with providing medical care, you should contact an experienced medical malpractice lawyer.

Continue reading "Testimony Begins in Medical Malpractice Case Against Santa Fe Hospital " »

A doctor whose license to practice medicine was temporarily suspended in another state is reportedly working at an Albuquerque hospital. Dr. Frank Allen Zimba was hired by the local Veterans Affairs (VA) hospital last summer despite that disciplinary proceedings were ongoing against him in the State of Oklahoma. The 57-year-old board certified neurological surgeon was accused of operating on the wrong side of an Oklahoma patient’s spine prior to joining the VA hospital staff. He was also accused of committing the same error on two different patients several years previously in New York. As a result of the alleged botched operation, Dr. Zimba’s license to practice medicine was suspended in Oklahoma for six months.

Although it is unknown whether Dr. Zimba has made similar errors at the VA hospital, the New Mexico Medical Board cannot investigate his performance. Under federal law, because Dr. Zimba works at a VA hospital he is only required to hold a medical license in one of the nation’s 50 states. He is currently licensed in Michigan, Pennsylvania, Oklahoma, and New York. Consequently, although most of the 7,500 doctors in New Mexico are subject to state review, Dr. Zimba was able to practice medicine in Albuquerque throughout his suspension.

According to New Mexico Medical Board spokesperson J.J. Walker, any malpractice complaints regarding a VA doctor would need to be filed in a state where the physician is licensed. Oklahoma Assistant Attorney General Libby Scott stated the Oklahoma Board of Medical Licensure and Supervision would likely refuse to investigate a complaint made by a resident of another state because the Board was created to protect the health and safety of state residents. If the same is true for other states, such a system could potentially leave some injured VA hospital patients feeling as if they fell through the cracks.

The Albuquerque VA hospital spokesperson, Sonja Brown, stated hospital supervisors are tasked with investigating and reporting any substantiated patient complaints. Additionally, she said federal law requires the hospital to report any doctor who significantly fails to provide an acceptable level of patient care to the medical board of any state in which the physician is licensed. According to Walker, no one at the New Mexico Medical Board can recall ever receiving such a complaint from any VA hospital.

Following two of his three alleged surgery mistakes, Dr. Zimba reportedly failed to notify the patients regarding the errors. The other patient is currently suing Dr. Zimba for injuries he allegedly suffered as a result of the physician’s purported negligence. The physician’s Oklahoma license is up for renewal this fall.

Medical malpractice may occur any time a health care provider fails to adhere to a reasonable standard of care and injury to a patient results. In New Mexico, medical malpractice cases can be difficult to prove. Additionally, whether your health care provider is a member of the New Mexico Patient Compensation Fund can affect your ability to file a claim. If you were hurt by a physician, nurse, pharmacist, dentist, or someone else tasked with your care, you need a skilled attorney on your side.

Continue reading "Albuquerque Veterans Affairs Hospital Physicians Not Always Subject to New Mexico Medical Board Review " »

Prescription medication injuries and death are often times related to inappropriate medications being given or, appropriate medications being given with inappropriate dosages. However, there are also many New Mexico medication injuries caused not by inappropriate prescriptions, but rather the way in which the prescriptions are filled by a pharmacy.

It is not difficult to understand how these cases can arise. A doctor, while visiting with the patient, may order numerous prescriptions for the patient to fill. As is common, these prescription orders are often scratched into the paper and with an illegible series of symbols. It is then up to the pharmacist to correctly interpret a prescription and fill it in the way it was intended.

There are many ways in which a pharmacist or technician can fill a prescription inappropriately. Whether the medication is misread, or mistakes are made regarding strength of the medication, dosage, and frequency of use, the results can be devastating to the unsuspecting patient.

Our New Mexico prescription error lawyers have seen numerous such cases and are aware that often times it is crucial to compare the physician orders with the pharmacy records. Typically any such inconsistencies will result in a possible case against the pharmacist and his or her employer.

New Mexico hospitals are where you want to be when injured or sick, however, they are also capable not of helping heal you, but rather causing an infection. Many infections, are called a risk-of-the-procedure, meaning there may be no legal basis to pursue a case. However, some hospital infections are different an entirely preventable.

Considering such hospital infections are a top 10 cause of death in America, preventing future infections is a true development in medicine. By the same token, it means that infections should no longer be the risks they used to be and that hospital infections should no longer benefit for legal loopholes as they have in the past.

The New Mexico Health Department has recently joined a movement to track infections with a goal of minimizing patient risks. Simultaneously, a recent advisory committee is recommending New Mexico Hospitals be required to report infection rates. Local hospitals that have expressed a level of participation in the movement include: University of New Mexico Hospital in Albuquerque, as well as Lovelace in Albuquerque and Rio Rancho.

Albuquerque medical malpractice verdicts are hard to come by. Heck, New Mexico medical malpractice lawyers will tell anyone that these case are some of the most hardly fought for anywhere in New Mexico. It is because of this that a recent New Mexico Court of Appeals decision is rippling through the state.

A while ago there was a large multi-million dollar jury verdict that was awarded in a New Mexico nursing home abuse case. The decision set various records and sent a strong message to New Mexico nursing homes on how that had to treat their patients. The case was reversed on what some may consider a legal technicality, while other may recognize as a material issue. As a result of the appellate court's ruling, the massive verdict has disappeared like a David Copperfield assistant.

The claim was based on part on the trial court's ruling that the nursing facility, under a legal theory of agency, was responsible for the conduct of the nursing home staff. Rather than present this particular issue to a jury, the trial judge decided that it was essentially an issue of law rather than fact. Unfortunately, the New Mexico Court of Appeals thinks differently and has ruled that the jury should have been allowed to decide if the New Mexico nursing home was responsible for the conduct of every staff member. As a result of the decision, the multi-million dollar verdict is gone, and the case is back to where it was years ago.

As cerebral palsy lawyer's, we often monitor verdicts throughout the country to stay informed of any jury trends. Such focus brought our attention to Pennsylvania when a child and his family was recently awarded $20.5 million in a cerebral palsy lawsuit. Although the trial lasted for over two weeks, the jury deliberated for just four hours before reading the verdict.

The cerebral palsy case arose from the nature in which the child's birth was handled in 2001. Essentially, the claim involved the mother who arrived at the hospital and the fetal monitor showed clear signs of distress. Although the hospital called the doctor, it took the doctor roughly 2 hours to arrive. In cerebral palsy lawsuits, this delay is crucial as it results in deprivation of oxygen and loss of brain function. By the time the doctor did arrive the child's brain had been damaged and at birth he was born with cerebral palsy, mental retardation, and blindness.

As result of the inadequate care during childbirth, the child is now require constant medical care and will never be able to walk. The verdict itself is without a doubt a large one, however, it is important to note that in cerebral palsy cases large portions of the verdicts are used for basic and essential needs which are incredibly expensive.

A new study by the March of Dimes rated all 50 states for frequency of premature deliveries. This study brings to light the the fact that premature births can be a cause of Cerebral Palsy, and highlights that there may be certain things that can be done to prevent it. The study gave New Mexico a "D" grade with respect to premature births. However, that was the average grade across the nation.

There are numerous causes of New Mexico Cerebral Palsy and I truly do not intend to suggest that all New Mexico Cerebral Palsy births are preventable. However, studies have in fact shown that many are. Instead, a major contributing factor to the high incidents of New Mexico Cerebral Palsy is complications that arise during prenatal care, as well as delivery. Many of these complications may be preventable. Damages recovered in Cerebral Palsy claims in New Mexico can often times be used to assist the child with special needs costs long into their lives.

A recent story about a young man diagnosed with cerebral palsy since birth is helping many families maintain hope and cope with New Mexico cerebral palsy & Erb's palsy diagnoses. The story details the journey taken after the cerebral palsy diagnoses. Written off by his doctors and told he would never walk, Gregory, did not give up and taught himself to not only walk, but golf.

Although professional golf dreams were out of reach, he said a far more meaningful one of being able to walk every hole of the PGA Tour. He is set to walk his final hole in the near future which translates to roughly 1000 miles. While Gregory's situation is exceptional, it is the product of both his perseverance as well as medical assistance. As a child he underwent numerous surgeries to minimize the effects of cerebral palsy.

As a New Mexico cerebral palsy and Erbs palsy attorney, this story highlighted the positive aspects that could come from unfortunate situations. As noted in the article, the medical care Gregory received was detailed and costly. Although no New Mexico cerebral palsy or Erb's palsy litigation can reverse the diagnosis, the proceeds can nonetheless be used for needed treatment, and the pursuit of meaningful dreams.

The New Mexico court of appeals just made its mark on New Mexico medical malpractice cases. The recent decision will likely affect medical malpractice cases in Albuquerque, Las Vegas, Gallup and the rest of New Mexico.

The case involved a 21 year old New Mexico man who was riding on a medical rescue helicopter as part of a hospital training exercise. A fatal accident reportedly occurred as a result of the pilot's negligence and hot dogging. The 21 year old died as a result of the accident and his family brought a New Mexico wrongful death claim against the hospital, Eastern New Mexico Medical Center.

A complicated record resulted in two jury verdicts and a recent Court of Appeals decision regarding the duty for a hospital to inquire as to the safety of its helicopter pilots. The defense contended that it was sufficient to rely solely on the helicopter pilot's FAA approval without doing an adequate safety investigation. The New Mexico court found otherwise and held that the hospital was required to perform a safety investigation of the operator.

The case is interesting in that it may be available for future New Mexico medical malpractice and negligence cases, and may pave the way for broader New Mexico negligent hiring cases. The decision may go further to holding New Mexico hospitals accountable for the negligent conduct of their employees, whether they be contracted pilots, nurses, surgeons, or therapists. It is the New Mexico public that will benefit the most if hospitals are required to look a little closer and whoever they choose to conduct business with.