New Mexico Personal Injury Lawyer Blog

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.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Medical Malpractice , Nursing Home Abuse , Personal Injury News , Personal Injury Verdicts

Bookmark:

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.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Medical Malpractice

Bookmark:

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.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Medical Malpractice

Bookmark:

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.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Medical Malpractice

Bookmark:

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.

Posted by Albuquerque Injury Lawyers | Permalink | Email This Post

Posted In: Medical Malpractice

Bookmark: