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New Mexico Legal Issues Blog

Was It Medical Malpractice?

Everyone who goes through a medical procedure of any kind hopes that it goes well. However, there are always risks. There is always the possibility of a bad outcome

A bad outcome does not necessarily mean that the doctor or any of the medical professionals involved did anything wrong. Despite the best efforts of those involved, it is still possible for a medical procedure to turn out poorly. That being said, patients always have the right to ask questions. They have the right to be told what happened and why.

Learning more about informed consent

Patients in New Mexico and throughout the country are entitled to have all the information necessary to make informed decisions about their medical treatment. Medical professionals are required to discuss alternate treatment options as well as the risks and possible prognosis after going through with a specific course of action. This information must be presented in a manner that is both detailed and easy to understand.

A patient must be deemed competent in order to give informed consent. Most adults are considered to be competent unless they suffer from a mental illness. However, children are generally not considered competent, which means that a parent or guardian must be the one to give consent. Doctors must get informed consent before embarking on any procedure that is not deemed to be an emergency. Failure to do so could result in a charge of battery or unlawful touching of a patient's body.

4 (perhaps surprising) examples of medical malpractice

You may know that medical malpractice claims often arise from incidences like surgical mistakes or unlicensed performance of procedures. While these are certainly grounds to take legal action, there are many other situations that can and often do lead to civil claims when they cause patient injury or death.

Below are four different scenarios that can spark medical malpractice or negligence lawsuits. 

What makes a driver 'reckless'?

Imagine you are driving down the highway. You are wearing your seatbelt, driving the speed limit and obeying traffic laws. Seemingly out of nowhere, you are hit by another car. In the blink of an eye, you wind up seriously injured on the side of the road.

Drivers all across Albuquerque have experienced this unfortunately common scenario, and it is one that can happen to anyone. This is because there are reckless drivers on just about every road we travel on, and they put the lives of every other motorist in danger. Following are some ways to identify reckless drivers, as well as what you can do if you are in an accident with one.

Hung Jury in Boyd Trial

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Nine jurors wanted to acquit Keith Sandy and Dominique Perez

Decision to Retry Case Rests with Next DA

Albuquerque learned how hard it is to convict police of murder, despite video evidence showing two Albuquerque police officers gunning down a homeless camper that many - including a jury foreman - believed was trying to surrender.