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The Court of Appeals of New Mexico has held that an emergency room doctor is qualified to testify as an expert in a medical malpractice lawsuit. In Quintana v. Acosta, a diabetic man, Richard Quintana, was treated by Dr. Steven Acosta at a Lovington hospital emergency room for a puncture wound to his left…

In Richter v. Presbyterian Healthcare Services, the Court of Appeals of New Mexico addressed the distinction between ordinary negligence and medical malpractice. In the wrongful death case, Ms. Richter was treated at Presbyterian Healthcare Services (PHS) for cardiac symptoms in 2001. Her doctor ordered related testing for what he suspected was an undiagnosed pheochromocytoma….

The New Mexico Supreme Court has ruled in three separate cases that businesses formed by physicians are subject to the same medical malpractice caps as individual doctors. According to the high court, professional corporations and limited liability companies established for business or tax purposes meet the definition of a health care provider under the…

A New Mexico judge has issued an order for a third trial in connection with a medical negligence lawsuit that was filed in 2009 against a Santa Fe hospital. According to the wrongful death complaint, the father of a 20-year-old woman who died after she was released from the Christus St. Vincent Regional Medical…

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….

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…

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…

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 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…

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…