Fine Law Firm
Fine Law Firm
  • Home
  • About the Firm
    • Firm Overview
    • Meet Our Attorneys
    • Common Questions & Answers
    • Blog
    • Videos
  • Practice Areas
    • Vehicle Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Workplace Accidents
    • Truck Accidents
    • Wrongful Death
    • View All+
  • Locations
    • Alamogordo
    • Carlsbad
    • Clovis
    • Farmington
    • Gallup
    • Hobbs
    • Las Cruces
    • Rio Rancho
    • Roswell
    • Santa Fe
  • Results
    • Case Results
    • Testimonials
  • Compare Our Fees
  • Contact Us
24/7 AvailabilityFree Consultation Hablamos Español
Contact Us Hablamos español (505) 889-3463

At Fine Law Firm,
Your Case is Personal

Free Consultation

New Mexico Supreme Court Reverses the Court of Appeals and Allows Plaintiff’s Vicarious-Liability Claim to Proceed to Trial

Free Consultation
October 27, 2014 | Posted in Firm News, Medical Malpractice, New Mexico Laws, Personal Injury Verdicts

In a decision released in September, the New Mexico Supreme Court reversed a state Court of Appeals decision affirming the dismissal of a plaintiff’s medical malpractice claim against a hospital resulting from the death of a patient. The plaintiff’s lawsuit, filed on behalf of the deceased patient, claims that a radiologist employed by the defendant hospital failed to communicate the results of a radiology report to the patient’s doctor, preventing the patient from being diagnosed with the colon cancer that later took his life.

This appeal focuses on the plaintiff’s claim against the hospital where he was treated. The radiologist who allegedly failed to send the report to the man’s doctor was a contract employee of the defendant hospital, but he wasn’t directly employed by them. The district court made the decision, which was affirmed by the court of appeals, that the plaintiff failed to properly allege that the hospital was vicariously liable for the negligence of the radiologist.

The court ruled that the plaintiff’s complaint failed to put the hospital on notice that it was being sued for the mistakes made by the radiologist, and it was therefore dismissed.

The Supreme Court of New Mexico analyzed the requirements for pleading vicarious liability under New Mexico law, and it found that the lower courts had erred in allowing the claim against the hospital to be dismissed. Whether the plaintiff’s complaint used the phrase “vicarious liability” or not, the court reasoned that the very nature of medical care dictates that a hospital providing health services should be responsible for the actions of professionals providing such care.

The Court found the plaintiff’s allegation in the complaint that his cancer was not diagnosed or treated, “as a consequence of the apparent failure by [the hospital] through an administrative inadequacy,” gave the hospital adequate notice of the plaintiff’s claim, and it remanded the case back to the district court for a trial.

What this Holding Means
As a result of this ruling, this plaintiff will have his day in court and could be compensated for the harm that was caused by the alleged mistakes made by the radiologist and the hospital.

Unfortunately, not all deserving plaintiffs have the capability to appeal a district court decision to the New Mexico Court of Appeals and then appeal that decision to the New Mexico Supreme Court in order to have their claims fairly addressed by a court. The simple truth is that in New Mexico negligence cases, the district courts can make legal mistakes, and plaintiffs who deserve a trial often get their cases dismissed and can’t afford an appeal.

Do You Need an Experienced Attorney?

If you believe that you or a loved one has been the victim of medical negligence or malpractice, the New Mexico personal injury attorneys at The Fine Law Firm want to help you handle your case. We will do all we can to get your claims properly prepared from the start, so that the state court will allow your case to proceed to trial if necessary. At the Fine Law Firm, we handle all types of injury and negligence cases, including medical malpractice claims. Schedule a free consultation today by calling (585) 889-3463, or contact us through our website and get started toward receiving the compensation that you deserve.

More Blog Posts:

Number of Pedestrian Deaths in Albuquerque Hits Yearly Average with More than Three Months Remaining in 2014, New Mexico Truck Accident Lawyer Blog, September 12, 2014.

Federal Officials Confirm Breach in Safety Protocol Resulted in First Transmission of Ebola Virus within United States, New Mexico Truck Accident Lawyer Blog, October 13, 2014

Request FREE
Consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.

Recent Posts

  • Fine Law Firm Requests Investigation Into Gustavo Gomez’s IAFD Tenure
  • Albuquerque’s Toxic Police Subculture
  • Filing an Amazon Accident Claim
  • Evidence You Need for Your E-Scooter Accident Claim
  • Do You Need Insurance Coverage to Ride an E-Scooter in New Mexico?

Categories

  • Aggressive Driving
  • Auto Accidents
  • Bicycle Accidents
  • Bike & Pedestrian Accidents
  • Brain Injury
  • Burn Injury
  • Bus Accidents
  • Car Accidents
  • Catastrophic Injury
  • Construction Accidents
  • Dog Bite
  • Drunk Driving
  • E-Scooter Accidents
  • Firm News
  • Government Liability
  • Insurance Companies
  • Legal Research
  • Legal Terminology
  • Medical Malpractice
  • Motorcycle Accidents
  • New Mexico Laws
  • Nursing Home Abuse
  • Oddities
  • Pedestrian Accidents
  • Personal Injury
  • Personal Injury FAQs
  • Personal Injury News
  • Personal Injury Verdicts
  • Police Brutality
  • Premises Liability
  • Product Liability
  • Relevant Personal Injury Case Law
  • Rideshare Accident
  • Slip & Fall
  • Spinal Injuries
  • Sporting Injuries
  • Traumatic Brain Injury
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorist
  • Work Place Injury
  • Wrongful Death

Archives

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
Risk-free guarantee

Contact us for your free consultation

Risk-free guarantee

Contact us for your free consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.
This field is for validation purposes and should be left unchanged.

Faqs
In selecting injury attorneys, the client should consider the following questions:

Do the attorneys have a history of winning cases like mine?

Do I trust the attorneys to act in my best interest rather than their own?

How do the attorneys’ fees compare with others?

View more faq’s
Fine Law Firm
Hablamos Español
Contact Us Hablamos español (505) 889-3463
Fax (505) 242-2716
Our Office Locations
Our Albuquerque Office
220 9th St NW
Albuquerque,
NM 87102
Get Directions

Copyright © 2025 by Fine Law Firm

  • Disclaimer
  • Privacy Policy