The Jaffe Law Firm
Albuquerque, New Mexico Lawyer Advertisement
(505) 242-9311 (877) 67-JAFFE(52333)

Albuquerque Personal Injury Law Blog

New Mexico nursing home charged with multiple offenses

While families always have the best of intention when making the decision to move a family member into a nursing home, unfortunately, there are still situations of nursing home abuse throughout the United States, including New Mexico. Families of loved ones who enter into nursing homes expect a reasonable standard of care.

While this is met more often than not, there still are many instances in New Mexico and throughout the United States of nursing home neglect and abuse, evident by a current battle in court.

What is a "teratogen" and how does it relate to birth injuries?

New Mexico residents are likely aware that there are certain things expecting mothers should not do while pregnant. Smoking cigarettes, drinking excessive amounts of alcohol and using illegal drugs all contribute to problems with a pregnancy and birth. Nonetheless, there may be circumstances where an expecting mother may not be able to prevent a birth injury.

In the medical and scientific communities, "teratogen" is the word for any substance that interferes with the normal development of an embryo. It is anything that might cause a birth defect or create a situation, such as premature delivery, that could lead to a higher risk of a birth injury. Teratogens can come in many forms, from biological abnormalities in uterine shape to infections, to drugs or other chemical substances.

What victims in New Mexico bicycle accidents can do

Being the victim of an accident can be disheartening and stressful. Especially when serious injuries are suffered, whether broken bones or ruptured organs, the hurt victim may be so wrapped up in what is currently occurring that they can spare no thought for future actions. This may be especially true after a New Mexico bicycle accident, as injuries are often serious. That is understandable, and the first thing accident victims need to do is make sure that their health is taken care of, and that they let the medical professionals decide what kind and how much treatment they are going to need. However, at some point, there may be the necessity of considering whether someone is liable for the injured person's damages, and there may be some steps to be taken that will help with this endeavor.

For example, it is generally a good idea to get information about anyone else involved in an accident, as well as anyone who might have seen what happened. This means names, addresses and phone numbers, as well as any insurance information that may be available. Taking pictures of the scene of the accident can also be important, whether it is done by the victim or a friend or family member. These shots should capture the scene from multiple angles, and be done about the same time of day the accident occurred.

New Mexico drunk driver causes death in motorcycle crash

Motorcycles are popular in New Mexico, and why not? The sunny weather and good road conditions make driving along the state's highways and byways a pleasant experience for many bikers. Likewise, the freedom of traveling long stretches of relatively flat, straight roads is invigorating for many New Mexico residents. As we have mentioned before, however, if something unexpected does happen, and a rider is involved in a motorcycle crash, the results can be catastrophic.

One New Mexico family is now facing the consequences of this fact. A recent motorcycle accident in Santa Fe during the Easter weekend has resulted in a man's death. The 63-year-old man was riding his motorcycle in that city when he was struck in the rear by another driver. According to police, the accident resulted in the man's motorcycle rolling over him, causing serious head and body injuries that eventually proved fatal.

Who besides drivers may be liable for New Mexico car accident?

Many people in New Mexico understand that driving can be a dangerous activity. After all, motor vehicles are large, very heavy objects travelling at high speeds. Due to the laws of physics, when these objects attempt to occupy the same space at the same time, the forces that are created are substantial. When these forces are applied to the human body, the result is often serious injury.

Thus, venturing out onto New Mexico roads can be hazardous. Also, with the many distractions of modern society, there is a good chance that those travelling in motor vehicles will encounter drivers that are not fully focused on their task. Whether it be texting, eating, or applying make-up, distracted drivers can cause accidents at alarming rates. And, this does not even take into account the dangers posed by drunk drivers or those using other mind-altering substances.

How does New Mexico define nursing home abuse?

As medical technology and our understanding of human biological processes advance, people are often living longer, healthier lives. While this is probably a good thing in general, it can also lead to some unintended consequences. Because our ability to maintain the functions of physical life outstrips our ability to treat some of the other effects of aging, some older individuals find themselves in situations where it is difficult for them to live independently, either due to conditions affecting their mental capacity, or simply needing more care than their family or loved ones can give. This means that more and more people have to make the difficult decision to place an older family member in a nursing home.

While most of these facilities do everything they can to provide adequate care for their residents, no system is perfect, and sometimes nursing home staff can end up abusing or neglecting their patients, either through inadequate training, staffing, or vetting of staff members. But what might constitute abuse in a New Mexico nursing home?

Who might be liable in a New Mexico birth injury case?

Several weeks ago, we touched upon the standard of care to which states like New Mexico generally hold doctors and other medical professionals in birth injury cases. Basically, physicians are held to a higher standard of care than an average person would be held to, and, depending upon the circumstances, may be held to the standard of a reasonably prudent specialist in the medical field. But, doctors are not the only ones who might be liable for a child injured during the birth process.

While the most visible and likely candidate for malpractice during the birth is the medical doctor actually performing the procedure, there are many other medical professionals who could be involved, and whose mistakes might have created the problem. Nurses are usually there, attending to various tasks in the delivery room and afterward. Improper monitoring of a new-born, or a mistake in medication could create a birth injury situation. There might be other specialists involved as well, especially if there were complications during the delivery. An anesthesiologist, for example, may have been called in if the child needed to be delivered by caesarian section.

Duty and breach in New Mexico bicycle accidents

This blog has previously discussed the general concept of negligence with regard to traffic accidents. We touched on the basic elements of a negligence action in relation to motorcycle accidents last week. The same elements, however, also apply to other potential accident cases, including those involving bicycle riders. These cases have some similarities to motorcycle accidents, given the fact that bicycles also provide little protection to a rider, other than any personal protection gear worn, in case of a collision. Further, injuries in accidents involving bicycles and motor vehicles can cause major injuries, from broken bones, to head trauma to internal bleeding.

The first elements we touched on with regard to negligence were duty and breach. For an individual to recover damages under a negligence theory, he or she will have to show that the responsible party had a duty to behave in a certain way vis-à-vis the victim, and failed to do so. In general, people operating vehicles on public thoroughfares are expected to follow the rules of the road and be reasonable in dealing with other vehicles and pedestrians they may encounter.

Negligence and New Mexico motorcycle crashes

People in the American West are known for their sense of rugged individualism and penchant for bucking restrictions. New Mexico's own proud history of freedom-seeking and pioneering plays into this cultural conceit quite well. One expression of this sentiment for many modern residents is the use of motorcycles for transportation or pleasure-riding. The speed, acceleration and lack of enclosure a motorcycle offers are just the things that many enthusiasts are looking for in a way to express their independence.

Sadly, the same factors that create the attraction for many bikers also create a situation in which, if something goes wrong, the motorcyclist can find him- or herself in great danger of potentially life-threatening or -altering injury. The lack of protection a motorcycle provides, along with its small size and weight relative to other vehicles on the road, can make for an especially perilous situation when other drivers are not acting responsibly.

Albuquerque grandmother hit twice by drunk driver

Drunk driving has gotten a lot of attention over the last 30 years or so. Since at least the 1980's, there has been a push to educate people about the dangers of driving while intoxicated, as well as to stiffen penalties for doing so. Things have improved, but many people would argue we still need to do more. While, in general, the number of people driving drunk appears to have dropped statistically, there are still families that are torn apart every day by these preventable accidents.

Here in Albuquerque, a recent incident reminds us how devastating such negligent behavior can be. On a Saturday afternoon, a grandmother was standing outside her home, in her driveway, saying farewell to her granddaughter. A black Jeep careened through an intersection with a posted stop sign and struck the woman before hitting the residence. The Jeep then backed up, running over the grandmother again, before fleeing the scene of the accident.

The Jaffe Law Firm
1001 Gold Ave SW
Albuquerque, NM 87102
(505) 242-9311 [phone]
(505) 242-6225 [fax]
Email Us
Albuquerque Law Office Map