New Mexico

• 3 years with Discovery Rule. (N.M. Stat. Ann. §37-1-8)
• Medical malpractice – 3 years with Discovery Rule. If plaintiff is under age six at time of act, plaintiff has until ninth birthday to bring action. (N.M. Stat. Ann §41-5-13)

• In medical malpractice actions, damages are limited to $600,000, excluding punitive damages and past and future medical care. A health care provider’s personal liability is limited to $200,000 for monetary damages and medical care and related benefits; any amount due from a judgment or settlement in excess of $200,000 shall be paid from the patient’s compensation fund. (N.M. Stat. Ann. §41-5-6)

• 3 years from date of death with Discovery Rule. (N.M. Stat. Ann §41-2-2)

• In medical malpractice actions, damages are limited to $600,000, excluding punitive damages and past and future medical care. A health care provider’s personal liability is limited to $200,000 for monetary damages and medical care and related benefits; any amount due from a judgment or settlement in excess of $200,000 shall be paid from the patient’s compensation fund. (N.M. Stat. Ann. §41-5-6)

• New Mexico Department of Health   I came across this news video about a New Mexico nursing home that took it upon itself to improve patient care.  After losing Medicare and Medicaidfunding, this facility has received a clean bill of health and is now providing quality care to New Mexico's elderly.Adult Protective Services
• Aging and Long-Term Care Services Department
• Division of Health Improvement, Incident Management Bureau
• Long Term Care Ombudsman
• Nursing Home Complaints

• Adult Protective Services – (N.M. Stat. Ann. §§27-7-14 - 31)

• Even The Worst Nursing Homes Can Turn It Around

I came across this news video about a New Mexico nursing home that took it upon itself to improve patient care.  After losing Medicare and Medicaidfunding, this facility has received a clean bill of health and is now providing quality care to New Mexico's elderly.

• Nursing Home Owner Who Kept Resident On Bedpan for 24-Hours, Now Faces Jail Time

A case case of horrific nursing home neglect (perhaps more accurately nursing home abuse) has been reported in New Mexico.  The owner of an Albuquerque Nursing Home, has been found guilty of in the death of resident who was left sitting on top of a bedpan for more than 24-hours. 

The incident occurred on Christmas day, 2005, when the owner of the facility placed the bedpan under 76-year-old Richard Gerhardt and disappeared.  Gerhardt was bed-bound at the time because he was recovering from a broken hip.  By the time the incident had been discovered, the bedpan had become embedded in Gerhardt's skin.  An open wound soon developed and became infected that ultimately led to his death five days later.

• Huge Nursing Home Verdict Tossed Out Because Parent Company Did Not Have Adequate Control Over The Facility

Yesterday, we discussed the nursing-home-name-game, how large nursing home chains attempt to shield themselves from liability by creating a complex array of subsidiary companies and messy corporate structures. 

Today, we are seeing the fall-out created by this complicated game of corporate re-organization-- how despite that fact that a large corporation makes decisions with respect to operation of a facility, and even derives profits from the facility, it can evade responsibility by re-arranging its corporate structure.

• A Graphic Example Of Nursing Home Negligence: Amputation Of A Leg Due To Untreated Bed Sores

One of the more tragic cases, my office is working involves a woman who developed pressure sores on her heels during an admission to a New Mexico nursing home.  Despite the fact that the woman was bed-bound, the facility took virtually no preventive measures to avoid pressure sores.

In fact, by the time the staff at the nursing home began to treat the wounds, much of her heels and feet were covered with necrotic tissue.  A systematic infection developed and both of the woman's legs required above-the-knee amputation to prevent the infection from spreading--- and probably save her life.

• AARP Joins Fight To Preserve Right To Jury Trial

  AARP, filed a 'friend of the court' brief in a wrongful death lawsuit pending in New Mexico.  The brief is intended to provide supplement information to the court regarding an injured nursing home resident's ability to pursue a nursing home negligence lawsuit in court as opposed to binding arbitration as stipulated to in a nursing home admission agreement. 

  Roswell Senior Living, the owner of a nursing home in New Mexico filed a motion to dismiss a nursing home negligence lawsuit filed by the family of a deceased nursing home resident.  Roswell claims any disputes involving nursing home injury or death, should be resolving via arbitration as stipulated by admission paperwork. AARP has taken a position, supportive of the family bringing the lawsuit that the arbitration clause should be held invalid because of the unequal bargaining position and an injured person's right to jury trial.