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

State Supreme Court Reverses Summary Judgment, Permitting Plaintiff’s Untimely Affidavit

Free Consultation
January 19, 2018 | Posted in Firm News, Medical Malpractice, Relevant Personal Injury Case Law

Recently, a state court issued an opinion stemming from a 2011 medical malpractice lawsuit. The court reversed the defendant’s motion for summary judgment. The case was appealed all the way to the state’s supreme court to determine whether the trial court properly granted summary judgment and dismissed the case with prejudice in favor of the defendant. The case originated from the delivery of the plaintiff’s baby, after which the plaintiff’s baby was born with serious injuries. The case is important for New Mexico personal injury victims because it illustrates the standards courts use when evaluating New Mexico motions for summary judgment.

The Facts of the Case

Shortly after the traumatic birth of her child, the plaintiff brought a lawsuit against the doctors and the hospital, arguing that the medical treatment provided by the defendants was below the accepted standard of care. In accordance with state law, the defendants filed an answer to the complaint, denying the allegations and demanding an affidavit of merit (AOM).

The plaintiff did not respond to the defendants’ motion, and the defendants filed a motion for summary judgment in response. The plaintiff opposed the defendants’ motion, filing the requested AOM. The plaintiff argued that it was his attorney’s misunderstanding that resulted in the untimely filing.

The Appellate Court’s Decision

The appellate court did not find that an attorney’s oversight was a sufficient reason to justify the plaintiff’s failure to file the AOM. However, the dissenting judge argued that the court should take into consideration the attorney’s mistake, the minor status of the plaintiff, and the little prejudice the defendants suffered, and it ultimately should have allowed a refiling.

The Supreme Court Decision

The state supreme court reversed the lower court’s granting of summary judgment. The court assessed the various factors present in the case, finding that these factors compounded with the fact that the case itself was meritorious should result in an exception to the general rule. The court also noted that there were certain equitable reasons that would allow the case to proceedm even though the filing was late.

New Mexico Mandatory Filing Deadlines for Medical Malpractice Lawsuits

Statutes of limitations and filing deadlines are aspects that can make or break a lawsuit in New Mexico. In New Mexico, there are certain rules that only apply to medical malpractice cases. One such rule is that in many medical malpractice lawsuits, the case must first be presented to a Medical Review Panel. The panel will determine whether the plaintiff’s case is viable by looking at things such as potential recovery amounts, filing dates, and deadlines. The panels are composed of doctors and lawyers, and they may even hear evidence and testimony. It is important that potential plaintiffs consult with an attorney before filing a medical malpractice lawsuit in New Mexico because this area of law is particularly complex.

Have You Been Injured Due to a Medical Mistake or Medical Negligence?

If you or a loved one has been injured because of the negligence of a health care provider, you should contact one of the attorneys at the Fine Law Firm about the possibility of filing a New Mexico medical malpractice lawsuit. The Fine Law Firm is composed of dedicated and experienced attorneys who can handle all of the stages of your claim. If you are successful, you may be entitled to monetary compensation for the injuries you sustained. Contact one of our attorneys today at 800-640-6590 to schedule your free initial consultation.

More Blog Posts:

State Supreme Court Finds No Basis for Summary Judgment after Expert Opinion Testimony, New Mexico Personal Injury Lawyer Blog, December 31, 2017.

Court Discusses Government Liability in Recent Personal Injury Case, New Mexico Personal Injury Lawyer Blog, January 4, 2018.

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