The Law Office of Salazar, Sullivan & Jasionowski Albuquerque Medical Malpractice Attorney | Rio Rancho Birth Injury Lawyer | New Mexico Hospital Negligence Attorneys 2026-05-27T14:03:28Z https://www.salazarandsullivan.com/feed/atom/ WordPress /wp-content/uploads/sites/1404672/2025/03/cropped-SSJ-Fav-1-32x32.png On Behalf of The Law Office of Salazar, Sullivan & Jasionowski <![CDATA[When a misdiagnosed blood clot may become a malpractice case in New Mexico]]> https://www.salazarandsullivan.com/?p=54311 2026-03-30T14:28:57Z 2026-03-26T09:39:13Z Blood clots can appear suddenly and silently, sometimes showing only vague symptoms like swelling, redness or shortness of breath. Missing these warning signs in a hospital setting can quickly turn a treatable condition into a life-threatening problem.  Understanding how these errors may cross into medical malpractice can help you protect your health and your legal rights. In New Mexico, hospitals such as UNM, Lovelace and Presbyterian see thousands of patients each year. This makes timely diagnosis essential for avoiding serious complications.

Spotting the hidden danger

A misdiagnosis often begins when a doctor attributes clot symptoms to a less serious condition. You may notice persistent leg pain or unusual swelling or even sudden shortness of breath. Bringing attention to these symptoms and documenting them creates a record that may support future claims if a clot is overlooked.  Several factors often contribute to misdiagnosed clots. These include:
  • Failing to order proper imaging tests such as ultrasounds or CT scans
  • Misinterpreting lab results or symptoms that suggest a clot
  • Delaying treatment after recognizing potential clot signs
  • Not reviewing a patient’s full medical history, including recent surgeries or periods of immobility
Each of these missteps increases the risk of serious injury or death. Recognizing how these errors connect makes it easier to see whether a claim may exist and why acting quickly matters.

Decoding the medical maze

Navigating medical records and hospital procedures can feel overwhelming, especially when you are already dealing with health concerns. Working with a law firm that includes a board-certified MD as a lawyer can provide a clear picture of complex medical details. They can review your records, link symptoms to missed diagnoses and help build a case if medical malpractice is suspected. This guidance can reduce confusion and increase the chances of securing fair compensation.

Catching problems before they grow

A misdiagnosed blood clot can escalate faster than expected. Paying attention to unusual or persistent symptoms, keeping careful notes of your medical interactions and seeking professional guidance early can make a real difference. Taking these steps may help prevent further complications and protect both your health and your legal rights.]]> On Behalf of The Law Office of Salazar, Sullivan & Jasionowski <![CDATA[New Mexico’s medical malpractice laws might be changing patient rights]]> https://www.salazarandsullivan.com/?p=54278 2025-11-24T14:18:21Z 2025-11-24T14:18:21Z Understanding the disconnect in proposed malpractice rules Lawmakers may limit punitive damages and raise the level of proof needed to win them, making it harder to get compensation. Lawmakers are also considering a Michigan-style “say sorry and offer compensation” approach that encourages quick apologies and early payouts instead of lawsuits. While New Mexico supports adding more protections for doctors, critics worry that those changes weaken patient rights.

SB 8 revival

Senate Republicans say they plan to revive Senate Bill 8 in January, a proposal they pushed during the recent special session. The bill targets what Think New Mexico calls venue shopping, caps on attorney fees and shifts of large jury awards from lump-sum payments to expenses-as-incurred. Republican Party (GOP) lawmakers argue these changes would curb litigation abuses and create a more balanced medical malpractice system.

Why timing matters even more now for New Mexico families

New Mexico law gives patients three years from the date the act of malpractice occurred to file a malpractice claim. Proposed reforms may change the standards for damages or evidence, so patients need to act fast. If you want to learn more about how these upcoming reforms may affect you or your loved ones, contact the Law Offices of Salazar, Sullivan & Jasionowski. Our team can review your situation and verify if we can assist with any legal steps you may be able to take.]]> On Behalf of The Law Office of Salazar, Sullivan & Jasionowski <![CDATA[Family awarded $40 million in birth injury lawsuit against Presbyterian]]> https://www.salazarandsullivan.com/?p=54241 2025-07-25T20:33:51Z 2025-07-25T20:33:51Z A family in New Mexico has won a major legal battle against Presbyterian Healthcare Services, receiving $40 million in damages. This case highlights the serious consequences when hospitals fail to properly care for newborns, leading to significant birth injuries.

Key Legal Aspects of the Presbyterian Birth Injury Lawsuit

In April 2019, a baby was born prematurely at Presbyterian Hospital. The hospital staff did not check the baby's blood sugar levels as required. This led to a condition called hypoglycemia (low blood sugar) that went unnoticed. As a result, the baby suffered severe brain damage.  The parents, Patrick and Samantha Leonard, filed a lawsuit against Presbyterian, claiming the hospital's negligence caused their child's permanent disabilities. After a two week trial, the jury agreed with the family, awarding them a total of 40 millions in damages to cover the child's ongoing care and hold the hospital accountable. From a legal standpoint, this case is significant for several reasons. The court documents showed that Presbyterian Hospital did not follow its own rules, which required blood-sugar testing for all premature infants within their first 24 hours of life. The hospital's failure to monitor and treat the baby properly was a breach of the standard of care. This means they did not provide the level of care that other competent healthcare providers would have in a similar situation. 

Seeking justice for birth injuries: Your legal options

For victims of birth injuries, this case sets an important precedent. It shows that hospitals can be held responsible when their negligence leads to preventable harm. If your child has suffered a birth injury due to medical negligence, seeking legal help is advisable. A lawyer with experience in birth injury cases can evaluate your situation, explain your rights and help you pursue compensation for medical expenses, ongoing care and other damages. This case serves as a reminder to hospitals and healthcare providers about the importance of following established protocols and providing proper care to newborns. When they fail to do so, the consequences can be devastating for families. It also highlights the importance of holding these institutions accountable to ensure patient safety.]]> On Behalf of The Law Office of Salazar, Sullivan & Jasionowski <![CDATA[New Mexico hospital rankings in malpractice cases]]> https://www.salazarandsullivan.com/?p=54236 2025-06-17T07:25:36Z 2025-06-17T07:25:36Z Not every hospital visit ends in healing, and when things go wrong, you are often left wondering whether it could have been avoided. In New Mexico, hospitals vary widely when it comes to safety and accountability. While official rankings don't always tell the full story, they can offer insight into where preventable harm tends to happen.  If you've been seriously hurt during a hospital stay, it's worth understanding how your facility measures up, because patterns matter.

What do New Mexico hospital rankings actually reflect?

Only one hospital in the state — Lovelace Women's Hospital in Albuquerque — earned an A for hospital safety. Seven others received a B, nine earned a C and Three Crosses Regional Hospital in Las Cruces got a D. These grades don't directly track malpractice lawsuits, but they show how well a hospital prevents harm. A lower grade often signals gaps in emergency response, staff coordination or infection control — factors that raise the risk of serious mistakes.

Which hospitals have faced serious malpractice claims?

Several New Mexico hospitals have already faced high-profile lawsuits. In 2019, the University of New Mexico Hospital dealt with claims involving an unnecessary procedure. A year later, Presbyterian Healthcare Services handled a $10 million lawsuit after a patient suffered a brain injury during surgery. At St. Vincent Regional Medical Center, a 2018 case alleged that staff failed to respond quickly to stroke symptoms, which caused permanent damage. These aren't isolated mistakes; they reveal what happens when systems break down.

Why this matters if you or a loved one was harmed

If something didn't feel right during your hospital stay and you are still dealing with the aftermath, trust that instinct. Medical negligence doesn't always show up immediately, but over time, the impact becomes harder to ignore, and so does the need for answers.

When safety fails, here's what you can do next

If you are still sitting with the feeling that something wasn't right, don't ignore it. Take a moment to sort through what happened, what you were told and what changed after. You don't need to act on it today, but if that doubt keeps resurfacing, it might be time to start asking why.]]> On Behalf of The Law Office of Salazar, Sullivan & Jasionowski <![CDATA[Medication errors: When can you sue a pharmacy?]]> https://www.salazarandsullivan.com/?p=54162 2025-04-09T12:55:37Z 2025-03-31T17:33:53Z What is a medication error? A medication error can happen when the pharmacy gives you the wrong medicine or incorrect dosage. This can occur due to several reasons. For instance, the pharmacist might misread the prescription, confuse two similar drug names or fail to notice harmful interactions with other medications you are taking. These mistakes can lead to dangerous side effects or worsen your medical condition

When can you sue?

You can sue a pharmacy in New Mexico if their mistake causes you serious harm. This usually means you ended up with a lasting injury or health problem because of their error. For example, if you got the wrong medicine and it made you so sick you had to stay in the hospital, you might have a case. It's important to know that not every mistake leads to a lawsuit. If the error was caught quickly and didn't cause any real harm, you probably can't sue. The key is that the pharmacy's mistake must have caused you significant harm or long-lasting health issues.

Should you get a lawyer?

If a pharmacy's mistake has hurt you, you might want to talk to a lawyer. Pharmacy malpractice cases can be tricky. A lawyer who knows about these cases can help you understand your rights and whether you have a good case. They know the laws in New Mexico and can guide you through the process. In any case, always double-check your prescription before you leave the pharmacy. Make sure it's your name, the right medicine, and the right dose. If something doesn't seem right, ask the pharmacist before you take the medicine. Being careful can help prevent mistakes and keep you safe.]]> On Behalf of The Law Office of Salazar, Sullivan & Jasionowski <![CDATA[When does a doctor have a duty of care?]]> https://www.salazarandsullivan.com/?p=54163 2025-02-24T20:29:18Z 2025-02-24T20:29:18Z One of the key elements of a medical malpractice claim is the duty of care that a doctor owes. If they owe that duty and they breach it, either through negligence or intentional action, then the person who suffered harm may be able to sue for medical malpractice. But when does the doctor have a duty of care? Only when that individual is their patient and a professional relationship exists between the two. They then have a duty to prioritize the patient’s best interests because of that relationship.

Why does this make a difference?

This is so important because the duty of care has to be established first, allowing the case to move forward. It may not always exist. For example, say that someone is choking in a restaurant. There is a doctor in another part of the restaurant who sees the commotion happening. If they don’t help the person, it’s not an example of medical malpractice. That person is a medical professional who could have helped, but they have no obligation to do so because there’s no doctor-patient relationship. However, when a doctor is assigned to someone’s case in the hospital, the relationship is established, and the duty of care comes with it. This doctor then has to be attentive to the patient’s needs and work to uphold the expected standard of care. The same applies to registered nurses (RNs) and other medical professionals. They can only be accused of medical malpractice when they were supposed to provide care to that specific patient and failed to do so.

Filing a claim

Do you believe you have suffered harm due to medical malpractice? If so, be sure you understand exactly what legal steps you can take to file your claim.  ]]> On Behalf of The Law Offices of Salazar, Sullivan & Jasionowski <![CDATA[Birth injuries may have a life-long impact]]> https://www.salazarandsullivan.com/?p=52960 2025-03-19T15:26:04Z 2025-02-08T18:31:34Z All of these things are wise to consider but remember that the birth injury could change the entire course of your child’s life.

The most serious birth injuries

With some of the more severe birth injuries, complete healing isn’t possible. Perhaps your child has suffered from cerebral palsy and will have certain physical limitations for the rest of their life. Perhaps they suffered nerve damage that isn’t going to completely heal. If your child suffers a brain injury or a spinal cord injury, complete healing isn’t always possible, even with the best medical care in the world. For this reason, you need to consider your long-term costs. Will you have to be a caregiver for the child for the rest of your life? Will they need future surgeries or medical treatment? Are they going to need medication? How has this impacted their ability to earn a living when they grow up? As you sort through all of these details, be sure you understand all of your legal options to seek proper financial compensation.]]> On Behalf of The Law Offices of Salazar, Sullivan & Jasionowski <![CDATA[What are the dangers of unsterilized instruments?]]> https://www.salazarandsullivan.com/?p=52958 2025-02-03T21:40:51Z 2025-02-03T21:40:51Z Medical instruments must be sterile to prevent infections and complications. When hospitals or clinics fail to properly sterilize tools, patients face serious health risks. Contaminated instruments can introduce bacteria, viruses, or other harmful pathogens into the body.

How infections spread from unsterilized tools

Surgical instruments, needles, and dental tools must be free of contaminants before use. When facilities ignore sterilization protocols, harmful microorganisms can transfer directly into open wounds or the bloodstream. This can lead to infections like sepsis, staph infections, or hepatitis. Patients with weakened immune systems are at even greater risk of life-threatening complications.

Common illnesses linked to contaminated instruments

Unsterilized medical tools can expose patients to a variety of serious conditions. Some of the most common include MRSA (methicillin-resistant Staphylococcus aureus), which is difficult to treat with antibiotics, and hepatitis B and C, which can cause long-term liver damage. In some cases, improperly cleaned instruments have led to outbreaks of tuberculosis or fungal infections in surgical patients.

Legal responsibilities of medical providers

Hospitals, clinics, and other healthcare facilities must follow strict sterilization procedures. In New Mexico, failure to maintain proper hygiene standards may be medical negligence. The New Mexico Medical Malpractice Act provides guidelines for patient safety, and violations may result in legal consequences. If a provider uses unsterilized instruments, they may be held responsible for any harm caused.

Protecting yourself from unsafe medical practices

Patients can take steps to reduce their risk of exposure to unsterilized instruments. Before undergoing a medical procedure, ask about the facility’s sterilization methods. If something feels off, trust your instincts and request a clean set of tools or a different provider. Ensuring proper hygiene in medical settings can help prevent serious infections and complications.]]> On Behalf of The Law Offices of Salazar, Sullivan & Jasionowski <![CDATA[It often takes time to diagnose cerebral palsy ]]> https://www.salazarandsullivan.com/?p=52956 2025-01-26T17:14:38Z 2025-01-26T17:14:38Z Cerebral palsy is a birth injury that can be caused when a baby’s brain does not get proper oxygen. This can cause a lifelong brain injury, and it often affects muscle movement. Someone who has cerebral palsy may have limited body control and coordination, and they may even have issues with muscle tone, such as muscles on one side of the body being stiffer than on the other. In many cases, cerebral palsy is caused by issues during the birth itself. For instance, a slow delivery or issues with an umbilical cord could cut off oxygen to the child’s brain at this crucial time. Even if this only lasts for a brief amount of time, it could cause irreversible brain damage during the birth. However, experts note that the general age at which cerebral palsy is diagnosed is around three years old. Why is there such a significant delay, where it takes years to make a diagnosis?

Children miss milestones

The problem is that children are young and still developing, so a common sign that someone has cerebral palsy is when they begin to miss important milestones. A baby may not roll over, learn to crawl or learn to walk at the time that the pediatrician would expect. This can indicate that there are muscle control issues, leading to a cerebral palsy diagnosis. But it can take months or years for children to reach these milestones in the first place. Parents have to wait until the child has reached the appropriate age, and only then will they realize that the child isn’t keeping up with the developmental expectations. This may not be obvious at the beginning when the child is simply too young to crawl or walk anyway.

Seeking legal guidance

These delays can sometimes complicate cerebral palsy medical malpractice cases. Parents who are affected need to know exactly what steps to take.]]> On Behalf of The Law Offices of Salazar, Sullivan & Jasionowski <![CDATA[How can you tell if you have a medical malpractice claim?]]> https://www.salazarandsullivan.com/?p=52954 2025-01-13T01:04:46Z 2025-01-13T01:04:46Z If your medical treatment does not work out as hoped, be it an injury to yourself or a birth injury to your child, you may feel someone is to blame. You may believe that if they had only done something differently, all would be well. In such a case you might consider filing a medical malpractice claim against the party you believe is responsible for the harm. The following can help you better understand if you have a case:

The 4 D’s

For your case to have any chance of success, you must be able to show that all four of the following things were true: 1. They had a “Duty of care” toward you Medical staff who treat you generally have an automatic duty of care toward you. However, that does not mean every medical professional in the vicinity when you are treated does.  2. They “Deviated” from the standard duty of care Doctors are expected to do things in certain ways. These professional norms have developed over the years and can change with time and circumstances. You would need to show that most doctors with similar experience would have done things differently in the circumstances. 3. You suffered “Damages” What injuries did you or your child suffer? If there is no lasting sign of damage, then you probably do not have a case. 4. Their actions “Directly caused” your injuries Medical procedures do not always turn out as expected. If you wish to claim you will need to show that the harm you or your child suffered was directly down to the error made, rather than just being bad luck or coincidence. As you can see, understanding whether you have a valid medical malpractice can be challenging. Hence, it’s best to seek legal guidance to assess your situation and move forward if appropriate.]]>