Legal Question in Personal Injury in New Mexico

Do I have a Tort Claim here?

I had several Strokes. My wife called the EMT's. When they got here, they said that you don't call EMT's for a drunk person. They had me sign a form that I didn't want to go to the hospital. They checked my blood pressure & blood sugar only. My wife listened to their professional medical findings. I ended up going to the hospital the next day. My wife took me. Are they negligent and out of line with their behaviour? Keep in mind that the EMTs were disciplined by the Fire Cheif for their actions who has said that this has happened before and the person was fired. This e-mail took me a really long time to write.


Asked on 9/25/02, 8:27 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Do I have a Tort Claim here?

You may have a negligence claim if it can be demonstrated that medical personnel performed below the standard of care for the community, AND that the substandard performance caused you demonstrable financial loss or economic damage as a direct result. Contact a lawyer in your community, or you may Email us if you wish to discuss the matter further.

Read more
Answered on 9/26/02, 9:43 am
Dennis W. Montoya The Law Offices of Dennis W. Montoya

Re: Do I have a Tort Claim here?

You do have potential claims, and you should contact an attorney as soon as possible. Please keep in mind that, if the agency that failed to provide you with care was governmental in nature, you MUST GIVE A "TORT CLAIMS NOTICE" within 90 days.

I will be glad to try to assist you with more information or additional analysis, if you would call my office.

Read more
Answered on 9/26/02, 1:18 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New Mexico