Healthcare providers work under an oath to do no harm to their patients. Unfortunately, doctors and those who work for them are not always without fault and can cause serious injury to their patients in many ways during treatment. An Albuquerque medical malpractice lawyer can advise on a patient’s rights after suffering injury from a healthcare professional, including the right to compensation for damages. Learn more about medical malpractice claims under New Mexico law and consult with one of our local personal injury attorneys about filing a malpractice claim.
Medical malpractice is when a healthcare provider causes injury to a patient by departing from the accepted standards of healthcare in their treatment. A patient’s injury from medical malpractice can be difficult to identify because of the technical expertise required to understand a medical professional’s deviation from standard practice. Common examples of how medical malpractice can result in additional injury and unnecessary pain for a patient include the following:
These issues can arise from a healthcare professional’s failure to conduct proper diagnostic testing, gather a thorough patient history, or have the necessary resources to provide a particular treatment. An Albuquerque attorney can help patients discover possible medical malpractice claims by obtaining secondary medical opinions and having an expert review a client’s patient file.
A civil lawsuit is the process available to patients who wish to pursue a claim against their healthcare provider. Injured patients can generally recover compensation for several types of damages that may exist because of the malpractice. For example, a patient may claim damages for past and future medical care, pain and suffering, and punitive damages in some cases. Except for medical care benefits and punitive damages, New Mexico caps compensation in a medical malpractice case under New Mexico Statutes Annotated § 41-4-6 based on the year of the incident.
Some healthcare professionals will be aware of their malpractice and proactively seek a signed settlement and release of liability from a patient. It is important to meet with an experienced medical malpractice lawyer in Albuquerque before agreeing to a settlement. A lawyer can review the terms of a settlement and compare it with the possible value of a case based on the nature of the injury and their experience. Additionally, victims of medical malpractice may need to seek a decision on a case from the New Mexico Medical Review Commission before pursuing a civil claim in court.
An injury from medical malpractice can place great distrust in the healthcare system. Recourse may be available to you or a loved one in these cases with the help of our experienced lawyers committed to serving the local members of the community. The deadline to file a medical malpractice lawsuit in New Mexico is generally three years under the statute of limitations. Schedule a free case review with an Albuquerque medical malpractice lawyer today.