What Is Medical Malpractice?
Medical malpractice is defined as negligence by either an action or inaction
by a professional health care provider in which the treatment or lack
thereof failed to comply with accepted standards of the medical community
and either caused injury or death to the patient.
In caring for a patient a healthcare provider has a duty or a responsibility
to use the skill and care ordinarily used by a reasonably well-qualified
healthcare provider. A healthcare provider who fails to do so is negligent.
- If a treating doctor knows or should know that another doctor with other
or better qualifications is needed for the patient to receive better medical
treatment, the treating doctor must tell the patient.
- A doctor has a duty or responsibility to inform or tell a patient about
alternatives for treatment and the likely result if a medical condition
remains untreated.
- Consent is not a defense to negligent medical care or treatment.
Types of Medical Malpractice Claims
Our practice is limited to medical malpractice, personal-injury, and wrongful-death
cases. We do not represent clients in any other area of law. By limiting
our practice to these types of cases, we can provide the best representation
we are capable of providing in those areas of the law.
Timing Is an Important Part of Prosecuting Your Case
Have you been injured or lost a loved one due to negligence, recklessness,
or malice? Timing is often an important part of prosecuting your case.
Witnesses will need to be interviewed before their memories fade. Accident
sites will need to be inspected and photographed before they are changed.
Dangerous products will need to be examined and photographed before they
are altered or repaired. Medical records will need to be gathered. Many
steps will need to be taken to ensure a fair recovery.
New Mexico's Statute of Limitations for Medical Malpractice
In addition to evidence growing stale over time, it's important to file
your claim as soon as possible because of New Mexico's statute of limitations.
According to New Mexico Statutes Annotated § 41-5-13, individuals
wishing to file a medical malpractice lawsuit must file their claim within
3 years of the date of the malpractice. Any attempt to file a lawsuit
after the 3 years have transpired will most likely be dismissed. One exception
to this statute is if the injured party is under the age of 6, in which
case they will be allowed until their 9th birthday to file a claim (or
have one filed on their behalf).
At our firm, we have the resources to properly and promptly investigate
your case.
Damage Caps for Medical Malpractice Lawsuits in New Mexico
Another important aspect that we will take into account while working through
your case is New Mexico's damage caps for medical malpractice claims.
A damage cap sets a limit on how much financial compensation you may receive
for certain damages. New Mexico Statutes Annotated § 41-5-6 places
a cap at $600,000 for any non-monetary damages (primarily pain and suffering),
as well as compensation for past and future lost income. While these laws
somewhat favor healthcare providers over medical malpractice victims,
we will fight to ensure you receive fair compensation.
