The legal agenda following a matter involving medical negligence can be extremely complex. There are so many things that must be kept in mind, and it can be easy to lose sight of some important information regarding your lawsuit.
For instance, knowing the statute of limitations alone can make or break a case. You have three years from the date of the malpractice to file a lawsuit or you forfeit the right to make a claim. Understanding New Mexico damage caps is also important.
How Does the State Cap Medical Malpractice and Birth Injury Damages?
Many states place a cap on just the non-economic damages that a person and/or family experiences. However, New Mexico classifies various losses under their $600,000 damage cap for plaintiffs in a medical malpractice case.
The cap is placed on economic compensation, lost income and lost future earnings, and any losses that are considered non-economic (pain and suffering). However, it does not apply to various compensation that is used for medical care and other similar benefits.
The medical malpractice cap does not apply to any damages which may be punitive in these types of cases; however, punitive damages are very rare in these situations. Punitive damages are used to punish the negligent party when they willingly act in a reckless manner.
It’s also important to recognize the cap in New Mexico that limits the healthcare provider’s liability at $200,000 in a medical malpractice case. The remaining amount of the awarded verdict is paid out by a state compensation fund.
Understand Your Rights with Our New Mexico Medical Malpractice Attorneys
If you’ve been the victim of medical malpractice, or if your baby was harmed due to medical negligence, you have rights that must be protected. You must recognize the various ways in which you can pursue compensation and to what you may be entitled.
Our New Mexico medical malpractice lawyers at The Law Office of James H. Wood work hard to protect our clients in complex legal matters. Trust that we keep your best interests top of mind from start to finish.
Call our firm today at (505) 906-6774 to discuss your rights.