Medical malpractice lawsuits can be complicated, time-consuming, and emotionally draining. If you or a loved one has been a victim of medical negligence in New Mexico, it's crucial to understand the key factors that can impact the success of your case. In this blog post, we'll explore the top five factors to consider when filing a medical malpractice lawsuit in the Land of Enchantment.
1. Statute of Limitations
One of the most important factors to consider when filing a medical malpractice lawsuit in New Mexico is the statute of limitations. In general, you have three years from the date of the injury to file a lawsuit. However, there are some exceptions to this rule, such as cases involving minors or instances where the injury was not discovered until later. It's essential to consult with an experienced medical malpractice attorney to ensure you don't miss the deadline for filing your case.
2. Establishing Negligence
To succeed in a medical malpractice lawsuit, you must prove that the healthcare provider's negligence caused your injury. This typically involves establishing that the provider failed to meet the standard of care expected of a reasonably competent professional in the same field. Proving negligence can be challenging, as it often requires expert testimony from medical professionals who can attest to the standard of care and explain how the defendant's actions deviated from it.
3. Damage Caps
New Mexico has a cap on non-economic damages in medical malpractice cases, which includes compensation for pain and suffering, emotional distress, and loss of enjoyment of life. The cap is currently set at $600,000, with no cap on economic damages such as medical expenses and lost wages. It's important to be aware of these limitations when calculating the potential value of your case and seeking fair compensation for your injuries.
4. Comparative Negligence
New Mexico follows a comparative negligence rule, which means that if you are found to be partially at fault for your injuries, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 30% at fault, your total compensation will be reduced by 30%. It's crucial to work with a skilled attorney who can help minimize your percentage of fault and maximize your recovery.
5. Choosing the Right Attorney
Perhaps the most critical factor in the success of your medical malpractice case is selecting the right attorney to represent you. Your attorney should have extensive experience handling medical malpractice cases, a deep understanding of New Mexico's laws, and a proven track record of success in obtaining favorable outcomes for their clients. Additionally, your attorney should be compassionate and understanding of the emotional toll that medical malpractice cases can take on victims and their families.
At James Wood Law, we understand the complexities of medical malpractice lawsuits in New Mexico and are committed to providing our clients with the highest level of representation. Our team has the experience, knowledge, and resources necessary to navigate the challenging legal landscape and help you secure the compensation you deserve. If you believe you have a medical malpractice case, don't hesitate to contact us for a free consultation.