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FAQ: Medical Malpractice Cases
New Mexico Personal Injury Lawyers
At James Wood Law, we are committed to helping clients recover the financial compensation they deserve for illnesses and injuries caused by a doctor or hospital’s negligence. Below, we answer some questions about medical malpractice cases that we are commonly asked by clients.
Question: Do I Have a Medical Malpractice Case?
A: If the details of your case meet the following criteria, you might have grounds to file a medical malpractice claim:
- The doctor or hospital you want to take legal action against actually made an error in the care they provided.
- The specific error caused or exacerbated your injury.
- The specific error diminished your chances of having a full recovery.
- The damages you suffered are sufficient enough to justify the costs and time needed to litigate the case.
Question: What Are Some of the Common Types of Medical Malpractice?
A: The term medical malpractice is used to describe any type of medical negligence that results in injury. Common examples of medical malpractice include:
- Surgical Errors
- Nursing Home Abuse
- Birth Injuries
- Failure to Diagnose
- Cancer Misdiagnosis
- Prescription Drug Errors
- Misreading X-Rays or Other Medical Test Results
- Lack of Informed Consent
- Delays in Medical Diagnosis
Question: Do I Need to Report Medical Malpractice to a Certain Organization or Institution?
A: If you have suffered a medical malpractice injury or illness, you need to report the doctor, hospital, nurse, or other medical provider to the State Medical Practices Board. You should consult with an experienced lawyer to get help making your report.
Question: Who Can Be Sued in a Medical Malpractice Case?
A: You can take legal action against the medical provider and any other organization, such as a medical corporation or hospital, responsible for the harm you suffered.
Question: What Damages Can I Pursue in a Medical Malpractice Case?
A: You can pursue the following types of damages:
- General Damages: This type of damage is for physical and mental pain and suffering, loss of enjoyment of life, and loss of consortium that was caused by the medical error.
- Special Damages: This type of damage is for quantifiable expenses, like reimbursement for lost income and medical expenses.
- Punitive Damages: These damages awarded when judges and juries decide to punish a physician or medical facility for especially egregious conduct. Punitive damages are rarely awarded in medical malpractice cases.
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