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Wrongful Death Lawsuits for Medical Malpractice

Let Our Albuquerque Med Mal Lawyers Help You Through This Trying Time

When we visit a doctor or hospital, we expect them to provide effective medical care to cure or alleviate our health conditions, no matter how minor or serious. Unfortunately, there are many instances where patients suffer further injury or illness, tragically resulting in death. When a patient dies due to medical malpractice, surviving family members may file a wrongful death lawsuit against the healthcare providers responsible.

At the Law Office of James H. Wood, we are committed to holding the negligent parties liable for their actions. Although no amount of money can ever bring back your loved one, the financial compensation you and your family can recover can pay for funeral and burial expenses, medical costs prior to your loved one’s death, as well as pain and suffering.

Wrongful Death Law in New Mexico

To file a wrongful death lawsuit in the state, a personal representative must be appointed. This representative can e a spouse, child, sibling, parent, attorney, or any other member of the community.

The beneficiaries of a wrongful death lawsuit are typically the spouse and children. If there are no spouse or children, the beneficiaries could include parents, siblings, and other relatives.

The following are the elements the plaintiff must prove to win a wrongful death lawsuit in New Mexico:

  • The decedent’s (deceased person) medical provider was negligent by deviating from the proper medical standard of care.
  • The decedent’s provider failed to live up to the standard of care expected under similar circumstances.
  • The decedent’s death happened because of the medical provider’s sub-standard care.
  • The decedent and his/her family suffered damages as a result of wrongful death.

A wrongful death claim must be filed within three years of the decedent’s date of passing.

Call (505) 906-6774 for a Free Consultation

With millions of dollars in verdicts and settlements recovered on behalf of our clients, our Albuquerque medical malpractice attorney knows what it takes to help you and your family maximize your entitled award. Not only do we want justice for your loved one, but we also want to ensure that this type of incident doesn’t happen to other families.

For more information, contact us to discuss your case today.

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