Rio Rancho Medical Malpractice Lawyer
Compassionate and Supportive Legal Representation
At James Wood Law, our Rio Rancho medical malpractice attorneys understand the overwhelming challenges faced by individuals who have suffered severe injuries or the loss of a loved one due to the negligence of medical professionals, hospitals, or healthcare personnel. We empathize with the difficulties you are enduring, including unpaid medical bills, job loss, funeral expenses, lost wages, physical pain, emotional suffering, despair, depression, anger, frustration, guilt, and grief.
You are not alone in this journey. Our firm is here to assist you. James Wood will personally handle your case from beginning to end. Even when James is away from the office, he is readily available via cell phone or email. We believe in providing aggressive yet compassionate representation and are available 24/7.
While we understand that nothing can undo the harm you have experienced or alleviate your physical and emotional pain, we are committed to being there for you. We genuinely care about you as an individual who has suffered a devastating loss, not just as another client or case number.
New Mexico's Statute of Limitations for Medical Malpractice
It is crucial to file your claim promptly due to New Mexico's statute of limitations, as delays can result in evidence becoming stale. According to New Mexico Statutes Annotated § 41-5-13, individuals intending to file a medical malpractice lawsuit must do so within three years from the date of the malpractice incident.
Failure to file a lawsuit within this three-year period will likely lead to dismissal. However, there is an exception for injured parties under the age of six, who have until their ninth birthday to file a claim (or have one filed on their behalf).
Were You Harmed by the Negligence or Wrongdoing of Another?
We strongly believe that spending quality time with our clients is the most vital aspect of our work. To properly represent you, we strive to understand your perspective and experience what you are going through.
Have you sustained injuries due to the negligence of a medical professional? Call James Wood Law at (505) 906-6774 immediately to schedule a free consultation, whether at your home or in the hospital. We look forward to providing you with assistance.
Understanding Medical Malpractice in New Mexico
Medical malpractice refers to negligence or improper action or inaction by a healthcare provider, resulting in the failure to meet accepted standards of care within the medical community. This failure can lead to injury or death of the patient.
Healthcare providers have a duty to utilize the skills and care that a reasonably competent provider in their field would use when caring for a patient. Negligence occurs when a healthcare provider fails to meet this duty.
If a treating doctor knows or should know that the patient would benefit from the expertise of another doctor with different or superior qualifications, it is the treating doctor's responsibility to inform the patient.
Furthermore, a doctor is obligated to inform the patient about alternative treatment options and the potential consequences if a medical condition is left untreated. Consent from the patient does not absolve negligent medical care or treatment.
Types of Medical Malpractice Claims
Our practice focuses exclusively on medical malpractice, personal injury, and wrongful death cases. We do not handle matters outside of these areas of law. By specializing in these specific cases, we can provide the highest quality representation possible.
Timing is Crucial in Pursuing Your Case
If you have suffered injuries or lost a loved one due to negligence, recklessness, or malice, timing is crucial in pursuing your legal claim. Witness statements need to be obtained before memories fade, accident scenes must be investigated and documented before changes occur, and potentially hazardous products need to be examined and photographed before any alterations or repairs are made. Additionally, collecting medical records and taking other necessary steps are essential to ensure a fair recovery.
The Role of the Medical Review Commission in New Mexico Malpractice Cases
In New Mexico, before a medical malpractice lawsuit can proceed to court, an application must be filed and approved by the Medical Review Commission (as per New Mexico Statutes Annotated section 41-5-15). This application must be submitted by an attorney. During the process, your application will be reviewed by three panel members from the medical field and three from the New Mexico State Bar Commission. The hearing typically takes place within 60 days of submitting the application.
The Commission's review revolves around answering two questions:
- Is there substantial evidence indicating that medical malpractice might have occurred?
- Is there a reasonable medical probability that the patient suffered injury as a result of the malpractice?
A negative outcome does not prevent claimants from pursuing their lawsuits in court. However, a positive outcome, although not admissible in court, can benefit the claimant by facilitating cooperation from the Commission in finding a medical expert witness to support their case.
Damage Caps for Medical Malpractice Lawsuits in New Mexico
Certain medical malpractice claims may be subject to damage caps. These caps establish a limit on the amount of financial compensation awarded for specific damages. New Mexico Statutes Annotated § 41-5-6 sets the cap at $600,000 for non-monetary damages (primarily pain and suffering) and compensation for past and future lost income. Nevertheless, we always strive to find ways to overcome these caps and ensure that you receive fair compensation.
Let's Begin Working on Your Case Together
If you have suffered serious injuries or lost a loved one due to the negligence of medical professionals or healthcare organizations, the answer is "yes" to seeking legal representation. However, it is crucial to have an experienced trial lawyer who is Board Certified. With over 40 years of combined trial experience and Attorney Wood's Board Certification, we possess the expertise you need. Less than 10% of all attorneys are Board Certified Trial Lawyers.
At James Wood Law, we offer a complimentary initial consultation, as well as home and hospital visits. We also work on a contingent fee basis and are available 24/7.
Multiple Verdicts and Settlements Obtained of $1 Million or More
Tried More Than 50 Cases to a Jury & Settled More Than 150 Cases
Board Certified Trial Lawyer by the National Board of Trial Advocacy
Rated AV Preeminent® by Martindale-Hubbell®