Medical malpractice lawyers hear about some of the worst medical procedure outcomes from their clients.
They sit in consultations with individuals who put their trust in the hands of skilled healthcare professionals, only to find themselves the victims of unfortunate incidents or outright negligence.
These kinds of experiences are never easy to hear. However, medical malpractice lawyers have dedicated their lives to helping patients hold healthcare professionals and facilities accountable for their actions.
In this comprehensive guide, we answer some of the most common questions about medical malpractice lawsuits, including:
Medical malpractice is the legal term for harm or injury a medical professional or facility causes to a patient. When their actions or omissions fall below the duty of care expected from the medical community, medical malpractice attorneys can seek fair compensation on your behalf.
You must meet 4 criteria before an incident is considered medical malpractice by the courts in New Mexico:
Medical malpractice can take many forms. If you’re not sure whether your situation falls under this category, it’s best to consult with medical malpractice attorneys who can evaluate your case and make recommendations for proceeding.
Some examples of medical malpractice include:
You must follow a specific process for filing a medical malpractice claim in New Mexico. The first and most important step you can take is to consult with an attorney as soon as possible after the incident.
Medical malpractice cases are complex. Seeking the expert counsel of a medical malpractice lawyer can mean the difference between a successful and unsuccessful outcome.
Medical malpractice attorneys evaluate your case to determine if you have a valid claim. Then, they guide you through the rest of the process.
If your attorney validates your medical malpractice claim, the next steps include:
If you’re unable to reach a settlement, then a court date is set and both parties make their arguments before the court.
One of the most important reasons to consult with a medical malpractice attorney is to ensure you don’t miss the deadline for filing a claim.
In New Mexico, victims of medical malpractice have three years from the date of the alleged malpractice (or from the date the patient first discovered it) to file their claim.
As with every other aspect of a medical malpractice lawsuit, the statute of limitations is complex. Some exceptions to the rule apply under certain conditions. A qualified medical malpractice attorney can provide the best guidance in these situations.
Medical malpractice attorneys must prove beyond a reasonable doubt that their clients have a case. They must demonstrate through ample evidence that the defendant’s actions or omissions rise to the level of negligence or malpractice.
To meet the burden of proof in medical malpractice cases, most New Mexico medical malpractice attorneys rely on the testimony of expert witnesses with relevant experience in the same medical field as the defendant. Experts can establish the appropriate level of care and offer their opinion on whether the defendant’s breach of that care caused your injuries.
Defense attorneys can call on their own expert witnesses to provide a rebuttal or opposing viewpoint that supports their clients.
Medical malpractice attorneys in New Mexico can seek various types of damages for their clients depending on the specific circumstances of the case. Damages aim to compensate you for your losses and harm from medical negligence.
Some examples of the types of damages your attorney may seek include:
Your attorney can discuss which damages are appropriate to pursue in your case during your initial consultation.
No. In fact, most medical malpractices cases are settled before they ever see the inside of a courtroom in New Mexico. Going to court is expensive, time-consuming, and can cause undue emotional stress for victims.
Most medical malpractice attorneys understand the value of pursuing a settlement. Attorneys for the plaintiffs often agree because having a medical malpractice case play out in court can draw unwanted attention to their clients.
Settlements are possible at any stage of the medical malpractice claims process. They’re most common after the discovery phase, when defense attorneys have a chance to review the evidence against their clients.
Medical malpractice lawyers have a specific skillset. It’s important to find an attorney with the right experience and expertise to achieve a favorable outcome in your case.
Ask for recommendations from colleagues, family, and friends. Check out reviews for local medical malpractice attorneys. You also can reach out to the New Mexico Bar Association to request a list of qualified lawyers in your area.
Look for an attorney that provides a free consultation. The initial meeting gives you the opportunity to determine if the lawyer is a good fit for your needs.
Bill Russell and Marcus Cameron are the faces behind Cameron & Russell. We go the extra mile for our clients to pursue personal injury claims and provide criminal defense. We approach every case with a fresh eye to detail and the determination to represent our clients to the fullest extent the law allows. We passionately defend clients facing criminal charges, and relentlessly seek out fair compensation for personal injury claims. No matter your situation, we promise to tirelessly represent your legal needs.
500 Marquette Ave NW Suite 1200
Albuquerque, NM 87102
Monday – Friday: 9am to 6pm