Medical Malpractice

It takes a lot of faith to put our lives into the hands of others. Patients do just that every time they consent to receive medical care and treatment. Their health and well-being – sometimes even their lives – are on the line when they trust in medical practitioners and healthcare facilities. Whether they are receiving treatment for a minor injury or having open-heart surgery, there is an expectation they will be safe and secure in the hands of medical professionals. 

Unfortunately, that is not always the case. Third, only behind heart disease and cancer, medical errors are the leading cause of death in the U.S. It is unclear how many people may be living with permanent disabilities caused by negligent medical care, since many do not publicly discuss their injuries.  The Institute of Health estimated that as many as 1 in 5 Americans are the victims of medical malpractice. Roughly 40 percent of those patients said they did not file a complaint about medical errors because they were unsure of how to make one.

What is Medical Malpractice?

Medical malpractice, by its legal definition, occurs when a healthcare provider or facility breaches their duty of care to a patient. Claimants must be able to prove intent when pursuing a medical malpractice case. What that means is there must be evidence to support that a healthcare professional deliberately broke with the protocol or failed to use proper procedure, resulting in temporary or permanent injury or disability to the patient. 

What is Medical Negligence?

Not to be confused with medical malpractice, medical negligence is the term used when a medical practitioner or healthcare facility makes an “honest mistake” during a patient’s care. While their error may cause pain or injury to the patient, it was not done with intent, so the action is viewed differently in the eyes of the law. Patients are still able to sue for damages in cases of medical negligence. Our team can help determine whether yours is a case of medical malpractice or medical negligence and make recommendations for pursuing the claim. 

What Kinds of Medical Errors are Considered Medical Malpractice in Albuquerque?

Sometimes even the best and brightest medical professionals and facilities are not immune to making mistakes. To err is human, but when those medical missteps cause the temporary or permanent disability of the patient in their care, healthcare providers must be held accountable. 

Malpractice claims happen when some of these common medical errors occur:

  • Misdiagnosing an ailment or condition is a popular reason for filing a medical malpractice lawsuit. While it sometimes is difficult to pin down the cause of symptoms, sometimes medical practitioners are too inattentive to stick with difficult cases or misread the cues presented. Their failure to provide a correct diagnosis can be the difference between life and death for their patients. 
  • Prescription mistakes are another leading cause of medical malpractice lawsuits. When patients are prescribed medication for conditions they do not have or are provided with the wrong medication by accident, serious injury and even death can result. Drugs used to treat cardiovascular disease are cited as the most common medication error, followed by medicines for the treatment of diabetes. Sometimes these mistakes are made by the medical professional who prescribed the medication. It could be they prescribed a medication for a condition the patient did not actually have, or they ordered the wrong dosage of a drug. Other times, the pharmacist is at fault. They may fill the wrong prescription for the patient or fail to recognize potential interactions and contraindications.
  • Anesthesia is intended to put patients in an induced state of unconsciousness so they will not feel any pain associated with certain medical procedures. When an anesthesiologist fails to administer the correct dosage, patients can wake up while still in surgery or be able to feel pain but not be able to alert the surgeons or nurses to the problem. Sometimes too much anesthesia is administered, causing severe damage and even death. 
  • Injuries suffered in childbirth to either the mother or the baby qualify as medical malpractice. When medical practitioners fail to identify complications before delivery, or misuse birthing tools or methods, mother and baby can be left with debilitating injuries. 
  • Cosmetic surgery is considered elective, but there still are protections in place should patients fall victim to unscrupulous plastic surgeons. Doctors and facilities can be held accountable if they knowingly engage in procedures or use materials known to be defective that cause injury or illness to their patients. 
What is the Statute of Limitations for Medical Malpractice in Albuquerque?
Claimants have three years from the date of the alleged malpractice to file in New Mexico. We advise consulting with us right away to ensure your rights to litigate are preserved. We will work quickly to evaluate your case and file your claim within the required timeframe.
What are the Chances of Settling?

It always is our preference to spare clients the discomfort of going through a court hearing. They can last days or even weeks, and create additional stress at a time when our clients may still be recovering from or dealing with lasting injuries. Oftentimes, defendants prefer to settle to spare themselves the public embarrassment of having their “dirty laundry” aired.  

Call Cameron & Russell for a Free Case Evaluation

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. 

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  • 500 Marquette Ave NW Suite 1200
    Albuquerque, NM 87102

  • P: 505-218-7844
    F: 505-672-5128

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