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.
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.
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.
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:
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.
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