What is medical malpractice in New Mexico?
Medical malpractice is often defined as negligence by a medical professional. However, negligence or a medical mistake alone does not always establish a successful medical malpractice claim.
Medical negligence requires a medical professional's breach of the medical standard of care resulting in injury or harm to a patient. The standard of care for medical professionals differs from the general standard of care of a reasonable person in that it analyzes the situation according to similarly trained and experienced medical professionals under similar circumstances.
Here we've put together some of the most frequently asked questions about medical malpractice we get at Gauthier & Maier Law Firm, P.C., but if you are considering filing a suit, you should call us at 505-226-3205 to obtain sound, legal advice about your case.
When can I sue a doctor or another medical professional in New Mexico for an injury?
The first requirement for suing a doctor or other medical professional is that a doctor/patient relationship existed between you and the medical professional when the harm occurred. Additionally, the medical professional's negligence must be causally connected to your injury or harm.
It is also important to note that medical malpractice claims are typically required to be filed soon after an injury or harm occurs because of the deadlines set by each state, known as the statute of limitations, which could bar a claim if not met. Additionally, many New Mexicans receive care from government medical providers
When can I sue a hospital or another medical establishment in New Mexico for an injury?
A hospital or other medical establishment can be sued for a patient's injury under certain circumstances. The main question is whether the negligent doctor or other medical professional was an employee of the hospital or other medical establishment at the time of the negligence and injury.
In some cases, hospitals may purposely make it difficult to determine if a doctor is an employee of a hospital to avoid liability. An additional question is whether the doctor or other medical professional was acting under the scope of their job-related duties when the negligence occurred.
What are the most common types of New Mexico medical malpractice claims?
Unfortunately, there are many forms of medical malpractice that could lead to significant harm to a person and result in a lawsuit. Some of the most common forms of medical malpractice include:
- Failure to diagnose
- Misdiagnosis
- Delayed diagnosis
- Surgical errors and anesthesia errors
- Unnecessary surgery
- Medication errors
- Birth injuries
Although a doctor might engage in one of the common forms of medical malpractice, such action does not always result in a malpractice claim, especially if no harm or injury results.
What is a medical malpractice case worth in New Mexico?
It is important to understand that each medical malpractice case has a unique set of factual circumstances that determine the case's value. A successful medical malpractice claim also requires significant evidence and testimony, which is often challenging without an experienced legal professional.
With that being said, some of the key factors that affect the value of a case include the severity of the doctor's negligence, the significance of the injury and harm, other factors related to the injuries, and any negligence by the patient.
Do You Need a Medical Malpractice Attorney in New Mexico?
Medical malpractice cases are incredibly difficult and require compliance with many additional state laws and court rules. As such, a medical malpractice attorney could make the difference in securing a favorable settlement or verdict.
A legal professional understands the evidence and testimony needed in a medical malpractice case. This could include requesting evidence from a hospital or securing a medical expert to assist in establishing a breach of the medical standard of care. At Gauthier & Maier Law Firm, P.C., we understand this and have the tools and experience to successfully win a medical malpractice suit. Fill out our online form or call us at 505-226-3205 to schedule a Free Consultation to learn more.