All of us must receive medical attention at some point in our lives. Whether it is a routine procedure, or specialized treatment for a serious condition, we place our trust and well-being in our doctors’ hands. Unfortunately, there are occasions when a patient suffers harm as a result of negligence by a health care provider. The medical malpractice attorneys at Dominguez Law Firm, LLC are skilled in asserting the rights of individuals in the Albuquerque area. By combining our considerable trial experience with cutting-edge technology, we know how to enhance your chances of getting the compensation you need.Seek Compensation from a Careless Health Care Provider
A patient must establish certain elements in order to recover damages in a medical malpractice case. First, there must be proof that a doctor or other professional owed a duty of care. It then must be shown that this duty was breached and injuries were caused as a result, from which the patient incurred damages. In medical malpractice cases, there is a heightened standard that applies to physicians, surgeons, and other medical providers. Rather than simply acting as a reasonable person would, they must conform to the recognized standards of practice in their community. However, since the medical field is wide-ranging, the appropriate level of care can vary. The standard for a specialist is different from the standard for a general physician.
Because of the complexity involved in medical negligence cases, one of the most important considerations is securing an expert to give opinions before and during trial. This individual can discuss technical aspects of treatment and give an opinion about what a similarly situated health care provider would have done.
A person may not fully discover the extent of his or her injuries until long after an accident or a flawed procedure. In the case of qualified healthcare providers, who pay into the state insurance fund, a patient must take legal action within three years of the medical error, regardless of whether he or she was aware of it. For all other doctors and hospitals, you can file suit within three years of when the malpractice was discovered or reasonably should have been discovered. Therefore, it is essential to obtain qualified legal representation as soon as you suspect you may have been injured by medical negligence.
It is important to know that state law also limits the amount of compensation you may be able to recover in a malpractice case. A patient cannot recover more than $600,000 for any single instance of medical negligence by a qualified healthcare provider. However, this cap does not include punitive damages or damages for treatment needed because of the malpractice. In other words, the limitation only affects forms of compensation such as lost income, pain and suffering, and loss of earning capacity. This cap does not apply to doctors or hospitals that are not qualified healthcare providers. A knowledgeable attorney can explain how the limitations on damages awards may affect your case.Protect Your Rights by Contacting a Medical Malpractice Attorney in Albuquerque
If you or a loved one has been injured as a result of a hospital procedure, or the failure to diagnose a serious condition, you deserve compensation for your harm. The medical negligence lawyers at Dominguez Law Firm, LLC in Albuquerque are compassionate, professional, and prepared to put in the hard work required to assert your right to damages. To speak with an attorney and discuss the circumstances of your case, call us today at (505) 850-5854, or contact us online.