Albuquerque Medical Malpractice Lawyer
For nearly all Americans, it is standard to receive medical attention at some point in their 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. The healthcare provider may not be skilled or careful, which sometimes results in harm to the patient. When this is the case, it is essential to hold the medical professional accountable for their negligent behavior to uphold adequate medical standards. The Albuquerque medical malpractice lawyers at Dominguez Law are ready to assist you.
By combining our considerable trial experience with cutting-edge technology and our immense knowledge of New Mexico’s medical malpractice laws, our team of skilled lawyers may be able to enhance your chances of getting the compensation you need and deserve. If you or a family member suffered an injury, do not hesitate to reach out to the experienced medical malpractice attorneys at Dominguez Law who are skilled in protecting and fighting for the rights of individuals throughout the Albuquerque community.
What Is Medical Malpractice?
Medical malpractice occurs when healthcare professionals fail to take appropriate action, neglect to provide the correct treatment, or drop below current medical standards that cause harm, injury, or death to a patient. Examples of medical malpractice include:
- Surgical errors or botched surgery
- Misdiagnosis of critical medical condition
- Failure to diagnose or give timely medical treatment
- Incorrect or wrong prescription medication
- Failing to fully inform the patient of the medical treatment or medical treatment options
Fortunately, medical malpractice laws in New Mexico make it possible for patients to recover monetary compensation for any harm that results from substandard medical treatment. However, it is important to note that dissatisfaction with the outcome of the treatment does not necessarily imply malpractice. It is only malpractice if negligence causes harm or injury, among other things. That is why it is important that you call our medical malpractice lawyers for a free consultation to discuss your potential medical malpractice case.
Types of Damages Available in Medical Malpractice Cases
In medical malpractice cases, damages refer to the monetary compensation awarded to the injured party due to the harm they suffered because of the negligence or wrongdoing of a healthcare provider. The types of damages available in medical malpractice cases can vary depending on the specific circumstances of the case, but some common types of damages sought in medical malpractice lawsuits include:
These damages cover quantifiable financial losses, such as past and future medical expenses, physical therapy and rehabilitation costs, lost wages (past and future), and reduced earning capacity.
Non-economic damages are intended to compensate for subjective losses that are not easily quantifiable. They may include pain and suffering, emotional distress, and loss of enjoyment of life.
In some cases, punitive damages may be awarded in addition to compensatory damages. Punitive damages are meant to punish the defendant for particularly reckless or intentional misconduct and to deter others from engaging in similar behavior. However, punitive damages are usually subject to certain limitations.
Wrongful Death Damages
If a medical malpractice case involves the death of the patient, the surviving family members may be able to seek damages through a wrongful death claim. These damages can include compensation for:
- Funeral expenses
- Loss of financial support
- Loss of companionship
- Emotional suffering resulting from the loss of a loved one
Each case is unique, and the damages awarded will depend on the evidence presented, the severity of the injury, and other factors considered by the court or jury. Consulting with an experienced medical malpractice attorney is crucial to understanding the potential damages available in your specific situation.
How a Medical Malpractice Lawyer Can Help You
Albuquerque medical malpractice lawsuits are complex and require the help of an experienced medical malpractice lawyer. To have a successful case, you need elements, such as a medical review commission, to be within the statute of limitations, among other strict rules. A medical insurance company will try to reject your claim or significantly reduce your settlement amount. Working with a seasoned medical malpractice lawyer can assist you in navigating the extensive claims process and obtaining successful negotiations with the insurance company. Other reasons a medical malpractice attorney is essential for your claim include:
Obtaining Persuasive Evidence
Having persuasive, objective evidence is vital in every medical malpractice case. A seasoned medical malpractice lawyer will conduct a thorough investigation, gather pertinent details, and evaluate findings in order to find the much-needed proof required for a successful outcome.
Obtaining Expert Witness Testimony
An experienced medical malpractice lawyer has access to expert professionals that can provide credible witness testimony. A defendant doctor or other medical professional may take notice of expert witness testimony and may alter the way they view and evaluate a case depending on who the plaintiff hires.
A skilled medical malpractice attorney in Albuquerque, NM will be familiar with highly regarded local experts that can be witnesses for testimony. This can help ensure the best outcome for your case and obtain the best recovery. Expert witnesses are brought in to give their professional opinions on applicable cases. In the cases of medical malpractice, healthcare or technical insight could be helpful in proving negligence.
Obtaining Favorable Settlements Through Negotiations
Obtaining favorable settlement negotiations is one of the most essential benefits of hiring an experienced medical malpractice lawyer. Not all medical malpractice cases go to court, and a lot of the time, they rely on aggressive negotiation for the most favorable outcome for the client. Negotiation settlements through insurance are an option for both physicians, medical professionals, and hospitals. During settlement negotiations, a skilled Albuquerque medical malpractice attorney can help determine if the sum offered is adequate for the damages sustained by the client.
What Is Considered Medical Malpractice in Albuquerque?
Albuquerque medical malpractice falls into personal injury law, which is heavily dependent on negligence. As a victim of medical malpractice, you possess a burden of truth, and it requires you to provide objective evidence to support the following claims:
- The medical professional owed you a duty of safe and adequate care, diagnosis, and treatment.
- The medical professional failed this duty of care by acting with negligence.
- These negligent actions perpetuated by the physician or medical professional harmed the patient.
- The patient, in turn, received physical and emotional damage due to the medical professional’s actions.
Proving these claims requires the retrieval of evidence such as pertinent medical records, correspondence, pictures, or other tangible objective evidence. A seasoned Albuquerque medical malpractice lawyer can help assist you in obtaining strong evidence for your case to help ensure a favorable outcome.
Medical malpractice is considered to be any actions or behavior that a skilled, careful medical professional would not have exhibited. This is meant to encompass a wide range of irresponsible acts that may be exhibited by a medical professional. Medical malpractice can be one or more of the following acts:
Inadequate Communication Between Patients and Medical Professionals
When there is inadequate communication between the patient and medical professional, the patient may be left in the dark about pertinent details, or mistakes can be made. It may even result in treatment or diagnoses that do not accurately represent the patient’s condition.
Deviated Treatment Plan
When a medical professional deviates from the agreed-upon treatment plan, it can lead to feelings of violation, surprise, or discomfort from the patient because treatment was done without consent.
When negligence happens accidentally, it may still cause harm to the patient. This still requires the medical professional to take full responsibility for the damage caused to the patient.
When a medical professional has patient-related biases, it can lead to substantial harm to the patient. In some instances, these biases can lead to making inaccurate diagnoses, treatment plans, or medical guidance.
Protect Your Rights by Contacting an Experienced Medical Malpractice Lawyer in Albuquerque, NM
Medical malpractice is unfortunate but all too common in today’s health care system. Preventable medical errors are the third leading cause of death in the United States. If you or a loved one suffered a severe or life-changing injury due to a medical error or bad medical treatment, it is essential to secure an experienced medical malpractice lawyer who can fight for any monetary damages associated with the incident. Please call the knowledgeable medical malpractice attorneys at Dominguez Law.
Our team of skilled lawyers is compassionate, aggressive, professional, and prepared to protect your rights in court. We take cases all throughout New Mexico, including Albuquerque. To speak with a Albuquerque medical malpractice attorney and discuss the circumstances of your case, call us at (505) 317-9837, or fill out our contact form today. Our office is located less than 10 minutes from Pete V. Domenici U.S. Courthouse. We also speak Spanish.
Helpful Articles From Our Albuquerque Medical Malpractice Lawyers
- 5 Birth Injuries That Could Constitute Medical Malpractice in New Mexico
- The Many Causes of Medical Malpractice
- What is a Medical Misdiagnosis and When is it Grounds for a Lawsuit?
- What is the Statute of Limitations for Medical Malpractice in New Mexico?
- What Qualifies as Medical Malpractice in New Mexico?