Albuquerque Medical Malpractice Lawyer
For nearly all Americans, it’s standard to receive medical attention at some point in their lives. Whether it’s a routine procedure or specialized treatment for a serious condition, we place our trust and well-being in our doctors’ hands. Unfortunately, however, there are occasions in which a patient suffers harm because the healthcare provider is not skillful or careful. When this is the case, it’s crucial that the at-fault medical professional be held accountable for their harmful behavior to uphold community medical standards. Fortunately, help is right around the corner at Dominguez Law.
The experienced Albuquerque medical malpractice attorneys at Dominguez Law are skilled in protecting and fighting for the rights of individuals throughout the Albuquerque area. 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, don’t hesitate to reach out to our firm today.
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 makes it possible for patients to recover monetary compensation from any harm that results from the substandard medical treatment. However, it’s important to note that dissatisfaction with the outcome of the treatment doesn’t necessarily imply malpractice. It’s only malpractice if negligence causes harm or injury, among other things. That is why it is important that you call us for a free consultation to discuss your potential medical malpractice case.
What You Need to Know About Medical Malpractice Claims
If you or a loved one are considering a medical malpractice lawsuit, it’s crucial that you understand certain nuances with New Mexico law as it relates to medical malpractice claims. Here are a few to keep in mind:
Understanding Standards of Care
It’s crucial that doctors and other professionals conform to the recognized standards of practice in their community. However, because the medical field is wide-ranging, the appropriate level of care can vary depending on the injury or illness you face. For instance, the standard for a specialist may be different than that of a general physician. Your lawyer can help you determine if your injury rose to the level of malpractice. In order to prove that the healthcare provider gave negligent treatment or care, you must show that the healthcare provider fell below acceptable medical standards.
Statute of Limitations
It’s important to note the statute of limitations for New Mexico medical malpractice claims as soon as possible in your potential case. Failing to meet the statute of limitations will forever bar you from filing a lawsuit for the substandard medical treatment you or a loved one received. In the case of qualified health care providers who pay into the state insurance fund, patients must take legal action within three years of the medical error, regardless of whether they were aware of it. When the medical negligence happened, not when the injury occurred, is when the statute of limitations begins to run. This is especially noteworthy because a person may not fully discover the extent of their injuries until long after a doctor committed medical negligence or botched a procedure. For all other doctors and hospitals, however, you can file suit within three years of when the malpractice was discovered.
You must contact a New Mexico medical malpractice attorney as soon as you suspect you or a loved one were the victim of medical negligence to ensure statute of limitations issues are met.
Understanding Standards of Care
It’s also important to know that state law limits the amount of compensation you can recover in a malpractice case. In general, a patient can’t recover more than $600,000 for any single instance when the healthcare provider is covered under the Medical Malpractice Act. This cap doesn’t include punitive damages or damages for medical treatment needed in the future 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. However, New Mexico law is changing to raise the arcane monetary compensation limits in the near future.
Dominguez Law Can Help You Secure Witnesses and Specialists
Because of the complexity involved in medical negligence cases, one of the most important considerations when pursuing this kind of case is to secure an expert specialist who can give opinions before and during the trial. This individual can discuss technical aspects of treatment and give an opinion about what a similarly situated health care provider would have and should have done in the same situation. At Dominguez Law, we specialize in providing strong and experienced expert witnesses to help with your potential case.
Protect Your Rights by Contacting an Experienced Medical Malpractice Lawyer in Albuquerque
Medical malpractice is unfortunate but all too common in today’s health care system. Preventable Medical Errors are the 3rd 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’s 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, professional, and prepared to protect your rights in court. We take cases all throughout New Mexico, including Albuquerque. To speak with an attorney and discuss the circumstances of your case, call us at 505-596-4481, or contact us online today.