Santa Fe Medical Malpractice Lawyer

Santa Fe Medical Malpractice Attorney

There is a reasonable expectation of safety, care, and responsibility when dealing with medical professionals of all kinds. When you put your life in the hands of a trained professional, you should never have to worry about any potential consequences you might suffer should that professional act negligently.

Medical malpractice happens when a medical professional acts in a negligent or unlawful way that results in harm to the patient. If this has happened to you, a Santa Fe medical malpractice lawyer can help.

What Is Medical Malpractice in Santa Fe, NM?

Medical malpractice situations happen all the time in every state, including New Mexico. To successfully bring a medical malpractice claim against a negligent medical professional, you will first have to prove the presence of negligence in your case. Proving negligence is more difficult than it seems.

A New Mexico malpractice claim must have the following elements:

• You were owed a duty of care by the medical professional in question.
• The medical professional breached that duty of care.
• You suffered direct harm as a result of that breach.
• You sustained damages because of that harm.

The New Mexico Medical Malpractice Act sets forth the crucial rules and necessary requirements to meet when pursuing a medical malpractice claim in the state. An experienced medical malpractice lawyer can make sure your claim falls under the rules and requirements of the act. In addition, the state’s statute of limitations for a medical malpractice claim is three years. If you are unable to file within three years, your case may not be considered valid.

Common Types of Medical Malpractice

There is a significant difference between willful ignorance that leads to medical malpractice and a genuine medical error that was largely unavoidable. The distinction between the two is vital to understanding what you can pursue in your case. A knowledgeable lawyer can figure out the strength of your case.

Here are some common types of medical malpractice situations that occur in hospitals and healthcare centers across the country:

• Misdiagnosis: Regrettably, misdiagnosis is not a rare occurrence. There are thousands of different medical conditions out there, and some of them have similar symptoms. If your doctor misdiagnoses your condition, it could lead to incorrect medications and ineffective treatment, which can worsen your condition and even make it untreatable. For a misdiagnosis to count as malpractice, your doctor must have ignored obvious signs of illness that other doctors would catch.
• Surgical Errors: Every surgery has an inherent degree of risk associated with it, as your doctor will surely tell you. If you are affected by those risks, it’s not medical malpractice. If your doctor makes a surgical error that should never have happened during the operation, then it may be malpractice. Such errors include unnecessary surgery, avoidable damage to internal organs, incorrect procedures, and leaving equipment inside the patient.
• Failure to Treat: A failure to treat occurs when the patient is properly diagnosed, but the subsequent treatment never happens. This can happen when a patient is discharged too soon, and a doctor never follows up on their case. To build a malpractice case, you have to establish how your doctor failed to treat you.

Santa Fe Medical Malpractice FAQs

Q: How Much Are Most Medical Malpractice Settlements?

A: The value of most medical malpractice settlements does not give an indication of what yours might be. Every medical malpractice case is different, with its own significant factors, details, and circumstances unique to the individual situation. Some medical malpractice settlements can be considerably high, as the publicity of a malpractice case could be enough to tarnish a medical professional’s reputation, regardless of the verdict.

When negotiating a settlement, it is important to remember that you don’t have to accept any number you think is inappropriate or insulting.

Q: What Is the Cap on Medical Malpractice Claims in New Mexico?

A: The cap on medical malpractice claims in New Mexico is $600,000 for most non-economic damages, such as pain and suffering, emotional distress, and punitive damages. The cap excludes economic damages, such as lost wages, medical treatment, and any ongoing medical costs, such as rehabilitation or physical therapy. Your lawyer can figure out how much your ongoing care and past expenses may cost so you can come to a reasonable settlement amount.

Q: What Is the Statute of Limitations on Medical Malpractice in Santa Fe?

A: The statute of limitations on medical malpractice in Santa Fe is three years. You will have three years from the date of your initial medical malpractice incident to start building a case, gather evidence, speak with a lawyer, and file a medical malpractice claim. If you are unable to file before three years is up, your claim may be dismissed, and you may not be able to seek compensation. Building a case can take time, so you should file as soon as possible.

Q: Who Can Be Sued in a Medical Malpractice Case?

A: Who can be sued in a medical malpractice case depends on who caused your injury and who sought to intimidate you into letting it go. While you will most likely bring a claim against the medical professional who directly caused your situation, you may also wish to bring legal action against the hospital or healthcare center that employed them. Your lawyer can figure out the most effective way to pursue your legal claim.

Reach Out to a Medical Malpractice Lawyer Today

It can feel frustrating and terrifying to be facing a medical malpractice situation. When you put your trust in a medical professional, you should never have to be afraid that they may be negligent in their actions. An experienced medical malpractice lawyer can build a valid case against the ones who have wronged you.

Berenson & Associates, PC, understands the kind of legal assistance you will need when pursuing a medical malpractice case. We can develop your case, gather the necessary evidence, and make sure you aren’t intimidated or threatened by insurance companies or medical corporations. Contact us to schedule a consultation with a team member today.