Alamogordo Medical Malpractice Attorney

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider — such as a doctor, nurse, hospital, or clinic — fails to meet the accepted standard of care, resulting in harm to a patient. The “standard of care” refers to the level and type of care that a competent, similarly trained professional would have provided under the same circumstances.

Medical malpractice is not simply a bad outcome. To qualify as malpractice, the following elements typically must be proven:

• Duty of Care – The provider had a professional obligation to treat the patient according to accepted medical standards.
• Breach of Duty – The provider failed to meet that standard of care.
• Causation – The breach directly caused the patient’s injury or worsening condition.
• Damages – The patient suffered measurable harm, such as physical injury, emotional distress, or financial loss.

Common Forms of Medical Malpractice

Medical malpractice can take many forms, ranging from surgical errors to misdiagnoses. Some of the most common include:

• Misdiagnosis or Delayed Diagnosis: Failing to identify a condition in a timely manner can lead to serious complications or even death. Common examples include missed cancer diagnoses, heart attack misdiagnosis, and delayed identification of infections.
• Surgical Errors: Mistakes during surgery — such as operating on the wrong body part, leaving surgical instruments inside a patient, or causing unnecessary injury — can result in long-term harm or additional surgeries.
• Medication Errors: These may involve prescribing the wrong drug, administering the wrong dosage, or failing to account for dangerous drug interactions or allergies.
• Birth Injuries: Negligence during labor or delivery can cause lifelong disabilities, such as cerebral palsy, Erb’s palsy, or brain damage to newborns.
• Anesthesia Errors: Improper anesthesia administration can cause brain damage, severe injury, or wrongful death.
• Failure to Treat: Even after a correct diagnosis, failure to follow standard treatment protocols or prematurely discharging a patient can be considered malpractice.

New Mexico Medical Malpractice Laws

Medical malpractice claims in New Mexico are governed by specific state laws that can affect your case. Here are key points you should know:

Statute of Limitations

In New Mexico, medical malpractice lawsuits generally must be filed within three years of the date of the malpractice. However, exceptions may apply — for example, when the patient is a minor or when the injury is discovered later.

Medical Review Commission

Before filing a lawsuit, most cases must first be reviewed by the New Mexico Medical Review Commission. This panel evaluates the evidence to determine whether the claim has merit.

Damage Caps

New Mexico places limits on the amount of compensation you can receive in medical malpractice cases. As of current law, total damages (excluding medical care and related benefits) are capped at $750,000. This includes compensation for pain and suffering.

Comparative Negligence

If you are found partially at fault for your injury, your compensation may be reduced proportionally. For example, if you are found 20% at fault, your award will be reduced by 20%.

Medical Malpractice FAQs

How do I know if I have a medical malpractice case?

If you suffered harm because a medical provider failed to meet the standard of care, you may have a case. An attorney can review your medical records and consult with experts to determine whether malpractice occurred.

What kind of compensation can I recover?

You may be entitled to recover medical costs, lost wages, pain and suffering, rehabilitation expenses, and other related damages. In rare cases, punitive damages may be awarded for especially reckless conduct.

How long will my case take?

Medical malpractice cases can take months or even years to resolve, depending on the complexity, availability of expert witnesses, and whether the case goes to trial.

Can I file a claim for a family member who died from malpractice?

Yes. If malpractice results in death, you may be able to file a wrongful death lawsuit on behalf of your loved one.

Why Choose Harvey, Foote & Baker Law Firm?

Medical malpractice cases are complex, requiring extensive investigation, expert testimony, and a deep understanding of both legal and medical issues. At Harvey, Foote & Baker Law Firm, we:

• Conduct thorough reviews of medical records
• Consult with respected medical experts
• Identify breaches in the standard of care
• Build compelling evidence to support your claim
• Negotiate aggressively with insurance companies
• Take your case to trial if necessary

Our goal is to help you recover compensation for medical expenses, lost income, pain and suffering, and other damages so you can focus on your recovery.

By contacting us, you gain access to compassionate advocates who are dedicated to your recovery and justice.