Medical malpractice is a term that is used to describe negligent or reckless behavior from a medical professional. When patients face additional pain and suffering because of these actions, it is possible that they may have the right to seek compensation from a medical malpractice civil claim. It is important to know what could be considered medical negligence and what is a normal risk or effect from a medical procedure.
Despite medical advances, it is estimated that, every week, approximately 20 people undergo the wrong surgery or procedure. If a New Mexico patient is a victim of a wrong-site surgery or similar incident, it is possible that there are grounds for legal action against the health care provider. A patient may also be a victim of malpractice if surgical equipment is used incorrectly, medicine is incorrectly prescribed or safety and hygiene standards are not observed.
The omission of proper care may be hard to prove, and the line between expected risk and malpractice may be blurred. A patient may not have a case if he or she is simply dissatisfied with the health care provider or is experiencing normal post-care issues. However, when there is concern over a situation regarding patient care and possible malpractice, it is always within the rights of a New Mexico individual to have the case evaluated.
If a medical malpractice claim is granted, the specific amount of the award will depend on the circumstances of the case. This will depend on damage that has been done and evidence presented on behalf of the victim and family. This may also include any ongoing psychological issues resulting from the malpractice incident.
Source: healthnewsdigest.com, "What is Medical Malpractice?", Dec. 17, 2014