Farmington Medical Malpractice Lawyer

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional—such as a doctor, nurse, surgeon, or hospital—fails to meet the accepted standard of care, resulting in injury or death to a patient. The “standard of care” refers to the level of skill, prudence, and treatment that a reasonably competent healthcare provider would have provided under similar circumstances.

Not every poor outcome qualifies as malpractice. For a valid claim, you must generally prove:

• A doctor-patient relationship existed – The provider owed you a duty of care.
• The provider breached the standard of care – They acted (or failed to act) in a way that a competent provider would not have.
• The breach caused your injury – The negligence directly resulted in harm.
• You suffered measurable damages – Physical, emotional, or financial losses occurred.

Common Examples of Medical Malpractice

Medical errors can occur in any healthcare setting, from emergency rooms to private clinics. Some of the most frequent examples include:

• Misdiagnosis or Delayed Diagnosis: When a doctor fails to diagnose a serious condition—or diagnoses it too late—patients may miss critical treatment windows, leading to worsened outcomes.
• Surgical Errors: Mistakes during surgery can include operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary nerve or organ damage.
• Medication Errors: Prescribing the wrong medication, giving the wrong dosage, or failing to check for dangerous drug interactions can lead to severe complications or death.
• Birth Injuries: Negligence during pregnancy, labor, or delivery can cause permanent harm to both mother and child, including cerebral palsy, Erb’s palsy, or brain damage.
• Anesthesia Errors: Too much or too little anesthesia—or a failure to monitor vital signs—can cause catastrophic injuries, brain damage, or death.
• Hospital Negligence: This includes unsafe sanitary conditions, understaffing, inadequate training, or failing to follow proper medical protocols.

Medical Malpractice Laws in New Mexico

New Mexico has specific laws that affect how medical malpractice claims must be handled. Understanding these rules is essential for building a successful case.

Statute of Limitations

In most cases, you must file a medical malpractice lawsuit within three years from the date of the injury. There are exceptions for minors and situations where the injury was not immediately discovered.

Damage Caps

New Mexico limits certain types of compensation in medical malpractice cases. As of current law, there is a cap on non-economic damages (such as pain and suffering), though economic damages like lost wages and medical expenses are not capped.

Medical Review Commission

Before filing a lawsuit, claims against healthcare providers must be reviewed by the New Mexico Medical Review Commission. This panel examines the evidence and gives a non-binding opinion on whether malpractice likely occurred.

Comparative Negligence

New Mexico follows a “pure comparative negligence” rule, meaning your compensation can be reduced by your percentage of fault. If you are found 20% responsible, for example, your award would be reduced by 20%.

Medical Malpractice FAQs

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

You should consult with a Farmington medical malpractice lawyer as soon as possible. We will review your medical records, consult with experts, and determine whether the facts support a claim.

What types of damages can I recover?

You may be able to recover compensation for medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and in some cases, punitive damages.

Do I need medical records to file a claim?

Yes. Medical records are essential in proving negligence and causation. Our team can help you obtain and review all necessary documentation.

How long will my case take?

Medical malpractice cases often take months or even years to resolve due to the need for expert testimony, medical reviews, and court scheduling.

What if my loved one died due to medical malpractice?

You may be able to file a wrongful death lawsuit to recover damages for funeral expenses, loss of companionship, and other related losses.

Contact a Farmington Medical Malpractice Attorney Today

If you believe you or a loved one has been harmed by a healthcare provider’s negligence, do not wait to seek legal help. The sooner you act, the more time we have to gather evidence and build a strong case. At Harvey, Foote & Baker Law Firm, we are committed to standing up for victims of medical negligence in Farmington and across New Mexico.

Contact us for more information.