Las Cruces Medical Malpractice Lawyer

What is Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider delivers care that falls below the accepted standard, causing harm to a patient. Not every poor outcome qualifies as malpractice. Instead, the key question is whether a competent provider in the same situation would have acted differently and prevented the harm.

When negligence causes life-altering injuries, victims and their families face financial, physical, and emotional challenges. That is where we step in to help.

Common Forms of Medical Malpractice

Medical malpractice can occur in nearly every healthcare setting. Below are some of the most common forms of negligence we see in cases across Las Cruces and throughout New Mexico:

• Misdiagnosis and Delayed Diagnosis: Failing to identify or delaying the diagnosis of conditions like cancer, stroke, or heart disease can cost patients critical treatment time and lead to devastating outcomes.
• Surgical Errors: Mistakes in the operating room, such as operating on the wrong site, leaving instruments inside a patient, or causing unnecessary damage, often result in long-term harm.
• Medication Errors: From prescribing the wrong drug to mixing up dosages, medication errors can cause serious side effects or even death.
• Birth Injuries: Negligence during pregnancy, labor, or delivery can lead to severe conditions such as cerebral palsy, Erb’s palsy, or brain damage in newborns.
• Anesthesia Errors: Improper anesthesia administration can lead to oxygen deprivation, brain damage, or wrongful death.
• Hospital Negligence: Inadequate staffing, poor infection control, or failure to monitor patients properly can all contribute to malpractice in hospital settings.

If you believe your case falls into one of these categories—or another form of negligence—we encourage you to contact our office for a free case evaluation.

Medical Malpractice Laws in New Mexico

Understanding New Mexico’s malpractice laws is critical for protecting your claim.

Statute of Limitations

In New Mexico, most medical malpractice claims must be filed within three years from the date of the negligent act. Missing this deadline typically means losing the right to seek compensation. However, there are exceptions for minors and cases involving fraud or concealment.

Damages Caps

New Mexico places a cap on damages in medical malpractice cases. As of current law:

• Total compensation is limited to $750,000 (excluding future medical expenses)
• Future medical care costs are not capped
• Punitive damages may apply in cases of extreme misconduct

Medical Review Commission

Before filing a lawsuit, many claims must first be reviewed by the New Mexico Medical Review Commission, which determines whether malpractice likely occurred. While this step does not replace a trial, it is an important requirement in the claims process.

Having our Las Cruces medical malpractice attorney ensures you meet all legal deadlines, navigate commission reviews, and build the strongest case possible.

Why Choose Harvey, Foote & Baker Law Firm?

At Harvey, Foote & Baker Law Firm, we bring experience, resources, and compassion to every malpractice case. Our firm is committed to:

• Thorough investigation – We work with top medical experts to analyze records, testimony, and standards of care.
• Aggressive advocacy – We pursue maximum compensation for medical bills, lost wages, future care needs, and pain and suffering.
• Personalized attention – Every case is unique. We listen closely to your story and tailor a legal strategy to your needs.
• Trial readiness – While many malpractice cases settle, we prepare every claim as if it will go to trial.

You should not have to face hospitals, insurers, and legal teams alone. With Harvey, Foote & Baker Law Firm on your side, you have an advocate who will fight tirelessly for your rights.

Medical Malpractice FAQs

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

If your injury was caused by a healthcare provider’s failure to meet the accepted standard of care, you may have a case. An attorney can review your records and consult with experts to determine if negligence occurred.

What damages can I recover in a malpractice lawsuit?

Victims may recover compensation for medical expenses, lost income, loss of earning capacity, pain and suffering, and future care needs. In certain cases, punitive damages may also be available.

How long will a malpractice case take in New Mexico?

These cases are complex and may take months or years to resolve. Factors include the severity of injuries, the need for expert testimony, and whether the case goes to trial.

Can I still sue if I signed a consent form?

Yes. A consent form does not excuse negligence. If a provider acted carelessly or below the standard of care, you may still have a valid claim.

How much does it cost to hire a medical malpractice lawyer?

At Harvey, Foote & Baker Law Firm, we work on a contingency fee basis. This means you pay nothing upfront and no fees unless we recover compensation for you.

Contact a Las Cruces Medical Malpractice Attorney Today

If you or someone you love has been harmed by medical negligence, don’t wait to seek legal help. At Harvey, Foote & Baker Law Firm, we are proud to serve patients and families throughout Las Cruces, NM, and the surrounding communities.

Contact Harvey, Foote & Baker Law Firm today to let us fight for your compensation.