We have been representing victims of medical malpractice throughout New Mexico since 2005. Call us 24/7 to learn how we can help you.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or hospital, fails to provide the standard of care expected in their field, resulting in injury or harm to the patient. This can include misdiagnosis, surgical errors, medication mistakes, or neglect.
To prove medical malpractice in New Mexico, a patient must demonstrate:
- Duty of Care: The medical professional owed a duty to the patient.
- Breach of Duty: The professional failed to meet the accepted standard of care.
- Causation: The breach directly caused harm or injury.
- Damages: The patient suffered measurable harm, such as physical injury, emotional distress, or financial loss.
Understanding these elements is crucial when pursuing a medical malpractice claim, and an experienced Albuquerque medical malpractice lawyer can guide you through this process.
Common Forms of Medical Malpractice
Medical malpractice can take many forms, including but not limited to:
- Misdiagnosis or Delayed Diagnosis: Failure to correctly diagnose a condition can prevent timely treatment, worsening the patient’s health.
- Surgical Errors: Mistakes during surgery, such as wrong-site operations, infections, or leaving instruments inside the patient, are a common cause of malpractice claims.
- Medication Errors: Incorrect prescriptions, dosage mistakes, or failure to consider patient allergies can lead to serious complications.
- Birth Injuries: Negligence during pregnancy, labor, or delivery can result in injuries to both mother and child.
- Anesthesia Errors: These errors can occur if mistakes are made during the administration or monitoring of anesthesia, leading to complications or injuries during surgery.
- Failure to Treat or Monitor: Neglecting to follow up on test results or not monitoring patients properly can have life-threatening consequences.
Each of these scenarios can have lasting physical, emotional, and financial impacts on patients and their families. An Albuquerque medical malpractice lawyer can investigate your case and identify the responsible parties.
Medical Malpractice Laws in New Mexico
Medical malpractice claims in New Mexico are governed by specific state laws, which establish the standards for filing a lawsuit and the limits on damages. Some key aspects include:
- Statute of Limitations: In New Mexico, you typically have three years from the date of injury or two years from when the injury was discovered to file a medical malpractice claim.
- Damage Caps: New Mexico law may limit certain types of damages, such as non-economic damages, depending on the specifics of the case.
- Expert Testimony: Most malpractice claims require expert medical testimony to prove that the healthcare provider deviated from the standard of care.
Navigating these laws can be complex. Having an Albuquerque medical malpractice lawyer ensures your claim meets all legal requirements and maximizes your chances of obtaining fair compensation.
Who is Liable?
Liability in medical malpractice cases can extend to a range of healthcare providers and institutions. Those potentially responsible include:
- Individual doctors or surgeons
- Nurses and other medical staff
- Hospitals, clinics, or surgical centers
- Pharmaceutical companies (in some cases)
- Medical device manufacturers
Determining liability often involves reviewing medical records, treatment protocols, and expert opinions.
Compensation Available to Injured Patients
Patients who suffer due to medical negligence may be entitled to various types of compensation, including:
- Medical Expenses: Coverage for past, present, and future medical bills related to the injury.
- Lost Wages: Compensation for income lost due to the injury or inability to work.
- Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life.
- Punitive Damages: In rare cases of gross negligence, additional damages may be awarded to punish the at-fault party.
Our Albuquerque medical malpractice lawyer can accurately assess your damages and help pursue the compensation you deserve.
Medical Malpractice FAQs
Q: How do I know if I have a valid medical malpractice case?
A: If you suffered harm due to a healthcare professional’s negligence, and you can prove duty, breach, causation, and damages, you may have a valid case. Consultation with a medical malpractice lawyer is crucial.
Q: How long does a medical malpractice case take?
A: The timeline varies depending on case complexity, severity of injuries, and court schedules. Some cases settle in months, while others may take several years.
Q: What should I do if I suspect medical negligence?
A: Seek medical attention immediately, keep detailed records of all treatments, and contact an experienced Albuquerque medical malpractice lawyer as soon as possible.
Q: Do I have to go to court to get compensation?
A: Not necessarily. Many medical malpractice claims are resolved through negotiation and settlement. However, a lawyer will prepare to take your case to trial if necessary.
Hire Our Team for Your Medical Malpractice Case
At Harvey, Foote & Baker Law Firm, we are committed to providing our clients with personalized and responsive legal representation. Our Albuquerque medical malpractice attorneys will take the time to understand your case and will work with you to develop a strategy that best meets your needs.
If you or a loved one has been the victim of medical malpractice, contact Harvey, Foote & Baker Law Firm today for a free consultation.
What Sets Us Apart
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You Deserve Maximum CompensationOur team is committed to standing up for the injured in New Mexico. When you or your loved one have been harmed because of someone else's negligence, you don't just deserve compensation, you deserve justice.
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You Deserve an Experienced Legal TeamOur attorneys have handled thousands of cases and are true legal innovators when it comes to pursuing cases. We have the tools, resources, and knowledge to properly obtain maximum compensation on your behalf.
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You Deserve New Mexico AdvocatesAt Harvey, Foote & Baker Law Firm we are New Mexico-based attorneys who understand how scary and difficult this time can be. When you work with us, we can guarantee that you, your family, and your case are of the highest priority to us.
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You Deserve Dedicated RepresentationSince 2005 our team has been solely dedicated to protecting the rights of those injured and mistreated in nursing homes throughout the state. We know and understand how the system works and how to obtain the best possible outcome on your behalf.
Real Clients. Real Stories.
Hear From Past Clients Who Have Worked With Harvey, Foote & Baker Law Firm
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There are no words to express my appreciation for everyone at the Harvey, Foote & Baker Law Firm. You gave my mom her dignity back and made sure she wasn't just a number. Of course, we would rather her still be with us but you enabled her to leave a legacy to her grandchildren. You helped us through the worst time of our lives and got justice for my mom. I always knew that I had the best team on my side!!Carla S.
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Our lives were changed by tragedy in December 2012, but the team at Harvey, Foote & Baker were a sight for sore eyes. We were lucky to have such smart and talented attorneys and staff who fought hard for us. I will never forget the professionalism, care, and sincere attention you always gave us. You've made a huge difference in my life, and I am grateful to all of you!Lydia S.
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The team at Harvey, Foote & Baker is wonderful and compassionate. They worked hard to help us after losing our father due to neglect of care. They continue to fight for our family, and we appreciate them so much. Highly recommend.Michael C.
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Harvey, Foote & Baker Law Firm is the team you want looking out for your best interests. You can rest assured knowing they are on your side. The many obstacles facing your case will be met by their dedicated team of professionals.Norberto G.
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“Having the BEST attorneys on our side brought about an even better than expected outcome. Thank you, Dusti, Jennifer, and all of your amazing staff!!”Mara H.
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“We were astounded by how thorough you were, delightful towards us, but tough against the other side. We were shocked that you were able to recover so much money for our family.”Cindy
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“Ms. Dusti Harvey and Ms. Jennifer Foote and their staff were an AMAZING firm to work with!!! Their staff kept me in the loop through the entire process.”Tammi L.
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“Dusty and her crew were there to pick up the pieces and made sure that they kept us informed from the smallest thing to the biggest. I will forever be grateful to you.”Hermelinda P.
