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Albuquerque Medical Malpractice Lawyer
Representation for Med Mal Claims in New Mexico
At Harvey & Foote, we understand the devastating effects of medical malpractice. We are committed to helping victims of medical negligence get the justice they deserve. Our team of experienced medical malpractice attorneys in Albuquerque, NM is dedicated to providing personalized legal representation and aggressive advocacy for our clients.
Do not wait to get in touch with our firm. Call (505) 295-2245 to speak with an Albuquerque medical malpractice lawyer today.
What is Medical Malpractice?
Medical malpractice refers to professional negligence or misconduct by healthcare providers, such as doctors, nurses, dentists, and other medical professionals, that leads to harm, injury, or even death of a patient. It occurs when the healthcare provider fails to provide the accepted standard of care, skill, or diligence that is expected in their profession.
To establish a medical malpractice claim, certain elements must typically be proven:
Duty: The healthcare provider owed a duty of care to the patient. This duty arises from the provider-patient relationship.
Breach of duty: The healthcare provider deviated from the accepted standard of care. The standard of care is based on what a reasonably competent healthcare provider with similar qualifications and experience would do in the same or similar circumstances.
Causation: The breach of duty by the healthcare provider directly caused or substantially contributed to the patient's harm. It must be demonstrated that the harm would not have occurred in the absence of the healthcare provider's negligence.
Damages: The patient suffered injuries, harm, or losses as a result of the healthcare provider's negligence. These damages can include physical pain, mental anguish, medical expenses, loss of income, and other related losses.
Types of Medical Malpractice
Medical malpractice can occur in various forms, including:
Misdiagnosis or Delayed Diagnosis
This occurs when a healthcare provider fails to correctly diagnose a medical condition or fails to diagnose it in a timely manner, resulting in harm to the patient. For example, a doctor might fail to diagnose cancer, leading to a delay in treatment and a worsened prognosis.
Surgical malpractice can happen when a surgeon makes an error during a procedure, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing the wrong procedure altogether.
This type of malpractice involves mistakes in prescribing, administering, or monitoring medication. Examples include prescribing the wrong medication, incorrect dosages, or failing to consider a patient's allergies or other medications that may interact.
Birth-related medical malpractice can occur when healthcare professionals fail to provide adequate care during pregnancy, labor, or delivery, resulting in harm to the mother or child. Examples include improper use of delivery instruments, failure to monitor fetal distress, or failure to perform a necessary emergency cesarean section.
Anesthesia malpractice can occur if mistakes are made during the administration or monitoring of anesthesia, leading to complications or injuries during surgery. Examples include administering too much or too little anesthesia, failing to monitor vital signs, or not considering a patient's medical history.
Failure to Obtain Informed Consent
Healthcare providers have a duty to inform patients of the risks, benefits, and alternatives of a proposed treatment or procedure. If a patient is not properly informed, and experience harm as a result, it may constitute a claim for failure to obtain informed consent.
Medical Malpractice vs. Medical Negligence
Medical malpractice and medical negligence are terms often used interchangeably, but they have subtle differences:
Medical malpractice specifically refers to professional negligence or misconduct by healthcare providers. It occurs when a healthcare provider deviates from the accepted standard of care in their profession, leading to harm or injury to a patient.
Malpractice involves a breach of the duty of care owed by the healthcare provider to the patient. It typically requires proving elements such as duty, breach of duty, causation, and damages to establish a valid claim.
Medical negligence is a broader concept that encompasses the failure of healthcare providers to meet the standard of care expected of them. It refers to any act or omission by a healthcare provider that falls below the recognized standard of care, resulting in harm to a patient. While medical negligence is often used synonymously with medical malpractice, it can also encompass situations where the harm caused is due to unintentional mistakes or errors, rather than a willful or intentional act of negligence.
Recovering Compensation for Medical Malpractice
We understand that medical malpractice cases can be complex and difficult to prove. Our Albuquerque med mal lawyers have the experience and resources necessary to investigate and build a strong case on your behalf. We are committed to helping you get the compensation you deserve for medical negligence, including:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Wrongful death
We understand that no amount of money can ever make up for the loss of a loved one or the pain and suffering caused by medical malpractice. Our goal is to help you get the justice you deserve.
Hire Our Team for Your Medical Malpractice Case
At Harvey & Foote, we are committed to providing our clients with personalized and responsive legal representation. Our Albuquerque medical malpractice lawyers 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 today for a free consultation.
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