We have been representing victims of medical malpractice throughout New Mexico since 2005. Call us 24/7 to learn how we can help you.
Albuquerque Medical Malpractice Lawyers
Let Us Help You Seek Justice
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.
Call (505) 295-2245 to speak with an Albuquerque medical malpractice lawyer. Your initial consultation is free.
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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 or hospital 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 misdiagnose or fail to diagnose cancer, leading to a delay in treatment and a worsened prognosis.
Surgical Errors
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.
Medication Errors
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 Injuries
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 Errors
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
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
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 medical malpractice lawyers in Albuquerque 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 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.
How To Choose a Medical Malpractice Attorney
Choosing the right medical malpractice attorney is crucial to ensuring that you receive proper representation and have the best chance of success in your case.
Here are some key steps and considerations to help you select the right attorney:
- Experience and Specialization: Look for attorneys who specialize in medical malpractice cases. Experience in this specific area of law is essential because medical malpractice cases are complex and require a deep understanding of both legal and medical issues. Check the attorney's track record of handling similar cases and their success rate.
- Reputation and Reviews: Research the attorney's reputation in the legal community. Read online reviews and testimonials from previous clients. Look for any disciplinary actions or complaints filed against the attorney. You can also check with your state's bar association for any relevant information.
- Consultation: Schedule a consultation with the attorney. Many attorneys offer free initial consultations. Use this opportunity to ask questions about their experience, approach to handling cases, and their assessment of your case. Pay attention to how well they listen to your concerns and explain legal concepts.
- Resources and Network: Medical malpractice cases often require expert testimony from medical professionals. Ensure that the attorney has access to a network of medical experts who can support your case. Additionally, check if the attorney has the resources to handle the costs associated with gathering evidence, conducting depositions, and other legal expenses.
- Communication: Effective communication is vital in legal matters. Choose an attorney who is responsive and keeps you informed about the progress of your case. They should be willing to answer your questions and provide regular updates.
- Comfort and Trust: Trust your instincts when selecting an attorney. You need to feel comfortable and confident in their ability to represent you. A good attorney-client relationship is built on trust and open communication.
- Local Knowledge: Consider choosing an attorney who is familiar with the local court system and has experience working with local judges and opposing counsel. This can be an advantage in navigating the legal process effectively.
By following these steps and carefully evaluating potential attorneys, you can find a qualified medical malpractice attorney who will advocate for your best interests and help you navigate the complexities of your case. If you have any questions reach out to our firm today. Our attorneys are backed by years of experience and have recovered millions on behalf of our clients.
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 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 today for a free consultation.
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