Roswell Medical Malpractice Attorney

What is Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. The "standard of care" refers to the level of skill and treatment that a reasonably competent medical professional would provide under similar circumstances.

To prove medical malpractice in New Mexico, you typically must show:

1. A doctor–patient relationship existed.
2. The provider owed you a duty of care.
3. The provider breached that duty by acting negligently or failing to act appropriately.
4. The breach caused your injury or worsened your condition.
5. You suffered damages such as medical bills, lost income, or pain and suffering.

Medical malpractice can happen in any healthcare setting—emergency rooms, operating rooms, delivery rooms, or even during routine check-ups.

Common Forms of Medical Malpractice

At Harvey, Foote & Baker Law Firm, we have seen a wide range of malpractice cases in Roswell and throughout New Mexico. Some of the most common include:

• Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition—or diagnosing the wrong condition—can result in delayed treatment, unnecessary procedures, or preventable harm.
• Surgical Errors: This includes operating on the wrong body part, leaving surgical instruments inside a patient, or performing unnecessary surgery.
• Medication Errors: Prescribing the wrong drug, the wrong dosage, or failing to check for harmful drug interactions can lead to severe complications.
• Birth Injuries: Negligent prenatal care, failure to monitor fetal distress, or improper use of delivery tools can cause lifelong injuries to newborns and mothers.
• Anesthesia Errors: Administering too much or too little anesthesia, or failing to monitor the patient, can result in brain damage, coma, or death.
• Failure to Treat: Even when a condition is diagnosed, malpractice can occur if a provider fails to recommend or provide proper treatment.

Medical Malpractice Laws in New Mexico

Medical malpractice cases in New Mexico are governed by specific state laws that can significantly affect your case.

Statute of Limitations

In most cases, you must file a medical malpractice lawsuit within three years of the date the malpractice occurred. However, certain exceptions exist, such as for minors or cases where the injury was not immediately discovered.

Damage Caps

New Mexico law limits the total amount of compensation in medical malpractice cases against qualified healthcare providers to $600,000, not including past and future medical care costs.

Medical Review Commission

Before filing a lawsuit, most cases must be reviewed by the New Mexico Medical Review Commission to determine if there is sufficient evidence of malpractice.

Comparative Negligence

New Mexico follows a pure comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault for your injury.

Because these laws are complex, it’s essential to work with an experienced Roswell medical malpractice attorney who understands the nuances of New Mexico’s legal system.

Medical Malpractice FAQs

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

If you suffered an injury or worsened condition due to a healthcare provider’s negligence, you may have a valid claim. The best way to know for sure is to consult with a qualified malpractice attorney.

Can I sue a hospital for medical malpractice?

Yes. Hospitals can be held liable for the negligence of their employees, including doctors, nurses, and other staff, under certain circumstances.

How much compensation can I recover?

Compensation may include medical expenses, lost wages, pain and suffering, and loss of enjoyment of life. However, New Mexico caps certain damages, as noted above.

How long does a malpractice case take?

These cases can take months or even years, depending on their complexity, the number of parties involved, and whether the case settles or goes to trial.

Do I have to pay upfront legal fees?

At Harvey, Foote & Baker Law Firm, we work on a contingency fee basis—you pay nothing unless we win your case.

Why Choose Harvey, Foote & Baker Law Firm?

We understand that medical malpractice cases can be emotionally draining and legally complex. At Harvey, Foote & Baker Law Firm, we offer:

• Extensive Experience in medical malpractice litigation.
• Access to Medical Experts who can evaluate your case and testify on your behalf.
• Personalized Attention—we treat every client with compassion and respect.
• Aggressive Representation to pursue the maximum compensation possible.

Our goal is not only to win your case but also to help you find a sense of justice and closure.

By contacting us, you take the first step toward resolving your legal challenges, securing your rightful compensation, and alleviating the burdens caused by negligence.