Our law firm has handled thousands of New Mexico nursing home abuse claims and is ready to help your family. We offer free consultations.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care and, as a result, causes harm to a patient. Not every negative medical outcome qualifies as malpractice—medicine is complex, and sometimes results are unpredictable. However, if a provider acted negligently or failed to provide the level of care that a reasonably competent professional would have in the same situation, you may have a valid claim.
A malpractice claim allows patients to pursue financial recovery for medical expenses, lost income, pain and suffering, and other damages related to the injury.
Common Types of Medical Malpractice
Medical malpractice can take many forms. Some of the most common cases our Santa Fe attorneys handle include:
- Misdiagnosis and Delayed Diagnosis: A doctor’s failure to correctly diagnose a condition—or diagnosing too late—can result in missed treatment opportunities and serious harm.
- Surgical Errors: Mistakes in the operating room, such as operating on the wrong body part, leaving instruments inside a patient, or causing nerve damage, can have lifelong consequences.
- Medication Errors: Pharmacists, doctors, or nurses may prescribe or administer the wrong drug or incorrect dosage, potentially leading to severe side effects or worsening of a condition.
- Birth Injuries: Negligence during pregnancy, labor, or delivery may cause conditions like cerebral palsy, shoulder dystocia, or brain damage in newborns.
- Anesthesia Errors: Improper administration of anesthesia, including failing to account for allergies or medical history, can cause permanent injury or even wrongful death.
- Hospital Negligence: Hospitals themselves may be liable for poor staffing, inadequate sanitation, or negligent hiring practices that endanger patients.
New Mexico Medical Malpractice Laws
If you are considering pursuing a medical malpractice claim in Santa Fe, it’s important to understand how New Mexico law applies to these cases.
Statute of Limitations
In New Mexico, most medical malpractice lawsuits must be filed within three years of the date the malpractice occurred. However, certain exceptions exist, especially for cases involving minors or when the negligence is not immediately discoverable.
Medical Review Commission Requirement
Before filing a lawsuit, patients must first submit their case to the New Mexico Medical Review Commission. This panel reviews evidence to determine whether malpractice may have occurred.
Caps on Damages
New Mexico law places a cap on damages in medical malpractice cases against qualified healthcare providers. The cap limits non-economic damages (like pain and suffering), though it does not restrict compensation for medical care or punitive damages in some cases.
Comparative Negligence
New Mexico follows a comparative negligence rule. This means if you were partially responsible for your injury, your compensation may be reduced by your percentage of fault.
These laws can be complex, which is why working with our Santa Fe medical malpractice attorney is critical to protecting your rights.
Why Choose Harvey, Foote & Baker Law Firm?
At Harvey, Foote & Baker Law Firm, we understand the devastating impact medical negligence can have on your health, family, and financial stability. Our team provides:
- Personalized representation: We take the time to understand your case and goals.
- Proven results: We have experience securing fair settlements and verdicts for malpractice victims.
- No upfront fees: We work on a contingency basis—you pay nothing unless we win.
- Local experience: As a firm serving Santa Fe, we are familiar with New Mexico’s medical malpractice laws and legal processes.
Medical Malpractice FAQs
How do I know if I have a medical malpractice case?
You may have a claim if a healthcare provider’s negligence directly caused your injury or worsened your condition. Consulting with an attorney is the best way to evaluate your situation.
What damages can I recover in a malpractice case?
Compensation may include medical expenses, lost wages, loss of earning capacity, pain and suffering, and future medical costs.
Do I need expert testimony in my case?
Yes. In most cases, medical experts are required to testify about how the provider’s care fell below the accepted standard.
How long does a malpractice lawsuit take?
These cases are often complex and may take months or even years to resolve, depending on the evidence, expert reviews, and negotiations.
What if my loved one died due to medical negligence?
You may pursue a wrongful death claim, which allows surviving family members to seek compensation for funeral expenses, lost financial support, and emotional suffering.
Speak With a Santa Fe Medical Malpractice Lawyer Today
If you or a loved one has been harmed due to the negligence of a doctor, nurse, or hospital, don’t wait to get legal help. The sooner you speak with a lawyer, the stronger your case may be.
Call (505) 295-2245 today for a free consultation and let us help you take the first step toward justice.
What Sets Us Apart
-
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.
-
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.
-
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.
-
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
-
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.
-
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.
-
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.
-
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.
-
“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.
-
“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
-
“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.
-
“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.
