Santa Fe Hospital Malpractice Attorney

What Is Hospital Malpractice?

Hospital malpractice occurs when a hospital, its staff, or its policies fail to meet the accepted standard of care, resulting in harm to a patient. Unlike general medical malpractice, which may focus on a specific doctor’s mistake, hospital malpractice often involves institutional negligence.

Hospitals are responsible for maintaining safe environments, hiring qualified personnel, properly supervising medical staff, and ensuring patients receive appropriate and timely treatment. When a hospital breaches these duties, the consequences can include severe injury, prolonged illness, or wrongful death.

To prove hospital malpractice in New Mexico, your attorney must demonstrate the following:

1. The hospital owed you a duty of care.
2. The hospital breached that duty by acting negligently.
3. The breach caused your injury or worsened your condition.
4. You suffered damages such as medical expenses, lost wages, or pain and suffering.

At Harvey, Foote & Baker Law Firm, we work with medical experts to analyze your case, determine whether the hospital failed to meet the standard of care, and pursue the compensation you deserve.

Common Examples of Hospital Negligence

Hospital negligence can take many forms. Below are some of the most common ways hospitals fail to protect their patients:

• Medication Errors: Medication mistakes can occur when the wrong drug or dosage is administered, or when medications are improperly labeled or prescribed. A single mistake can cause severe allergic reactions, organ failure, or even death.
• Surgical Errors: Errors during or after surgery may include operating on the wrong body part, leaving surgical instruments inside the patient, or failing to monitor the patient’s condition properly during recovery.
• Inadequate Staffing: Hospitals that are understaffed may push overworked doctors and nurses to make rushed decisions, overlook symptoms, or delay treatment — all of which can lead to critical mistakes.
• Improper Patient Monitoring: Patients in hospitals often require close observation, especially after surgery or when dealing with serious conditions. Failing to monitor vital signs or respond to alarms promptly can result in preventable complications or death.
• Infections and Poor Sanitation: Hospitals must follow strict hygiene protocols to prevent infections. When these standards are ignored — such as failing to sterilize equipment or properly clean rooms — patients can contract dangerous hospital-acquired infections.
• Emergency Room Negligence: ER departments are high-pressure environments. However, misdiagnoses, delayed treatments, or failure to triage patients correctly can still constitute negligence when the hospital fails to follow accepted protocols.
• Negligent Hiring or Supervision: Hospitals have a legal responsibility to hire competent staff and ensure they are adequately trained. When they retain unqualified or dangerous personnel, they can be held liable for any harm caused.

Determining Liability

Determining who is legally responsible for hospital malpractice can be complex. Hospitals often argue that the doctors involved were independent contractors, not employees — attempting to shift blame and avoid liability. However, our Santa Fe hospital malpractice lawyer can help you uncover the truth.

Hospital Liability

Hospitals are directly responsible for the actions of their employees, including nurses, technicians, and administrative staff. If an employee’s negligence causes injury, the hospital can typically be held liable under vicarious liability laws.

Independent Contractor Doctors

Some doctors are independent contractors, meaning the hospital may not be automatically responsible for their mistakes. However, if the hospital failed to verify their credentials, ignored red flags, or misrepresented their employment status to patients, it may still share liability.

Corporate Negligence

A hospital can also be held accountable for systemic failures — such as poor policies, lack of proper supervision, or failure to maintain safe facilities — even if a specific individual wasn’t negligent.

Third-Party Liability

In some cases, outside vendors or contractors (such as maintenance providers or medical equipment suppliers) may share responsibility if their negligence contributed to the harm.

At Harvey, Foote & Baker Law Firm, our legal team thoroughly investigates every aspect of your case to identify all liable parties and maximize your potential recovery.

Compensation in a Hospital Malpractice Claim

Victims of hospital malpractice in New Mexico may be entitled to compensation for both economic and non-economic damages, including:

• Medical expenses (current and future)
• Lost income and loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Wrongful death damages (for surviving family members)

New Mexico’s Medical Malpractice Act also provides certain protections for healthcare providers and sets caps on damages in some cases. A skilled Santa Fe hospital malpractice lawyer can help navigate these legal limits while ensuring your rights are fully protected.

Hospital Malpractice FAQs

How long do I have to file a hospital malpractice claim in New Mexico?

Generally, you have three years from the date of the malpractice or the discovery of the injury to file a claim under New Mexico’s statute of limitations. However, exceptions may apply, especially for minors or delayed diagnoses.

Do I need expert testimony to prove hospital malpractice?

Yes. New Mexico law typically requires expert medical testimony to establish the standard of care and show how the hospital’s actions deviated from that standard.

Can I sue both the hospital and the doctor?

Yes, if both the hospital and the physician contributed to your injuries. Your attorney will review your case to determine who should be named as defendants.

What if I signed a consent form?

A consent form does not excuse negligence. While it acknowledges your awareness of potential risks, it does not protect a hospital from liability if staff failed to act with reasonable care.

How much is my hospital malpractice case worth?

The value depends on the severity of your injuries, the extent of your financial losses, and the impact on your quality of life. Harvey, Foote & Baker Law Firm can evaluate your case and estimate a fair compensation amount.

Contact a Santa Fe Hospital Malpractice Lawyer Today

If you or a loved one were injured due to hospital negligence, don’t face the legal process alone. The team at Harvey, Foote & Baker Law Firm is ready to stand by your side, protect your rights, and hold negligent institutions accountable.

Contact us to find out how we can help you move forward.