Medical malpractice generally occurs when a doctor or surgeon is negligent in their treatment of a patient. This can be in the form of a wrong diagnosis, late diagnosis or a mistake. While mistakes happen often in the medical field, they are only one piece of the malpractice cases. If a physician is negligent or does not reasonably pursue an accurate diagnosis or makes the wrong diagnosis they can be held responsible. In the case of a reasonable error generally the patient is eligible only for compensatory damages. If the mistake is malicious or egregious claimants may be eligible for punitive damages.

Finding a medical malpractice attorney may seem daunting but with the help of the internet and good old-fashioned research it is not difficult. If you have no money to retain a lawyer, you can find one that will represent you on a contingency basis. This means you do not pay unless you win. This means that you will consult with an attorney, present the facts as you know them and they will decide if they take the case. The lawyer or firm you pick to represent you should have the resources available to hire expert witnesses and investigate your claim. In the state of New Mexico the statute of limitations says you must bring action within three years from the day the alleged malpractice happened. The rules vary on children and in some cases with adults. They put a cap on damages of $600,000 but this does not include punitive awards or medical expenses. They do not have a cap on the fees your attorney can charge you so that will be decided between you and your attorney at the beginning of your case. If your case involves a government entity, the rules change a bit and the burden of proof is increased. You must prove negligence and the caps change. All cases in the state of New Mexico must be reviewed by a medical review commission.

When interviewing an attorney for your case give them all the facts up front, leaving nothing out. If you are partly responsible for your injury speak up as this does not mean you do not have a case. It only means that your damages could be affected to account for your portion of responsibility. If you decide to retain the attorney read through all the agreements and make sure you understand your responsibilities in the proceedings.

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