New Mexico Medical Malpractice Lawyer

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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, failure to provide adequate care or medication, or a mistake make intentionally during a procedure. While mistakes happen often in the medical field, they are only one piece of the malpractice cases. If a physician is negligent, does not reasonably pursue an accurate diagnosis, or makes the wrong diagnosis and goes on to treat it, they can be held responsible. In the case of a reasonable error, the patient is generally only eligible for compensatory damages. If the mistake is malicious or egregious, claimants may be eligible for extensive punitive damages.

Some examples of the most common medical malpractice cases brought against doctors are:
improper diagnosis
failure to diagnose
medication errors
surgical errors
foreign medical instruments left in body
prenatal testing errors
lack of informed content
improper treatment
abandonment of patient

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 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. There is 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 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.

When an individual or a loved one becomes ill, they entrust their well being and faith into the medical professionals that are taking care of them. Not being medical professionals themselves, all decision making regarding testing, treatment and aftercare, rests solely on the doctor. It is vitally important to report any instance of medical malpractice that you encounter in order to prevent it from happening to someone else in the future.

Medical professionals have the safety of their patients in their hands and they're responsible for providing the care that will benefit their patients in the most positive way. And if they don't, patients are strongly urged to seek out legal representation who can advise on the appropriate actions to be taken.


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