Las Cruces Medical Malpractice Lawyer

When medical professionals fail to provide the standard of care that their patients deserve, the results can be devastating. If you or a loved one has been injured due to a doctor’s mistake, you need a trusted Las Cruces medical malpractice lawyer to help navigate the complex legal system.

At Branch Law Firm, we have accumulated over 50 years of experience advocating for countless clients who have suffered from physician negligence. Our compassionate and knowledgeable team is here to fight for your rights and ensure that you receive the financial recovery you deserve.

Understanding Medical Malpractice

Medical malpractice occurs when a doctor, physician, or other healthcare provider fails to adhere to the accepted standard of care, resulting in harm to the patient. This negligence can take many forms, including:

• Misdiagnosis or Delayed Diagnosis. Failing to identify a medical condition in time can lead to worsened health outcomes or death.
• Surgical Errors. Mistakes made during surgery, like operating on the wrong site or leaving instruments inside the body, can lead to significant injuries.
• Medication Mistakes. Errors in prescribing, administering, or dispensing medication can cause adverse reactions, incorrect dosages, or allergic reactions.
• Birth Injuries. Negligence during childbirth, like improper use of forceps or failure to monitor the fetus, can result in life-altering conditions.
• Failure to Treat. When a doctor fails to provide the necessary treatment for a diagnosed condition, it can lead to severe complications and permanent injuries.

In cases of medical malpractice, the victim or their family can pursue legal action to seek damages for the harm they’ve suffered. The legal team at the Branch Law Firm is here to help you understand the legal process and ensure that your case is thoroughly investigated.

Common Medical Malpractice Injuries

The injuries resulting from medical malpractice can be life-altering. Common injuries include:

• Brain Damage. Due to misdiagnosis or surgical error, brain injuries can lead to long-term cognitive and physical disabilities.
• Chronic Pain. Injuries caused by a doctor’s mistake can lead to lasting physical pain and require ongoing treatment.
• Permanent Disability. Some victims suffer permanent disabilities due to improper medical care, leaving them unable to work or perform daily activities.
• Emotional Distress. The trauma from medical negligence can also result in emotional and psychological harm, like anxiety, depression, and post-traumatic stress disorder (PTSD).
• Death. In the most severe cases, medical malpractice can lead to wrongful death, causing heartache for families who must cope with the loss of a loved one.

These injuries not only affect the victim but can also place a financial strain on the entire family due to medical costs, lost income, and long-term care needs.

The Legal Process for Medical Malpractice Claims

Pursuing a medical malpractice claim in New Mexico involves several steps. The first is to gather evidence to support your case. This includes medical records, professional opinions from other physicians, and testimony about the treatment you received.

Once the evidence is collected, our legal team can determine if the healthcare provider’s actions deviated from the accepted standard of care. If this is the case, we can file a claim to seek the compensation you deserve.

It’s important to note that New Mexico has a statute of limitations for medical malpractice claims. You must file a claim within three years from the date the malpractice occurred or within one year from when you discovered the injury, whichever comes first. If the case involves a wrongful death, the statute of limitations is typically two years from the date of death.

Damages Available in Medical Malpractice Claims

You may be entitled to various types of damages when pursuing a medical malpractice claim, including:

• Economic Damages. These are designed to cover financial losses like medical bills, lost wages, and rehabilitation costs.
• Non-Economic Damages. These compensate for the intangible losses caused by the injury, including pain and suffering, emotional distress, and loss of quality of life.
• Punitive Damages. In cases where the doctor’s behavior was particularly reckless or egregious, the court may award punitive damages as a way to punish the responsible party and deter similar conduct in the future.

At the Branch Law Firm, our legal team is committed to securing fair compensation for our clients. We work tirelessly to ensure that every detail is considered in your case and that your rights are protected.

Why You Need a Las Cruces Medical Malpractice Lawyer

Medical malpractice cases are complex and require an elevated level of experience. Healthcare providers and their insurance companies often have vast resources to defend against claims, so it’s crucial to have a lawyer who knows how to level the playing field.

With over 50 years of experience, Branch Law Firm understands the nuances of medical malpractice law and is dedicated to fighting for victims of physician negligence. We handle all aspects of your case, from gathering evidence to negotiating settlements, so you can focus on healing.

FAQs

Q: What Is the Difference Between Medical Malpractice and Medical Negligence?

A: While the terms are often used interchangeably, medical negligence typically refers to a mistake, action, or inaction made by a healthcare provider that does not meet the standard of care. Medical malpractice occurs when a patient is injured as a result of medical negligence. Our legal team can better advise you on which term applies to your situation after reviewing your case.

Q: Can I File a Claim If My Doctor Didn’t Tell Me About a Risk?

A: If a doctor failed to inform you of the risks involved in a procedure or treatment, it may be considered a form of medical malpractice called lack of informed consent. Proving a lack of informed consent can be very difficult, as hospitals and physicians have a patient sign a ream of paperwork before undergoing any procedure. It is likely that the risk was stated somewhere in the mountain of paperwork. However, with a thorough investigation, nothing is off the table.

Q: Can I File a Malpractice Claim If I Was Not Immediately Hurt?

A: Yes, in some cases, the statute of limitations can be flexible, especially when the discovery of the illness or injury takes time to diagnose. This allows you to file a claim up to one year from discovering the injury, even if the malpractice occurred years prior. When in doubt, our legal team can review every aspect of your case and advise you on the way forward.

Q: Can I File a Claim Against the Hospital or Just the Doctor Involved?

A: You may be able to file a claim against the hospital as well as the doctor if the malpractice occurred within the scope of the hospital’s operations. This is particularly true in cases involving hospital employees or negligence by hospital staff. Our legal team can better advise you on what is possible after reviewing your case.

Contact Branch Law Firm Today

If you or a loved one has been injured due to medical malpractice, the Branch Law Firm in Las Cruces is here to help. With over five decades of experience, our legal team is ready to fight for your rights and ensure that you receive the compensation you deserve. Contact us today to schedule a consultation, and together, we can take the first step toward recovery.