New Mexico Medical Malpractice Lawyer

The term “medical malpractice” applies to any incident in which a healthcare professional’s negligence results in harm to their patient. A medical malpractice claim is a type of personal injury claim filed against the at-fault healthcare professional by the injured victim in their effort to recover compensation for the damages they suffered. A New Mexico medical malpractice lawyer is an invaluable asset for anyone facing such a case.

Experienced New Mexico Medical Malpractice Attorneys for Clients

The Branch Law Firm has more than 40 years of experience helping clients injured by medical malpractice. We know how complex these cases can be and that the average person is likely to have many difficult legal questions about their case that they cannot answer alone. When you choose our firm as your legal counsel, you have a dedicated advocate ready to provide guidance and support through every stage of your case.

In every case we accept, we take time to listen to our client’s story, address their individual concerns, and develop a completely client-focused legal strategy that aims for maximum compensation for their losses. The state enforces many strict laws pertaining to medical malpractice claims, dictating the process for filing such claims as well as the compensation available to an injured plaintiff.

Attempting to handle a medical malpractice suit without legal representation is not a viable strategy for anyone, even if their claim seems perfectly straightforward. Success with a medical malpractice suit will require gathering evidence, attending a review hearing with the state Medical Review Commission, and securing expert witness testimony from a medical professional with equivalent qualifications to the defendant.

The plaintiff also needs to accurately prove the extent of the damages they intend to seek from the defendant. While you may have some understanding of the damages you can seek from the defendant in your case, you are unlikely to uncover the total compensation you are eligible to claim without an experienced attorney’s assistance. Ultimately, you are most likely to win your case and secure a favorable award with the help of a New Mexico medical malpractice lawyer.

Types of Medical Malpractice Claims We Represent in New Mexico

When you are searching for a medical malpractice lawyer to represent you, it is vital to choose an attorney who has solid, proven experience handling cases like yours. At the Branch Law Firm, we regularly assist our clients with all types of medical malpractice claims, including:

• Diagnostic error claims. Any doctor responsible for diagnosing their patients is required to use an appropriate diagnostic process. A diagnostic error claim may pertain to a doctor delivering an incorrect diagnosis or failure to deliver a diagnosis in a timely manner. In either case, the patient’s condition could worsen to a critical level, or they could be subjected to ineffective treatments that pose dangerous side effects.
• Birth injury claims. Attending medical professionals during childbirth procedures must use the utmost care to prevent injuries to mothers or their newborns. A birth injury claim could pertain to cerebral palsy caused by brain damage, failure to perform a timely C-section, or traumatic injury caused by excessive force when extracting a baby from the birth canal.
• Emergency room errors. An emergency room is inherently chaotic, but all emergency room staff are trained to provide the highest levels of patient care at all times. They must also respond to newly admitted patients quickly, treating patients based on the severity of their injuries. An emergency room error claim may pertain to any act of negligence by emergency room staff that results in patient harm.
• Surgical error claims. Every surgical procedure entails some degree of risk, and surgeons are required to explain such risks to their patients so they can provide informed consent to these procedures. A surgical error suit could involve an informed consent violation, an incompetently performed procedure resulting in traumatic injury, or a surgeon leaving tools or materials inside of a patient’s body.
• Medication errors. When a doctor prescribes medication to a patient, they must ensure they prescribe the correct medication at the correct dosage. Administering medication during medical treatment requires similar care, especially when it comes to anesthesia for surgical procedures. It is also possible for a medication error claim to pertain to a pharmacist incorrectly filling a patient’s prescription.

In any medical malpractice suit, the term “standard of care” will be central in these proceedings. The standard of care is the level of treatment a patient requires for a specific diagnosis. The medical community reaches a consensus regarding known ailments, and medical professionals are required to adhere to the standard of care for every patient at all times. They may stray from the standard of care only when the typical course of treatment does not work for a specific patient.

How Do You Determine Medical Malpractice?

Medical malpractice occurs whenever a medical professional’s negligence results in harm to their patient. Success with your medical malpractice suit in the state will require proving that you had a formal doctor-patient relationship with the defendant or that you agreed to their treatment and they agreed to treat you. You must then prove they violated the standard of care that applied to your situation in a manner resulting in the harm you suffered.

You cannot proceed directly to filing a medical malpractice case in court like you could with any other type of personal injury case. State law requires a claimant to submit their case for review to the New Mexico Medical Review Commission. A panel of three medical professionals and three attorneys approved by the commission will review the claim and attempt to answer two important questions:

1. Is there evidence that medical malpractice occurred?
2. Is there evidence that the malpractice harmed the claimant?

The panel’s decision will be provided to the plaintiff and the defendant. However, this report is not admissible if a medical malpractice suit is filed with the court. If the panel determines that the plaintiff was indeed harmed by medical malpractice, they will assist the plaintiff in finding and hiring a medical professional who can provide expert witness testimony to support the plaintiff’s claim.

Damages Available in a New Mexico Medical Malpractice Claim

Many US states limit compensation in medical malpractice cases, typically applying caps to compensation for non-economic damages. The state uses a similar rule, but it works differently. There is an overall cap on compensatory damages in a medical malpractice suit, except for medical expenses arising from the malpractice. There is no cap on compensation when it comes to a plaintiff’s claimed medical expenses resulting from malpractice.

However, other compensation is limited, and the cap adjusts each year to account for inflation. The plaintiff has the right to seek compensation for their lost income, diminished future earning capacity, and pain and suffering, but only up to the limit enforced by state law. Additionally, a defendant will pay only a portion of the total case award. The rest is paid from a state compensation fund.

It is possible for a plaintiff in a medical malpractice case to receive punitive damages along with compensatory damages. As the name suggests, these damages seek to punish the defendant for their actions, and there is no cap on punitive damages in medical malpractice cases. If the court determines that the defendant was egregiously negligent or acted illegally, or if they attempted to conceal their malpractice, punitive damages are likely to be awarded.

How Your New Mexico Medical Malpractice Attorney Can Help Win Your Case

A medical malpractice suit is one of the most complex types of personal injury cases a person can file. Navigating the legal complexities of this type of case and meeting all the procedural demands it entails would be challenging for most average people, so it is vital to have trusted legal counsel on your side if you intend to pursue this type of claim in the state. Your medical malpractice attorney can be an invaluable asset in many ways.

You can rely on the Branch Law Firm to provide ongoing support and guidance from the outset of your case. We can listen to your story, determine whether you have grounds for a claim, and if so, we can guide you through the process of building your case and gathering the evidence needed to establish liability for the harm you suffered. Our goal in every medical malpractice case is to secure maximum compensation for our client as swiftly as possible.

Many medical malpractice cases are settled outside of court, but litigation will be required for some cases. Whatever your situation demands, you can expect responsive and meticulous legal counsel from our team through all stages of the case. Additionally, there is no need to worry about your legal fees as we take medical malpractice clients on a contingency fee basis. You pay our firm a fee only if we win your case, and the fee is a percentage of your case award.

You have a limited time to gather the evidence you may need to win your medical malpractice suit. Contact the Branch Law Firm today to make an appointment for a free consultation with a trustworthy New Mexico medical malpractice lawyer and learn more about the legal services our firm provides.