Medical Malpractice Lawyer in Albuquerque, NM

Medical malpractice is defined as negligence by either an action or inaction by a professional health care provider in which the treatment or lack thereof failed to comply with accepted standards of the medical community and either caused injury or death to the patient.

In caring for a patient a healthcare provider has a duty or a responsibility to use the skill and care ordinarily used by a reasonably well-qualified healthcare provider. A healthcare provider who fails to do so is negligent.

If a treating doctor knows or should know that another doctor with other or better qualifications is needed for the patient to receive better medical treatment, the treating doctor must tell the patient. A doctor has a duty or responsibility to inform or tell a patient about alternatives for treatment and the likely result if a medical condition remains untreated.

Consent is not a defense to negligent medical care or treatment.

Types of Medical Malpractice Claims

Our practice is limited to medical malpractice, personal-injury, and wrongful-death cases. We do not represent clients in any other area of law. By limiting our practice to these types of cases, we can provide the best representation we are capable of providing in those areas of the law.

Timing Is an Important Part of Prosecuting Your Case

Have you been injured or lost a loved one due to negligence, recklessness, or malice? Timing is often an important part of prosecuting your case. Witnesses will need to be interviewed before their memories fade. 

Accident sites will need to be inspected and photographed before they are changed. Dangerous products will need to be examined and photographed before they are altered or repaired. Medical records will need to be gathered. Many steps will need to be taken to ensure a fair recovery.

What Role Does the Medical Review Commission Play in New Mexico Malpractice Cases?

In New Mexico, before a medical malpractice lawsuit may go to court, an application must first be filed with and approved by the Medical Review Commission (New Mexico Statutes Annotated, § 41-5-15). 

The application must be filed by an attorney. During this process your application will be reviewed by 3 panel members from the medical field and 3 from the New Mexico State Bar commission, which will be chaired by a fourth lawyer. (New Mexico Statutes Annotated, § 41-5-17). The hearing typically occurs up to 60 days after the application is submitted.

During Their Review, the Commission Will Be Required to Answer Two Questions:

Is there substantial evidence that medical malpractice may have occurred? Is there reasonable medical probability that the patient was injured because of the malpractice?

Negative results do not prevent claimants from taking their lawsuit to court. A positive outcome, while not admissible in court, can still be beneficial to the claimant because the Commission will often cooperate in helping the claimant locate a medical expert witness to support them in court.

Damage Caps for Medical Malpractice Lawsuits in New Mexico

In some, but not all, cases, there are damage caps for medical malpractice claims. A damage cap sets a limit on how much financial compensation you may receive for certain damages. New Mexico Statutes Annotated, Section 41-5-6 lays out a complex scheme of limits depending on when and where you or someone you know was harmed. Until 2022, limits against medical providers were $600,000. Starting in 2022, limits are increasing each year, and now can be between $600,000 and $4 million, depending on multiple factors.

The cost of past and future medical care is never limited. However, we are always looking for ways to bust the cap and ensure you receive fair compensation.