Las Cruces Medical Malpractice Attorney

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When you go to a doctor or another healthcare professional for help, you expect them to provide you with the care and treatment you need to get better. Sadly, this isn’t always the case. Medical malpractice is a serious problem that affects countless patients in Las Cruces, NM and throughout the country.

If you or someone you love was hurt due to a negligent doctor, nurse, surgeon, or other healthcare professional, you have the right to seek compensation for your medical bills, lost wages, and other damages.

Medical malpractice cases are notoriously difficult to win, so it is crucial that you have a qualified medical malpractice lawyer on your side. At James Wood Law, we have over a decade of legal experience and can provide the aggressive representation you need.

Call us today at (505) 906-6774 or fill out an online contact form to get started.

Common Types of Medical Malpractice Cases

Medical malpractice can occur in any healthcare setting and can involve a wide range of medical professionals. Below are some of the most common types of medical malpractice cases we handle.

Failure to Diagnose

When you go to the doctor with a medical condition or injury, you trust that they will be able to accurately diagnose your condition and provide you with the care you need. Sadly, this doesn’t always happen. In some cases, a doctor may fail to diagnose a condition or injury entirely. In other cases, a doctor may misdiagnose a condition or injury as something else. Both of these situations can cause serious harm to the patient and may be considered medical malpractice.

Surgical Errors

Surgery is an inherently risky procedure that can have serious consequences. However, most surgical errors are preventable and are often caused by negligence on the part of the surgeon or another member of the surgical team. 

Some of the most common types of surgical errors include:

• Wrong-site surgery: This occurs when a surgeon operates on the wrong part of the body or performs the wrong procedure on the patient.
• Foreign objects: This occurs when a surgical team accidentally leaves a sponge, clamp, or other foreign object inside the patient’s body.
• Anesthesia errors: This occurs when the anesthesiologist administers too much anesthesia, doesn’t administer enough, or administers the wrong type of anesthesia.
• Organ punctures: This occurs when a surgeon accidentally punctures an organ during surgery. It is often caused by the surgeon’s negligence or a defective surgical instrument.

Medication Errors

Medication errors are one of the most common types of medical malpractice cases. 

A medication error can involve a wide range of mistakes, including:

• Giving a patient the wrong medication
• Giving a patient the wrong dosage of medication
• Failing to consider a patient’s allergies or other medications when prescribing a medication
• Administering a medication that is contraindicated

When a medication error occurs, it can cause serious harm to the patient and could even be fatal.

Birth Injuries

When a baby is born, it is often a joyous occasion for the parents and other family members. However, birth injuries can occur and can have a lifelong impact on the child and their family. 

Some of the most common types of birth injuries include:

• Cerebral palsy
• Erb’s palsy
• Brachial plexus injuries
• Facial paralysis
• Fractures
• Brain damage
• Soft tissue swelling
• Hemorrhaging
• Perinatal asphyxia

Birth injuries can be caused by a wide variety of factors, including the negligence of the healthcare professionals in the delivery room. If you believe your child was injured due to a negligent doctor, nurse, or other healthcare professional, it is important that you reach out to James Wood Law right away. We can help you file a claim and seek the compensation you need to cover your child’s medical bills and other damages.

Your Time to File a Claim Is Limited

The statute of limitations is the time limit you have to file a lawsuit. If you try to file a lawsuit after the statute of limitations has expired, it is very likely that the court will refuse to hear your case and you will be unable to seek compensation for your injuries.

In New Mexico, the statute of limitations for medical malpractice cases is three years. This means you have three years from the date of the malpractice to file a lawsuit. 

There are some exceptions to the statute of limitations. For example, if the victim is a child, the statute of limitations may be extended one year past their 18th birthday. Additionally, if the victim is incapacitated, they will have one year after the termination of incapacity to take action.

If you are unsure how the statute of limitations applies to your case, reach out to James Wood Law right away. We can help you file your lawsuit before the statute of limitations expires.

What You Need to Prove in Order to Win a Medical Malpractice Case

Medical negligence is a broad legal term that refers to a healthcare professional’s failure to provide the appropriate standard of care. Medical malpractice is a subset of medical negligence that refers to a healthcare professional’s negligence that causes harm to the patient.

In order to prove medical malpractice, you will need to prove the following elements:

• The healthcare professional had a duty of care to the patient
• The healthcare professional breached the duty of care
• The breach of duty caused the patient’s injuries
• The patient suffered damages as a result

Proving these elements can be difficult, so it is important that you have an experienced attorney on your side, like our Las Cruces medical malpractice lawyers at James Wood Law.

What Are the Most Common Medical Malpractice Mistakes?

Medical malpractice cases are often caused by a wide variety of factors. 

Some of the most common medical malpractice mistakes include:

• Failure to order the appropriate tests
• Failure to properly interpret the test results
• Failure to properly diagnose the patient’s condition or injury
• Failure to properly treat the patient’s condition or injury
• Surgical errors
• Medication errors
• Birth injuries
• Failure to obtain the patient’s informed consent
• Failure to properly monitor the patient’s condition
• Discharging the patient too soon

If you believe you were the victim of medical malpractice, it is important that you reach out to James Wood Law right away. We can review the facts of your case and help you determine whether or not you have a valid claim.

What Can a Medical Malpractice Lawyer Do for You?

Medical malpractice cases are complex and require the assistance of a skilled attorney. A medical malpractice lawyer can review the facts of your case, help you determine whether or not you have a valid claim, and help you seek the compensation you need to cover your medical bills, lost wages, and other damages. 

Some of the specific ways a medical malpractice lawyer can help you include:

• Handle all communication with the insurance company: After you file a medical malpractice claim, the insurance company will likely reach out to you and offer you a settlement. While it is tempting to accept the settlement and move on with your life, it is important that you speak with an attorney first. The insurance company is not on your side and will likely offer you a settlement that is far less than what you deserve. An attorney can review the settlement offer and help you determine whether or not it is in your best interests.
• Investigate your claim: To win a medical malpractice claim, you will need to prove that your healthcare professional was negligent. An attorney can investigate your claim, gather evidence, and interview witnesses to help you build a strong case.
• Work with expert witnesses: In New Mexico, you are required to work with an expert witness who can provide testimony and help you prove that your healthcare professional was negligent. An attorney can help you find the right expert witness for your case and make sure they are prepared to testify on your behalf.
• Negotiate a settlement: Most medical malpractice cases are settled out of court. An attorney can negotiate with the insurance company and fight for a settlement that meets your needs. If a settlement cannot be reached, an attorney can represent you in court and fight for a verdict in your favor.

At James Wood Law, our Las Cruces medical malpractice attorneys have over a decade of legal experience and can help you build a strong case. Call us today to get started.