There are four elements of negligence:
- The healthcare provider owed you a duty of care
- The healthcare provider breached the duty of care
- You were injured
- Your injuries were caused by the healthcare provider’s breach of the duty of care
Healthcare providers owe a duty of care to their patients. This means that they must provide the same level of care that a reasonably competent healthcare provider would provide in the same or similar circumstances. If a healthcare provider fails to meet this standard of care, they are considered to be negligent.
Not all medical errors are considered to be medical malpractice. In order to have a valid claim, you must be able to prove that you were injured as a result of the healthcare provider’s negligence. You must also be able to prove that your injuries were caused by the healthcare provider’s negligence.
Common Types of Medical Malpractice
Medical malpractice can occur in any healthcare setting, including hospitals (like Lovelace Regional Hospital or the Eastern New Mexico Medical Center in Roswell, NM), clinics, and doctors’ offices. It can also occur in any medical specialty.
Some of the most common types of medical malpractice include:
- Birth injuries
- Cancer misdiagnosis
- Emergency room errors
- Medication errors
- Nursing home negligence
- Surgical errors
What Is the Statute of Limitations for Medical Malpractice in New Mexico?
If you are a victim of medical malpractice, it is important to act quickly. In New Mexico, you have three years from the date of the malpractice to file a lawsuit. If you do not file a lawsuit within this time frame, you will be unable to recover compensation for your injuries.
There are some exceptions to the statute of limitations. If you did not discover the injury right away, for example, you have three years from the date you discovered the injury to file a lawsuit.
Statutory Damage Caps in New Mexico
There is a cap on non-economic damages in medical malpractice cases in New Mexico. Non-economic damages are damages for intangible losses, such as pain and suffering. In New Mexico, you cannot recover more than $600,000 in non-economic damages in a medical malpractice case, except for cases involving permanent injury.
How Our Roswell Medical Malpractice Lawyers Can Help
Medical malpractice cases are complex, and they require the assistance of an experienced medical malpractice attorney in Roswell. At James Wood Law, we have a thorough understanding of New Mexico’s medical malpractice laws, and we know what it takes to win these cases.
When you hire our firm, we will conduct a thorough investigation into your case. We will review your medical records, consult with medical experts, and gather all of the evidence needed to prove that you were the victim of medical malpractice. We will also calculate the full extent of your damages, including your medical expenses, lost income, and pain and suffering.
Our medical malpractice lawyers will aggressively negotiate with the insurance company to get you the compensation you deserve. If the insurance company refuses to make a fair settlement offer, we will not hesitate to take your case to trial. We have extensive litigation experience, and we are not afraid to take on large hospitals and insurance companies in the courtroom.
Schedule a Free Consultation Today
If you or someone you love was the victim of medical malpractice, we are here to help. Contact us today to schedule a free consultation with one of our experienced medical malpractice lawyers in Roswell, NM. We represent clients throughout New Mexico.
Call (505) 906-6774 or contact us online to get started with a free consultation.
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