Santa Fe Medical Malpractice Lawyer 

Experienced Legal Representation for Medical Negligence Victims in New Mexico

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, resulting in harm or injury to a patient. If you or a loved one has been a victim of medical malpractice in Santa Fe, NM, James Wood Law is here to help. Our experienced team of medical malpractice attorneys is dedicated to fighting for justice and obtaining maximum compensation for our clients.  

Call James Wood Law today at (505) 906-6774 or contact us online to schedule a meeting with our medical malpractice attorney in Santa Fe!

What is Medical Malpractice

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or medical institution, fails to provide appropriate and competent care to a patient, leading to harm, injury, or even death. Malpractice can occur due to negligence, omission, misdiagnosis, improper treatment, or a breach of the standard of care expected in the medical community.

Proving medical malpractice in court typically requires the following elements to be established:

1. Duty of Care: The plaintiff (the injured patient or their representative) must demonstrate that the healthcare provider owed a duty of care to the patient. This duty arises from the patient-doctor relationship or the patient-hospital relationship.
2. Breach of Duty: The plaintiff must show that the healthcare provider breached the standard of care. Standard of care refers to the level of skill, care, and diligence that a reasonably competent medical professional in the same field would have provided under similar circumstances.
3. Causation: It must be established that the healthcare provider's breach of duty directly caused the patient's injury or harm. In other words, the patient must prove that the injury would not have occurred if the healthcare provider had not acted negligently.
4. Damages: The plaintiff must show that they suffered actual harm or damages due to medical malpractice.

Common Types of Medical Malpractice Cases

Common types of medical malpractice cases include:

• Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to correctly diagnose a patient's condition or disease, or there's a significant delay in diagnosing it, harm results due to delayed treatment or inappropriate care.
• Surgical Errors: These cases involve mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, damaging organs or nerves, or performing unnecessary procedures.
• Medication Errors: Medication-related malpractice occurs when a healthcare professional administers the wrong drug or dosage or fails to consider potential drug interactions, leading to patient harm.
• Birth Injuries: These cases arise when medical professionals provide inadequate care during childbirth, leading to injuries to the baby or mother. Examples include cerebral palsy, brachial plexus injuries, and other birth-related complications.
• Anesthesia Errors: Anesthesia mistakes can cause severe harm or even death. Errors may include administering too much or too little anesthesia, using the wrong type of anesthesia, or failing to monitor the patient properly during the procedure.
• Failure to Obtain Informed Consent: If a patient is not adequately informed about the risks, benefits, and alternatives of a medical procedure or treatment and suffers harm as a result, this may lead to a medical malpractice case.
• Hospital-acquired Infections: Healthcare facilities must maintain a safe environment and prevent infections. If a patient acquires an infection due to negligence or unsanitary conditions in a hospital, it may lead to a malpractice claim.
• Negligent Postoperative Care: After surgery, patients require proper monitoring and care. It may be considered medical malpractice if a healthcare provider fails to provide adequate postoperative care, resulting in complications or harm.
• Failure to Follow Standards: Medical professionals must adhere to established standards of care for a patient's condition. If they deviate from these standards and harm the patient as a result, it can be grounds for a malpractice case.
• Wrongful Death: In cases where a patient dies due to medical negligence, their family or estate may file a wrongful death lawsuit against the responsible parties.

Types of Damages in a Medical Malpractice Claim

In a medical malpractice claim, several types of damages can be pursued to compensate for the harm caused by negligent medical care. These damages are designed to help victims recover financially and emotionally from the impact of medical errors. Common types of damages include:

• Medical Expenses: Coverage for all related medical bills, including hospital visits, surgeries, prescriptions, therapy, and any future medical care needed due to the malpractice.
• Lost Wages: Reimbursement for income lost due to an inability to work while recovering from the injuries caused by malpractice.
• Diminished Earning Capacity: If the malpractice leads to permanent injuries or long-term disabilities, the victim may be compensated for losing future earning potential.
• Pain and Suffering: Monetary relief for the physical and emotional distress endured due to the negligent medical care.
• Loss of Consortium is payment for the negative impact on relationships with family members, such as the loss of companionship, comfort, or support.
• Punitive Damages: In extreme cases, when the healthcare provider's actions were incredibly reckless or malicious, the court may award punitive damages to punish the wrongdoer and prevent similar conduct. 

What is the Statute of Limitations for a Medical Malpractice Claim?

In New Mexico, victims of medical malpractice must file their claim within a specific time frame, known as the statute of limitations. The right to pursue legal action may be lost if this deadline is missed. The typical statute of limitations in New Mexico is as follows:

• Standard Deadline: Generally, a medical malpractice lawsuit must be filed within three years of the negligent act or omission.
• Discovery Rule: If the injury or harm wasn’t immediately apparent, the three-year period may begin from when the injury was discovered or should have been reasonably discovered.
• Minors: In cases involving minors under the age of six, a medical malpractice claim can typically be filed until the child turns nine.
• Government Employees: If the claim involves a medical provider employed by a government entity, special rules and shorter deadlines may apply.

Act quickly is crucial, as missing the statute of limitations can prevent you from recovering any compensation.

Why Choose James Wood Law?

Our team will thoroughly investigate your case, gathering all necessary evidence, including medical records, expert opinions, and witness statements. We leave no stone unturned in building a strong and compelling case on your behalf.

We will aggressively negotiate with the responsible parties and insurance companies to seek a fair and just settlement for your injuries. We aim to secure the maximum compensation you deserve, including medical expenses, lost wages, pain and suffering, and any other damages you have incurred due to medical malpractice.

We are prepared to take your case to trial if a fair settlement cannot be reached. Our experienced trial attorneys will present your case in court, skillfully advocating for your rights and fighting for the compensation you deserve. We have a track record of success in the courtroom and will not back down from a fight.

When it comes to medical malpractice cases, experience and expertise matter, here's why you should choose James Wood Law:

• Experience: We have years of experience handling complex medical malpractice cases and have successfully obtained significant settlements and verdicts for our clients.
• Expertise: Our Santa Fe attorneys specialize in medical malpractice law and stay updated on the latest legal developments and medical advancements.
• Personalized Attention: We understand that every case is unique, and we provide individualized attention and tailored legal strategies to meet your specific needs.
• Compassionate Advocacy: We genuinely care about our clients and are committed to providing compassionate support throughout the legal process.

Contact Our Santa Fe Medical Malpractice Attorney Today

Medical malpractice claims are often challenging and require expert legal support to protect your rights. At James Wood Law, we are committed to helping victims in Santa Fe who have suffered due to negligent medical care. Whether your case involves a diagnostic error, surgical mistake, or any other form of malpractice, our experienced attorneys are here to fight for the compensation you need and deserve. Contact us today to schedule a consultation and explore your legal options.

Contact James Wood Law today to meet with our medical malpractice lawyer in Santa Fe!