How Do You Prove Medical Malpractice in New Mexico?

Not all negative healthcare outcomes are due to medical malpractice. Sometimes, unavoidable issues come up that aren’t the doctors’ fault. In other cases, though, it’s provider negligence that’s to blame for your injuries. When that’s the case, how do you prove medical malpractice in New Mexico?

How to Tell a Medical Provider Was Negligent

You or your loved one may have a valid medical malpractice claim on your hands if you suffered a personal injury or a worsening of your condition due to doctor negligence. If issues occurred, you should consult an attorney about pursuing an actionable medical malpractice claim. Issues can include:

• Misdiagnosing a condition or delaying its diagnosis
• Surgical errors
• Medication errors
• Birth Errors
• Anesthesia errors
• Failure to obtain informed consent
• Premature discharge

Proving Medical Negligence

There are four elements that you’ll need to prove to show that the doctor or other healthcare provider was medically negligent. These are:

• Duty of care. Doctors owe their patients a duty to provide them with a standard of care that meets or exceeds the generally accepted standards within their field.
• Breach of duty. Sometimes, doctors provide substandard care that does not meet their duty to their patients.
• Causation. To have a medical malpractice claim, the doctor’s failure to follow accepted standards of care must have directly led to your injury or a worsening of your condition.
• Damages. As a result of the mistake, you must have suffered compensable damages.

You may need to work with other medical professionals who can testify that a doctor’s provision of care fell below the standard of care, or that their failure led directly to your injuries. We can help you make arrangements with a witness who can testify on your behalf.

Negligent Prescription of Medicine or Medical Devices

Medical professionals can also be held liable for negligently prescribing medications or devices. This may be the case if they prescribe an inappropriate medication or dosage, or if they ignore a medical device manufacturer’s instructions. Pharmaceutical companies can also be held liable for the products they make if they malfunction, or if the company fails to warn you of potential dangers of a drug.

Failure to Obtain Informed Consent

If a doctor at a nearby medical facility like UNM Hospital fails to get a patient’s informed consent before administering a treatment or procedure, that patient may have a claim. An attorney can help you determine the right way to move forward with this type of complex case.

Understanding Res Ipsa Loquitur

The law recognizes that proving medical negligence can be challenging because patients sometimes don’t know what caused their injuries. If the injury could not have occurred without the provider’s negligence, an injured patient may invoke “res ipsa loquitor.” At that point, they need only to show that the injury would not have happened without the doctor’s mistake.

Documents and Evidence in Malpractice Cases

There are certain types of documents you can collect to support your attorney as they build a medical malpractice case. Additional evidence can be obtained through the discovery process. You can:

• Sign a medical records release form that allows your attorney to retrieve relevant records from your healthcare professionals.
• Collect medical bills for treatment and testing.
• Provide an accurate list of your doctors and other medical providers.
• Document evidence of lost wages.
• Keep any documents you receive from the defendant.

How Common Is Medical Negligence?

In one recent study, New Mexico had the highest rate of medical malpractice in the country, with 130.98 cases per 1,000 practitioners. If you’ve suffered as a result of medical negligence, you are not alone.

FAQs

How Hard Is It to Prove Medical Malpractice?

It can be very hard to prove medical malpractice. You must prove complex medical facts and show clear negligence under strict legal rules. You may need to hire medical professionals to testify that the doctor’s actions fell below professional standards, and there is a high burden of proof that it’s more likely than not that the doctor’s negligence caused the harm. You can improve your chances of success by working with a skilled medical malpractice lawyer.

What Is the Statute of Limitations for Medical Malpractice Claims in New Mexico?

The statute of limitations for medical malpractice claims in New Mexico is three years from the date that the injury occurred. Don’t wait until this deadline is approaching to file your claim, though. Hire a medical malpractice lawyer to help you with your case as soon as you’ve been medically stabilized, while it’s still easy to collect evidence and your recollection of the events is clear.

What Is the Average Medical Malpractice Settlement Amount?

There is no such thing as an average medical malpractice settlement amount. Every case is different, and so is every settlement. The amount of compensation you receive could vary depending on factors such as the severity of the injuries you sustained as a result of the doctor’s negligence, how long it took you to recover, whether you missed work or may no longer be able to perform the same job, and whether you may be permanently disabled.

What Is the Hardest Element to Prove in a Medical Malpractice Case?

Causation is the hardest element to prove in a medical malpractice case because it requires showing a complex link between a medical error and the harm that resulted from it. You must prove that the harm you suffered was not a result of a preexisting medical condition or an inherent medical risk that caused a bad outcome unrelated to provider negligence. You may need to work with professional witnesses to testify on your behalf.

Hire a Medical Malpractice Lawyer Today

If you’ve been harmed by a healthcare provider’s negligence, you can work with an attorney who understands New Mexico medical malpractice laws to file your medical malpractice claim and negotiate a fair settlement with the liable party’s insurance company.

The team at Branch Law Firm can help. We have been in practice for decades, and in that time, we’ve handled countless medical malpractice cases, negotiating settlements in some and taking others to court. We have the experience required to promote a positive outcome in your medical malpractice case. Contact us to schedule an initial consultation today.