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Medical malpractice vs negligence in New Mexico are different acts, but both result in a patient being harmed. If you or someone you love has suffered as a result of a medical professional’s actions, seek legal counsel to understand your rights and legal options under New Mexico law.
Hire a Medical Malpractice Lawyer Today
Founding attorney Turner W. Branch created the Branch Law Firm in 1966 to help her New Mexico community members during their most difficult times in life. With our team’s niche focus on personal injury law, we’ve helped countless people recover the compensation they deserve and seek justice for the pain they’ve experienced.
The Difference Between Medical Malpractice and Medical Negligence
Medical negligence happens when a medical professional makes a mistake that leads to patient harm. Negligence often isn’t a conscious choice by the professional. This can include:
- A nurse forgetting to record a patient’s allergy on their medical chart
- A doctor misdiagnoses a heart attack as symptoms of indigestion
- A radiologist overlooks a visible tumor on the patient’s lab results, resulting in delayed cancer treatment
Medical malpractice is a more serious offense. It involves the medical professional knowing their actions are likely to cause harm and doing it anyway, or behaving in an extremely reckless or incompetent manner. This can include:
- A surgeon operating on the wrong body part
- A doctor ignores signs of an impending stroke, leaving the patient with long-term complications
- A nurse gives a patient the wrong medication, leading to adverse side effects
In the United States, one in three physicians has had a legal case opened against them at least once in their career. While medical negligence and malpractice may carry different consequences, legal cases may be opened against any medical professional who causes harm to their patient. It’s important to hire a medical malpractice lawyer to help explain what specific laws apply to your situation.
Evidence for Your Medical Malpractice or Medical Negligence Case
No matter what happened to you, having substantial evidence to back it up in court is key. Courts rely on the evidence provided by both parties to make their final decision. If the other party has more proof leaning in their favor, it may decrease your chances of a successful case. Your lawyer can help collect:
- Copies of your medical records and medical charts that may indicate a medical mistake
- Relevant 911 calls
- Eyewitness testimony
- Testimony from a professional in a similar field who can offer their opinion about the situation
- Photos and videos of your visible injuries
- Surveillance footage that caught the incident on camera
- Documentation of your financial losses, such as lost income due to healing from your injuries, and copies of your subsequent medical bills
- Documentation of your emotional losses, such as notes from a therapist about your mental state since the malpractice
- A written, detailed timeline of events
Choose a Skilled Law Firm in New Mexico
Contact the Branch Law Firm today to learn how our experienced team can help you during this challenging time. We help give clients the tools they need to feel in control of their lives again after experiencing a loss of autonomy. Our firm operates on a contingency fee basis. This means that we don’t require payment for our legal services until we’ve secured compensation for your case.