Albuquerque Medical Malpractice Attorney
Patients bringing medical malpractice claims face a daunting challenge. Medical malpractice litigation is highly complex and expensive, and selecting a skilled attorney to represent your claim is important in reaching a successful resolution.
At the Branch Law Firm®, our Albuquerque medical malpractice attorneys have both the knowledge to litigate these claims and the experience to help our clients through difficult times. Drawing on the combined experience of Turner W. Branch and Margaret Moses Branch, we can take these cases to a successful resolution. Call (505) 317-9955 to speak with our Albuquerque personal injury attorneys today.
Why Choose Our Albuquerque Medical Malpractice Attorney?
- Our team has more than 50 years of experience obtaining compensation for victims of medical negligence.
- We don’t require any money upfront, and you will only owe legal fees if we win.
- We are not afraid to go up against large insurance companies and will ensure your case is skillfully built for success.
Medical Malpractice Cases We Handle
Our medical negligence attorneys handle cases that involve:
- Surgical error. These usually fall under two basic categories. Either an incorrect part of the body is severed or cut, or a foreign object is left inside the body. These cases can also involve anesthesia malpractice or negligence in post-op care.
- Birth injury. Injuries during labor and delivery are often caused by obstetric malpractice. Examples include delay in emergency C-sections and inattention to the fetal heart monitor. A low oxygen level can cause brain damage, resulting in cerebral palsy, and complete oxygen deprivation can lead to death. Another C-section complication is Erb’s palsy, which results in a baby gets stuck behind the pubic bone. In an attempt to avoid a C-section, some OB-GYNs will force the baby through the birth canal, causing extensive damage to the nerves on top of the arm. An ectopic pregnancy, when untreated, can also be fatal.
- Emergency room errors. Death by hospital malpractice, such as misdiagnosis or triage mistake, if not fatal, can cause severe damage.
- Misdiagnosis of Cancer. The real tragedy of this medical error is that cancer, when caught early, is often survivable. However, if it’s not diagnosed until it metastasizes, it is usually too late.
Types Damages Available
Victims of medical negligence have the right to obtain compensation for their losses. There are two types of recoverable damages: economic damages and non-economic damages.
- Medical Expenses: costs for care and treatment related to the illness or injury resulting from the incident of malpractice.
- Lost Wages: for the amount of time you have been unable to work, currently and in the future.
- Loss of Future Earning Capacity: if your injury or illness prevents you from returning to work or forces you into a different line of work.
- Pain and Suffering: compensation for the physical pain you have endured and any emotional distress, such as anxiety, depression, terror, insomnia, etc.
- Loss of Enjoyment of Life: if you cannot do things you were able to before you were injured.
- Disability or Disfigurement: if you suffered disfigurement or were left with a permanent disability, impacting your ability to socialize and enjoy life.
- Loss of Consortium: this type of compensation is awarded to a spouse for the loss of marital benefits, such as companionship, affection, or sexual relations.
In cases that involve outrageous or malicious conduct by the defendant, punitive damages may be awarded. This type of compensation is meant to punish the defendant.
What to Do if You Believe You Have a Medical Malpractice Claim
There are some critical steps to take if you believe that you or a loved one has suffered a severe injury as a result of medical negligence:
- Write down the events leading up to the injury and exactly how your injury occurred.
- Obtain copies of all relevant medical records.
- Prepare a timeline that shows when injuries were first treated and/or discovered.
- Speak to a lawyer. An experienced Albuquerque medical malpractice attorney will review the facts surrounding your injury and advise you if you have a legitimate claim.
- File your medical malpractice lawsuit on time. New Mexico has a time limit in place, known as the statute of limitations, that dictates how long you have to file a medical malpractice lawsuit. You have three years from the date the act of medical malpractice occurred unless the victim is a minor under the age of six. For children under six that suffer from medical negligence, the time limit expires on their ninth birthday.
New Mexico Medical Malpractice Laws
Other laws relevant to medical malpractice claims include:
Affidavit of Merit
New Mexico does not require an affidavit of merit to pursue a medical malpractice claim, but nearly all cases must have an expert testify.
The state has set a limit on the amount of non-economic damages (e.g., pain and suffering, emotional distress, etc.) that a victim can receive to $600,000. This cap does not apply to economic damages, such as medical bills and lost income. However, victims can only recover damages for future medical care for bills they actually receive rather than for an amount based on an estimate.
Medical malpractice defendants must only pay up to $200,000 in total damages under New Mexico law, even if the amount a victim is awarded exceeds that. The difference will be paid from New Mexico’s Patient Compensation Fund.
We Can Help You
If you or a loved one has suffered an injury as a result of the carelessness of a doctor, nurse, or other health care practitioner, contact us online to schedule a free consultation with our Albuquerque medical malpractice lawyers. There are no attorney’s fees until you recover.