New Mexico Hospital Negligence Lawyer

It is not unreasonable to assume that doctors, nurses, and other healthcare professionals are entrusted with our lives on a daily basis. When you go to a hospital, you are expected to be taken care of and return to relatively decent health. That doesn’t always happen. Sometimes, medical professionals are negligent and hurt their patients in the process. If you have been medically mistreated, you may want to reach out to a New Mexico hospital negligence lawyer to see if you qualify for compensatory damages.

What Is Hospital Negligence?

Hospital negligence, much like medical malpractice, is a form of negligent behavior that occurs when medical professionals fail to fulfill their obligation of care. In a personal injury case, negligent behavior is considered to be behavior that fails to meet the same expected level of caution that a reasonable person would exhibit in that same situation.

It can be considered unreasonable to expect an untrained person to fulfill an obligation of care, which is why medical professionals are held to a higher standard. It is important to note that just because a medical professional makes a mistake, it does not automatically equate to negligence. Negligence must violate the expected standard of care in order to be considered negligence.

Examples of Hospital Negligence

While many different forms of negligence have the potential to result in someone’s injury or death, it is especially prudent for medical professionals in New Mexico to adhere to high standards of care. Here are just a few examples of how hospital negligence can cause irreparable harm to the victims:

• Misdiagnosis: Misdiagnosing someone can be the difference between life and death, especially if the difference is vast. When a healthcare professional tells us we have a specific condition, we believe them largely due to their professional knowledge.
  Often, we don’t question the diagnosis, and we carry on with our lives. If that diagnosis is wrong, it can cost us valuable time to fight the actual condition we have, and that could result in irreparable harm or even death.
• Medication Errors: When we go to see a medical professional, and they prescribe us medication, we trust that they know exactly what to give us. After all, they are the professionals, and they have been trained in medicine. However, taking the incorrect medication can be extremely detrimental to one’s health, especially if the medication has little to no connection to your actual condition.
  If the reason you took the wrong medication stems from your doctor giving you an incorrect prescription, then that could be considered negligence.
• Incorrect or Botched Surgery: This is a fear a lot of people have had at least once. That you would go to the hospital for surgery, are given the anesthesia, and you wake up having been given the incorrect surgery, or your surgery was somehow botched.
  Unfortunately, it does happen, and it could prove to be quite detrimental to not only your physical health but your mental and emotional health as well. Failing to provide basic surgical needs to a patient could be seen as negligent behavior.

FAQs

Q: What Is the Law Governing Medical Malpractice in New Mexico?

A: The law governing medical malpractice in New Mexico falls under the New Mexico Medical Malpractice Act, also called the New Mexico Medical Professional Liability Act. Under this law, the obligation to cover damages is calculated by the amount of fault that your healthcare provider is responsible for. To prove malpractice, you must prove the provider was responsible to you for a duty of care; they breached it, it caused you harm, and you incurred damage because of it.

Q: How Much Can You Sue a Hospital for Negligence in New Mexico?

A: In New Mexico, you can sue a hospital for negligence for up to $750,000, although the cap expressly excludes compensation for past and future medical care, as well as any related benefits. New Mexico state law also puts separate caps on hospitals and outpatient care facilities. Damage caps are adjusted yearly for those, with the 2024 cap currently being $5 million. There is currently no statute of limitations on medical malpractice damages for ongoing care in cases of permanent disability.

Q: When Does Negligence Become Malpractice?

A: Medical negligence becomes medical malpractice if the negligence in question was the direct reason that a patient was harmed. There are four specific elements of a malpractice claim that must be proven in order for a claim to move forward:

• A duty of care was owed to the patient by the provider.
• The provider failed to meet that duty of care and thus was medically negligent.
• That neglect was the direct source of harm.
• The patient suffered damages and should be compensated.

Q: How Much Are Most Medical Malpractice Settlements?

A: A medical malpractice settlement will vary depending on the severity of the case, the strength of the malpractice claim, the jurisdiction of the case, and the sympathy of the jury. Every medical malpractice case is different and brings with it factors that are different from other similar cases. Just because one case ends up paying over $1 million to the plaintiff, it does not guarantee that the next one will, or that yours will.

Reach Out to a Hospital Negligence Lawyer Today

The Branch Law Firm has been fighting for our client’s rights for well over 50 years. We are determined to help you fight your hospital negligence case and receive a settlement or compensation that you rightly deserve. We put a great deal of trust in our medical professionals’ hands, and when that trust is breached, it can put a lot of strain on our lives.

Medical professionals command respect thanks to their knowledge, their intellect, and their dedication to helping people in their most vulnerable states. When they make mistakes, they echo throughout their patients’ lives and cause potentially irrevocable harm. We can help you get compensated. Contact us to schedule a consultation as soon as you can, and we can discuss the details of your situation.