Santa Fe Medical Malpractice Lawyer

Q: Can I File My Medical Malpractice Claim Against the Hospital?

Depending on your case, you can file a claim against the hospital. Medical malpractice often involves multiple parties since patients interact with an entire medical team. The hospital itself may be partially liable, and a lawyer can explain who to include in your claim.

Q: Can I Receive Punitive Damages in My Medical Malpractice Case?

Punitive damages may be awarded if the responsible party acted with gross recklessness or malice. For example, if a medical professional causes injury while impaired, punitive damages can be sought to punish and deter such conduct.

Q: How Long Do I Have to File My Medical Malpractice Claim in Santa Fe?

Victims typically have three years from the date of the incident to file a claim in Santa Fe, at the Santa Fe County District Courthouse (225 Montezuma Avenue). Filing promptly is important to preserve evidence and minimize ongoing losses.

Q: What Four Facts Do I Need to Prove in My Medical Malpractice Case?

You must prove: 1) the healthcare provider had a legal duty to care for you, 2) they failed in that duty, 3) their failure directly caused your injuries, and 4) your injuries caused actual emotional or financial loss. Extensive evidence is required for each element.

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Santa Fe Medical Malpractice Attorney

Patients need to feel like they can rely on their medical team to take care of them. When medical professionals fail at their duty, a patient can be severely injured because of it. The results may be devastating and long-lasting. A Santa Fe medical malpractice lawyer can explain what legal options are available to you under New Mexico law.

Hire a Medical Malpractice Lawyer From the Branch Law Firm

Since 1966, the Branch Law Firm has recovered compensation for countless New Mexico residents, enabling them to move forward after experiencing traumatic events. Our law firm takes injustices personally and dedicates our time to providing clients with the advocacy and knowledge they need, allowing them to feel in control of their lives after such destabilization.

We offer consultations to residents of Santa Fe and the surrounding areas. During your confidential consultation, you can talk with our empathetic team. We genuinely care about your mental and physical well-being.

The Reality of Medical Malpractice in the United States

Throughout the United States, one in three clinicians has had a legal case open against them at one point in their career. While medical professionals are only human, they are held to a higher standard than professionals in other fields, as their mistakes carry more severe consequences.

In a survey conducted by the American Medical Association between 2020 and 2022, the most malpractice claims were filed against:

Primary care doctors, with 2,197 claims
Surgeons, with 1,386 claims
Internal medicine subspecialty doctors, with 1,026 claims

This survey was completed by 14,000 United States physicians. Patients in New Mexico who have experienced medical malpractice have the right to file a legal claim against the party who injured them.

New Mexico Medical Malpractice Laws

The amount of compensation awarded to victims of medical malpractice is never random. Instead, it is based on the losses suffered since the incident. These are also called damages. There are two main types of damages that victims can request compensation for:

Economic Damages

These damages are easy to calculate, as they’re based on your financial losses. You can request compensation to recover your medical bills, including:

Any surgeries to correct the medical mistake
Doctor and hospital visits,
Physical and mental health therapy
Mobility aid devices
Medical supplies
Medications

You can also seek compensation to recover any lost income and damage to your personal belongings.

Non-Economic Damages

These damages are more subjective, as they’re based on your non-financial losses. However, they’re just as important as economic losses. You can claim these damages to recover compensation for your pain and suffering and loss of enjoyment of life.

Before filing your case, you’ll want to hire a medical malpractice lawyer to explain what specific laws apply in your unique situation. They can seek the full amount of damages available.

How to Prove Medical Malpractice

To prove medical malpractice, you’ll need to collect extensive evidence to show the court what happened. Having only one type of evidence can make your case difficult to win. Fortunately, your Santa Fe medical malpractice attorney can gather and preserve:

Testimony from anyone who witnessed the incident happen
Testimony from professionals in similar fields who can offer their opinion about what caused your injuries
Surveillance footage of the incident
Relevant 911 calls
Copies of any incident reports
Copies of your medical records and medical chart, including any doctor’s notes
Photos and videos of your injuries caused by the medical malpractice
Copies of your medical bills and other proof of financial losses, such as lost income due to missing work from your injuries
Proof of non-financial losses, such as notes from your therapist about your mental state since the incident, or testimony from your loved ones
A written, detailed timeline of events and your resulting losses
Any other proof that can provide clarity to the court

FAQs

Can I File My Medical Malpractice Claim Against the Hospital?

Depending on the specific circumstances of your case, you can file your medical malpractice claim against the hospital. Medical mistake cases tend to involve multiple responsible parties, since patients typically interact with an entire medical team. This also means that the hospital itself may be partially liable for the case. Your lawyer can explain who you could file your claim against.

Can I Receive Punitive Damages in My Medical Malpractice Case?

You can receive punitive damages in your medical malpractice case if you can prove that the responsible party displayed gross recklessness or malice. For example, if your anesthesiologist was operating under the influence and they injured you, you may be awarded punitive damages. These damages were designed to further punish the guilty party and deter similar behavior from happening in the future.

How Long Do I Have to File My Medical Malpractice Claim in Santa Fe?

Victims of medical malpractice typically have three years from the date of the incident to file their legal claims. For those living in Santa Fe, this can be done at the Santa Fe County District Courthouse, located at 225 Montezuma Avenue. While this timeline is long, it’s important to file quickly. The longer you wait to start your case, the harder it will be to preserve relevant evidence and the more your losses will continue to pile up.

What Four Facts Do I Need to Prove in My Medical Malpractice Case?

The four facts you need to prove in your medical malpractice case start with providing evidence that your healthcare provider had a legal duty to care for you. You’ll then need to show that they failed to uphold that duty. You must then establish that their failure directly caused your injuries. Finally, you must show how your injuries led to real emotional or financial loss. It’s not enough to speculate about the incident and your injuries; you’ll need extensive evidence.

Work With Experienced Personal Injury Lawyers in New Mexico

Reach out to the Branch Law Firm today to schedule your consultation with one of our attorneys. We offer consultations to those living in Santa Fe and the surrounding towns in New Mexico.

Our firm operates on a contingency fee basis. This means we don’t require payment for our legal services unless we’ve secured compensation for your case. Let’s work together to get the justice you deserve.