What Do I Need to Know About Filing a Medical Malpractice Lawsuit?

You expect medical professionals to take your care and treatment seriously. And while that’s the case for most patients, negligent care is unfortunately much too common.

Medical malpractice is defined as a breach of medical standards caused by a health care professional’s negligent behaviors or actions. These cases are often complex, even when the situation appears cut and dried. Here are a few facts to consider if you’re the victim of malpractice.

Step 1: Contact the Medical Professional and the Licensing Board

Contacting the medical professional responsible for providing questionable care serves two purposes. First, it allows you to get more information on what happened. Second, it allows you to build a case against the medical professional if you believe they behaved in a negligent manner. After you’ve spoken with the doctor, you can also contact your local medical licensing board for further insight.

Step 2: Undergo a Medical Assessment

Another medical evaluation is usually needed before your case can proceed. A doctor can assess your injuries, review your medical records, and provide their professional opinion on whether medical negligence played a role in what occurred. Expert opinions and testimony can have a huge positive impact on your case, especially when wrongdoing is denied.

Step 3: File Suit Before the Deadline

Like many other states, New Mexico has specific rules about the statute of limitations for personal injury cases. When it comes to medical malpractice, you must file within three years of the incident. If the victim is a child under age six, then the case must be filed before the child turns nine years old. Failure to file in a timely manner can result in your claim being denied.

Step 4: Review the Initial Settlement

Many medical malpractice cases are settled before they actually make it to trial. Accordingly, you should consider any settlement offers carefully to make certain they meet your needs. People with complex injuries and long-term damage must have the proper financial support to maintain their quality of life. As a result, you should never accept an offer you believe is insufficient.

Reliable legal counsel is crucial when dealing with a medical malpractice lawsuit. In Albuquerque, the attorneys at Martinez, Hart, Sanchez & Romero, P.C. have experience with malpractice cases and health care negligence. We can tell you if your case has merit, while also counseling you on the proper settlement amount.

Please call 505-343-1776 to schedule a consultation with a malpractice attorney today. You can also contact us for more information on our legal services and credentials.

Martinez, Hart,
Sanchez & Romero, P.C.

1801 Rio Grande Blvd NW

Suite A

Albuquerque, NM 87104

Phone: (505) 343-1776

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