You expect doctors and other health care staff to always have your best interests in mind. Under New Mexico law, medical negligence occurs when a doctor, nurse or other health care professional injures a patient with negligent or inappropriate medical care. The consequences of medical malpractice can cause permanent or life-ending injuries.
In many cases, the harm caused by healthcare providers’ negligence can never be undone. Instead, our legal system offers victims of medical malpractice financial compensation for their injuries. If the medical malpractice is reckless, intentional, or with a wanton disregard for your safety, New Mexico law provides punitive damages to punish the medical office or provider to correct their behavior. Martinez, Hart, Thompson & Sanchez, P.C., is ready to stand up for you.
What Is Medical Malpractice?
Medical malpractice occurs anytime a doctor, hospital or healthcare provider acts in a negligent manner and that negligent act directly results in injury or death to the patient. A health care provider acts in a negligent manner if they deviate from professional standards of care.
What is the Statute of Limitations Period on Medical Malpractice?
In New Mexico, the statute of limitations on a claim for medical practice is 3 years for a private medical facility or provider, and 2 years for a public medical facility or provider. The statute of limitations period begins to run from the date of treatment that is being alleged as malpractice. There are limited exceptions to the statute of limitations period. For example, if the plaintiff is a minor at the time of the injury, they may be able to argue a limited extension for due process concerns. Additionally, if the injury resulting from malpractice was not discovered until the last year of the statute of limitations period, the plaintiff may be granted a limited 12-month period under specific circumstances.
How do you prove Medical Malpractice?
Unless the medical procedure does not require specialized knowledge, a claim of medical malpractice must be proven by presenting expert opinion testimony from other doctors. The plaintiff in a medical malpractice case needs to find another doctor that is willing to testify that the defendant was negligent and breached the standard of medical care that is held by other similar doctors in New Mexico.
Who Can Help Me With My Medical Malpractice Claim?
Making a malpractice claim is far more complex than other types of injury claims. It can also be a lot more expensive because you will need to hire expert witnesses to develop and prove your case. Accordingly, you need a skilled and competent medical malpractice attorney to assist you. Martinez, Hart, Thompson & Sanchez, P.C. uses our extensive legal experience to support injured patients and prevent negligent medical staff from harming others.
Please contact us today to discuss your case.