Albuquerque Medical Malpractice Attorneys
Serving Clients Throughout New Mexico for Decades
You expect doctors and other healthcare 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.
Our medical malpractice lawyers in Albuquerque are ready to stand up for you. Call Martinez, Hart, Sanchez & Romero at (505) 806-1780 today to schedule your free initial consultation.
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.
Medical Professionals Should Be Held Accountable
Medical professionals, whether doctors, nurses, hospital administrators, or other professionals, are responsible for the proper treatment and care provided to their patients. When treating patients, doctors have a duty to possess and apply the knowledge and use the skill and care ordinarily used by reasonably well-qualified doctors or medical providers practicing under similar circumstances. When they deviate from the reasonable standard of care and a patient is harmed, the medical professional could be considered negligent and may be liable for the harm caused as a result of their misconduct.
Many different types of negligence can occur in a healthcare setting. A pharmacist might misread a prescription and give a patient the wrong medication. Negligence can also occur during medical procedures. You often hear about doctors leaving behind surgical instruments or performing surgery on the wrong body part. Errors in diagnosing are another type of negligence, and these errors cause harm by delaying treatment.
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 Medical Negligence Can Be Proven in Court
Medical Negligence cases may be difficult to prove or to do so successfully. Documentation of what actually occurred may not be readily apparent from the patient’s medical record depending on how the doctor, nurse, or medical professional documented the interaction with the patient. In addition, there is the burden to prove that the patient would have had a different outcome had the medical professional acted without negligence.
Finally, hospitals and doctors have gone to great lengths to try to put in place legal protections in order to limit the ability of patients to bring medical malpractice claims and to recover the damages they suffered. Often times there are limitations on how long a patient has to file a lawsuit as well as limitations on the amount of money that a patient can obtain from a medical negligence claim.
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 Albuquerque medical malpractice attorney to assist you. Martinez, Hart, Sanchez & Romero uses our extensive legal experience to support injured patients and prevent negligent medical staff from harming others.
Our team of knowledgeable attorneys is ready to fight for you. Please contact us today for more information or to schedule a consultation with us.
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"I can't seem to say enough about the people at this law firm. I was treated with the greatest experience ever. My case wasn't a very large case, but, non the less I was treated with the upmost respect and treatment of a huge case."Christopher C.
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"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
Martinez, Hart, Sanchez & Romero, P.C. is a local law firm with local and national recognition for having the expertise to handle the toughest cases. Over a century ago, David B. Martinez’s grandparents realized their dream of building a general store at the corner of Rio Grande and Indian School. “A century later, David B. Martinez and F. Michael Hart built this law firm on the same corner of Rio Grande and Indian School where David’s family had built their general store.” The corner of Rio Grande and Indian School is now home to Martinez, Hart, Sanchez & Romero, P.C., which holds the same dedication to serving the needs of the surrounding community.