Rio Rancho Medical Malpractice Attorney

At last count by the New Mexico Medical Board, there were 8,439 licensed physicians helping folks with everything from getting over the common cold to providing lifesaving operations. The vast majority of these physicians carry out their oath to “do no harm,” but they’re not infallible. Unfortunately, when a doctor makes a mistake, it can lead to further health complications or worse.

That’s when you are entering into the medical malpractice arena and need the help of an experienced Rio Rancho medical malpractice lawyer.

Barrera Law Group has helped many clients take on the challenge of a medical malpractice claim.

Our negotiation and litigation skills are valuable skill sets that we’ll deploy on behalf of our clients. We understand how complex these cases are and how they require the support of expert witnesses in the medical field.

We have a network of licensed professionals that we call on to exist in our medical malpractice cases to help ensure that we provide strong evidence, leaving no doubt as to what happened.

If you find yourself in such a situation, hiring a knowledgeable Rio Rancho medical malpractice lawyer is crucial.

What Is Medical Malpractice?

Although exact numbers are hard to determine, medical errors and malpractice occur every day, causing victims’ conditions to worsen or new conditions to arise due to the negligence of medical professionals.

Some of the most common reasons for these claims included:

• Misdiagnosis or delayed diagnosis
• Failure to treat
• Prescription drug errors
• Surgical or procedural errors
• Childbirth injuries

Medical malpractice happens when a healthcare professional’s mistake or negligence leads to harm, injury, or death of a patient. Whether it’s a misdiagnosis, surgical error, or medication miscalculation, victims have the right to seek compensation for their damages.

According to data collected by the National Practitioner Data Bank (NPDB), there were 187 adverse action reports made in New Mexico in 2024.

These are the initial claims of malpractice. Not every malpractice claim makes its way to a settlement. However, in that same year, the NPDB reports that there were 201 payments made for medical malpractice in New Mexico.

The legal landscape for medical negligence claims can be intricate, and having a specialized Rio Rancho medical malpractice attorney who understands both the local nuances and broader legal principles can be a vital factor in a successful case.

What Is Informed Consent?

Before a doctor or healthcare provider performs any type of medical procedure or offers treatment, they have to provide a comprehensive review of that procedure or treatment. That review needs to include the basics of what the patient will undergo and what they can expect in the aftermath of that procedure or treatment.

A patient needs to literally sign off on the acknowledgement of that information. This is known as informed consent.

You sign consent forms for a basic examination, X-rays, or surgery. When you acknowledge the information, you are also accepting the risks as presented to you. Providing informed consent is not giving permission for your doctor to act negligently.

Of course, your signed consent forms will most likely be used by the defendant as a way to say you knew what you were getting into. That is why it is vital to work with a skilled Rio Rancho medical malpractice lawyer who understands the limitations of a consent form.

Do You Need a Certificate of Merit in a New Mexico Medical Malpractice Claim?

In New Mexico, anyone filing a medical malpractice lawsuit must include a certificate of merit.

This is also referred to as an affidavit of merit. It is a document that is prepared and signed by a qualified healthcare professional that confirms that the medical malpractice claims that you’re alleging have a reasonable basis to proceed to a civil complaint. The purpose of a certificate of merit is to ensure that medical malpractice cases are not frivolous but instead grounded in a legitimate professional opinion.

The certificate of merit must accompany the complaint and outline specific details. It should state the relevant standard of care that was expected by the patient.

It should also detail how the defendant failed to meet that standard and describe the actions that should have been taken instead. The certificate needs to include a medical opinion that this breach directly caused the alleged injury. This type of affidavit serves as both a safeguard against baseless lawsuits and a validation of your claim.

It will also help establish the foundation for proving negligence in your medical malpractice case.

It’s important to remember that the certificate needs to be provided by a like-minded medical professional. In other words, if your issues relate to orthopedic surgery, then an orthopedist needs to write the certificate of merit.

We’ll be able to bring them onto the claim for a complete and thorough assessment of the merits.

5 Questions To Ask Your Lawyer

Hiring the right attorney is crucial for the success of your case. To help you make an informed decision, here are five essential questions to ask a potential Rio Rancho medical malpractice lawyer:

1. What Is Your Experience With Medical Malpractice Cases? Understanding the lawyer’s experience is crucial. Inquire about their specific experience in handling medical malpractice cases, including the number of cases they’ve worked on and their case results and success rate. Look for a lawyer with a proven track record in this specialized field.
2. Have You Worked on Cases Similar to Mine? Every medical malpractice case is unique, but similarities may exist. Ask the lawyer if they have handled cases that involve similar medical procedures, conditions, or healthcare providers. Familiarity with cases resembling yours enhances the lawyer’s ability to navigate complexities effectively.
3. How Will You Approach My Case? Understanding the lawyer’s strategy for your case is crucial. Inquire about their approach to gathering evidence, dealing with medical experts, and negotiating with insurance companies. A clear and comprehensive strategy demonstrates the lawyer’s preparedness and commitment to your case.
4. Can You Provide References or Case Studies? Request references from past clients or examples of successful cases. A reputable medical malpractice lawyer should be willing to share testimonials or case studies that highlight their expertise and the positive outcomes they’ve achieved for their clients. This information adds credibility to their claims of success.
5. What Costs and Fees Should I Expect? Discuss the lawyer’s fee structure and any potential costs associated with your case. Some medical malpractice attorneys (including ours) work on a contingency basis, meaning they only receive payment if you win your case. Clarify the percentage they will take as their fee and any additional expenses you might be responsible for during the legal process.

These questions provide a foundation for evaluating the expertise, approach, and transparency of a medical malpractice lawyer.

As you discuss these aspects with potential attorneys, consider how comfortable you feel with their responses and whether you believe they are genuinely invested in helping you achieve a favorable outcome.

The Importance of Using a Specialized Medical Malpractice Lawyer

When pursuing a negligence claim, having an attorney with specialized knowledge is paramount.

The medical malpractice lawyers working at Barrera Law Group LLC are well-versed in the requirements and limitations surrounding a claim. We can ensure that all required paperwork and evidence are filed correctly and within the approved time frame.

In New Mexico, you have three years from the date of the incident or the discovery of the harm. We won’t miss the deadlines.

Like many states, we have unique legal procedures and regulations that can significantly impact your case. A lawyer with experience in the local healthcare system and a deep understanding of state medical malpractice laws can provide a distinct advantage.

Key Qualities We Provide as Medical Malpractice Attorneys

You want a lawyer with a proven track record in handling legal cases in New Mexico. We are an experienced legal team that’s extremely familiar with the local court processes and has established relationships with medical experts who can strengthen your case.

Specialization

We have years of dedicated experience handling negligence cases involving health care providers.

This specialization experience provides us with a deeper understanding of the complexities involved, allowing for a more comprehensive and effective legal strategy.

Transparent Communication

We pride ourselves on our open communication. We keep our clients informed throughout the process.

Transparency is crucial in building trust and ensuring you are actively involved in decisions affecting your case.

Medical Malpractice Frequently Asked Questions

If you’ve been harmed by a medical professional’s negligence, you’re entitled to seek a remedy. It is no different than if you got into a car accident caused by a negligent driver. You will no doubt have plenty of questions that need to be answered.

The medical malpractice attorneys at the Barrera Law Group LLC can provide you with the answers starting here:

What type of compensation can I ask for in a medical malpractice claim?

The compensation you can ask for in a medical malpractice claim is meant to cover the full scope of losses caused by a healthcare provider’s negligence. You have the right to seek recovery for both financial and personal harms. Compensation can include medical costs such as hospital bills, ongoing treatment, and anticipated future care associated with correcting the condition.

You may also be entitled to compensation for lost wages, diminished future earning capacity, and the pain and suffering you’ve endured. Other damages often include loss of enjoyment of life, loss of companionship or support, emotional trauma from disfigurement or scarring, and, in cases involving wrongful death, funeral and burial expenses.

Is there a cap on damages in New Mexico medical malpractice cases?

Yes. In New Mexico, there is a cap on certain types of damages in medical malpractice cases. Under state law, noneconomic damages that would include pain and suffering are capped at $750,000. However, this cap does not include compensation for medical expenses or punitive damages. That means patients can still recover the full amount of their medical bills, rehabilitation costs, and other related expenses.

What should I look for when choosing a New Mexico medical malpractice lawyer?

When selecting a medical malpractice lawyer in New Mexico, you want an attorney with proven experience in handling complex medical negligence cases. Look for someone who has access to qualified medical experts who can review your records and testify about whether malpractice occurred. It’s also important to choose a lawyer who communicates clearly, is responsive to your questions, and has a track record of successfully negotiating settlements and taking cases to trial when needed.

What is the difference between medical malpractice and a bad outcome?

Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, and that failure causes injury or death to a patient. On the other hand, a bad outcome is not always malpractice. Certain medical procedures carry significant risks. There might even be complications during surgery that a doctor could not anticipate, even after they followed the proper protocols. There could also be an issue with a patient’s underlying health condition that complicates the outcome of a procedure. While not every poor result is malpractice, consulting with an experienced attorney can help you determine whether negligence played a role in your outcome.

How long do I have to file a medical malpractice claim in New Mexico?

New Mexico law generally gives patients three years from the date of the alleged malpractice to file a lawsuit. However, there are exceptions. For example, if the patient is a child under six years old, the deadline may be extended. Because these time limits are strict, it’s important to consult with Barrera Law Group LLC as soon as possible to get the claim process started.

Who can be held responsible in a medical malpractice case?

Liability in a medical malpractice case may fall on different parties depending on the situation. Potentially responsible parties include the following:

• Doctors
• Nurses
• Surgeons
• Anesthesiologists
• Radiologists
• Pharmacists
• Hospitals
• Clinics

In some claims, there can be more than one party named as a defendant.

Getting Support from the Barrera Law Group LLC

Facing the aftermath of medical malpractice is undeniably challenging, but with the right legal representation, you can navigate the complexities of the legal system.

Remember, by choosing a specialized and experienced Rio Rancho medical malpractice lawyer, you greatly increase your chances of a favorable outcome. At Barrera Law Group LLC, your health and well-being are paramount, and the right lawyer can make a significant difference in your journey toward recovery, justice, and compensation.

Contact us today for a free, no-risk consultation.