Las Cruces Medical Malpractice Attorney

When it comes to health and well-being matters, we place immense trust in medical professionals to provide us with the care and treatment we need.  However, instances of medical malpractice can shatter that trust, leaving individuals and families grappling with physical, emotional, and financial burdens.

A recent study by Johns Hopkins Medicine suggests that medical errors are now the third leading cause of death in the U.S., at 250,000 fatalities per year.

In Las Cruces, navigating the complexities of medical malpractice claims can be daunting without the right legal guidance. Let’s shed some light on the role of a Las Cruces medical malpractice lawyer and how they can help you if you’re affected by medical negligence and seeking justice and compensation.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare provider’s actions or omissions deviate from the accepted standards of practice or duty of care, resulting in harm to the patient.

These incidents can range from surgical errors and misdiagnoses to medication mistakes and birth injuries. Proving medical malpractice requires demonstrating that the healthcare provider breached their duty of care and that negligence led directly to the patient’s injury or worsened condition.

According to the American Medical Association’s (AMA) 2016-2022 Physician Practice Benchmark Surveys, “General surgeons, other surgeons, OB/GYNs, orthopedic surgeons, radiologists, and emergency medicine physicians are the specialties whose physicians are significantly more likely to have been sued” for claims of malpractice.

Common Medical Malpractice Issues

Medical malpractice can encompass a wide range of negligent actions or omissions by healthcare providers that result in harm to patients.

Some of the most common types of medical malpractice include:

• Misdiagnosis or Delayed Diagnosis: Misdiagnosis occurs when a healthcare provider fails to accurately diagnose a medical condition, leading to incorrect or delayed treatment. Delayed diagnosis involves a significant lapse of time between the presentation of symptoms and the correct diagnosis, resulting in harm or worsened outcomes for the patient.
• Surgical Errors: Surgical errors can occur during any phase of a surgical procedure, from anesthesia administration and incision-making to post-operative care. Common surgical errors include wrong-site surgery, anesthesia errors, organ damage, and leaving surgical instruments or foreign objects inside the patient’s body.
• Medication Mistakes: Medication errors can occur in various healthcare settings, including hospitals, clinics, and pharmacies. These errors may involve prescribing the wrong medication, administering incorrect dosages, failing to consider drug interactions or allergies, or providing medication to the wrong patient.
• Birth Injuries: Birth injuries can occur during pregnancy, labor, or delivery due to negligence on the part of healthcare providers. These injuries may include oxygen deprivation leading to brain damage, nerve damage from improper use of delivery tools, or failure to respond promptly to fetal distress.
• Failure to Provide Informed Consent: Healthcare providers have a legal and ethical obligation to obtain informed consent from patients before performing medical procedures or treatments. Failure to adequately inform patients about the risks, benefits, and alternatives to a procedure can constitute medical malpractice.
• Failure to Follow Standard of Care: Medical malpractice can occur when healthcare providers deviate from the accepted standards of care for their specialty or field of practice. This may include failure to order necessary tests, follow-up on abnormal results, or consult with specialists when appropriate.
• Nursing Home Neglect or Abuse: Elderly residents of nursing homes and long-term care facilities are vulnerable to neglect, abuse, and substandard care. Medical malpractice in nursing homes may involve medication errors, inadequate supervision, untreated bedsores, or physical and emotional abuse by staff members.
• Anesthesia Errors: Anesthesia errors can have serious consequences for patients undergoing surgical procedures. These errors may include administering too much or too little anesthesia, failing to monitor the patient’s vital signs during surgery, or causing allergic reactions or adverse drug interactions.

These are just a few examples of the most common types of medical malpractice. Each case is unique, and the specific circumstances surrounding the negligence will determine the appropriate legal recourse for victims seeking justice and compensation.

The Role of a Las Cruces Medical Malpractice Lawyer

A Las Cruces medical malpractice lawyer plays a crucial role in advocating for individuals who have suffered harm due to medical negligence. These legal professionals possess in-depth knowledge of state laws governing medical malpractice claims and have experience navigating the intricacies of the legal system.

From conducting thorough investigations and gathering evidence to negotiating with insurance companies and representing clients in court, a skilled attorney guides their clients through every step of the legal process.

Initial Consultation and Case Evaluation

The journey to seeking justice for medical malpractice begins with an initial consultation with a Las Cruces attorney specializing in this area of law. During this meeting, the attorney will listen to the client’s story, review relevant medical records, and assess the merits of the case.

This initial evaluation is crucial for determining the viability of pursuing legal action and allows the attorney to provide personalized guidance based on the specifics of the situation.

Building a Strong Case

Once a client decides to move forward with a medical malpractice claim, the attorney begins the process of building a strong case on their behalf.

This involves conducting thorough investigations, consulting with medical experts to establish the standard of care and gathering evidence to support the claim of negligence. From obtaining medical records and witness statements to analyzing relevant statutes and case law, every aspect of the case is meticulously reviewed and prepared for presentation in court.

Negotiation and Settlement

In many medical malpractice cases, reaching a fair settlement outside of court is often preferable to lengthy litigation. A skilled medical malpractice lawyer will leverage their negotiation skills and legal expertise to advocate for the best possible outcome on behalf of their client.

Through strategic negotiations with insurance companies and defense attorneys, the attorney seeks to secure a settlement that adequately compensates the victim for their injuries, medical expenses, lost wages, and pain and suffering.

Trial Representation

While settlement negotiations are common, some medical malpractice cases may proceed to trial if a fair resolution cannot be reached outside of court. In these instances, having a seasoned trial attorney on your side is essential.

Your medical malpractice lawyer will meticulously prepare for trial, presenting compelling evidence, expert testimony, and persuasive arguments to the judge and jury. Throughout the trial process, the attorney remains steadfast in their commitment to securing justice for you.

Support and Guidance

Beyond their legal expertise, a medical malpractice attorney provides compassionate support and guidance to clients during challenging and emotional times.

They understand the physical, emotional, and financial toll that medical negligence can take on individuals and families and are dedicated to providing personalized attention and advocacy every step of the way.

From answering questions and addressing concerns to offering reassurance and empathy, the attorney serves as a trusted advocate for their clients.

At Barrera Law Group LLC, medical malpractice victims and their families have steadfast allies in the form of skilled and experienced legal professionals specializing in this complex area of law.

Our medical malpractice lawyers serve as tireless advocates for those who have suffered harm due to the negligence of healthcare providers, guiding you through the legal process with compassion, expertise, and unwavering dedication.

By seeking the assistance of our knowledgeable attorneys, you and your family can pursue justice, accountability, and the compensation you deserve in the aftermath of medical malpractice.

Contact us today for a free consultation, and let’s get started!