Santa Fe Medical Malpractice Attorney

Each year, many New Mexico residents like yourself go to see a medical provider seeking answers about what ails them and to receive treatment for confirmed diagnoses, only to later find out that some misstep along the way further deteriorated their health or led to new issues.

If you’ve suffered health setbacks or lost a loved one due to health care provider errors or oversight, consider reaching out to a Santa Fe medical malpractice lawyer.

A consultation with Barrera Law Group LLC is completely free. It also comes with no obligation. Our sole goal is to apprise you of your rights so you can hold those who unnecessarily harmed you accountable.

What Are Examples of Medical Malpractice?

Medical malpractice refers to a type of negligence whereby a health care professional deviates from a certain standard of care when treating their patients, and that act causes them to suffer additional injuries or illnesses.

Medical errors account for countless injuries and illnesses and an estimated 251,000 deaths annually in the U.S., according to a study published by National Institutes of Health.

The following may be examples of medical malpractice:

• Surgical errors
• Radiological or pathology interpretation errors
• Anesthesia errors
• A delayed diagnosis or misdiagnosis
• Childbirth injuries
• Medication errors
• Failures to perform informed consent.

In short, any action that causes an adverse outcome could potentially be classified as a type of medical malpractice.

If you were negatively impacted by the choices a health care provider made, consider speaking with legal counsel, as it may qualify as legal grounds on which you can pursue an insurance claim or civil lawsuit.

What Impact Does Medical Negligence Have on Patients?

Medical malpractice can have devastating consequences for those affected by these preventable oversights. Some of the more notable impacts patients face because of this include:

• Delays in receiving correct diagnoses and the right treatment
• Added pain and suffering, mental anguish, and potential loss of enjoyment of life
• Permanent disability
• Mounting medical bills
• Increasing lost wages

While some individuals may have health insurance or the means to cover losses like the ones described above, they shouldn’t have to. The only way to stop medical professionals from repeating negligent behaviors like these is to hold those who violate their standard of care liable for their actions.

Who Can You Hold Liable for Wrongdoing?

Everyone from doctors to pharmacists may be responsible for mistakes in the healthcare industry. The following health care providers can be held liable for making mistakes or errors:

• Physicians, which is a broad category that includes emergency room doctors, OB/GYNs, radiologists, pathologists, dermatologists, cardiologists, surgeons, etc.
• Nurses, as well as nurse practitioners and physician assistants
• Mental health practitioners, including licensed clinical social workers, therapists, and psychiatrists
• Pharmacists
• Eye care professionals, including optometrists or ophthalmologists
• Chiropractors
• Dental professionals like dentists, periodontists, orthodontists, and oral surgeons

Virtually any medical professional, including support personnel, could potentially be named as a defendant in a medical malpractice lawsuit in New Mexico.

However, in most cases, any civil legal actions listing nursing professionals, non-physician members of a surgical team, and other support staff as defendants would be filed with the facility that employs them.

Thus, it’s plausible that a hospital or medical practice may be listed as a defendant in lawsuits like these.

Steps To Filing a Medical Malpractice Lawsuit in New Mexico

Proving liability is your responsibility as the plaintiff (the person alleging that they suffered harm).

Provided you or your lawyer believes you have enough evidence to prove a health care provider acted negligently, you should prepare your application to send it to the New Mexico Medical Review Commission (NMMRC).

The NMMRC is a board composed of both lawyers and doctors who are impaneled to review different aspects of cases to determine if there’s indeed ample evidence of liability to warrant moving forward with litigation. Depending on the panel’s findings, you and your legal counsel may decide to pursue an insurance claim or civil lawsuit against the responsible party.

In most cases, while you’re continuing to receive treatment, your attorney will continue to compile extra evidence and have depositions taken of you and other witnesses, and expert witnesses brought in to review records and provide opinions.

Once your situation has reached a plateau, known as maximum medical improvement, your legal representative will generally prepare a demand letter outlining the harm caused by the defendant’s actions and the type of compensation being requested.

Generally, negotiations between opposing counsel occur to try to work out an out-of-court settlement. If those conversations don’t prove fruitful, a trial is generally scheduled for a future date. Like most legal matters, there is a statute of limitations, which is a deadline, that applies to taking legal action. You must file your claim or lawsuit by that date to be entitled to any compensation in your case.

New Mexico Statutes Annotated section 41-5-13 outlines how that filing timeline is generally three years, but there are exceptions to this rule that apply. An attorney who regularly handles medical malpractice lawsuits in Santa Fe can advise you of the specific timeline applicable to your case.

Compensation for Medical Malpractice Injuries

Damages is another word used to refer to compensation that personal injury victims, like those who have suffered medical malpractice, may be able to recover by taking legal action. In cases like these, you may be entitled to:

• Current and future medical expenses
• Lost wages or future lost earnings
• Funeral or burial expenses (if the medical error caused a family member’s wrongful death)

Aside from the actual economic losses you already incurred or will incur in the future, as listed above, non-economic damages may be recoverable for the following (and others):

• Pain and suffering
• Emotional distress
• Loss of companionship

Common Defenses Providers Use in Malpractice Cases

One of the biggest shocks for people filing a medical malpractice claim is how hard doctors, hospitals, and their insurance companies push back. Even when the mistake feels obvious, the other side usually will not hold up their hands and say, “We’re sorry.” Instead, they lean on a few defenses to protect themselves.

A common one is blaming your underlying condition. They will argue that your illness or injury, not their mistake, caused your setback. Another move is saying you “assumed the risk” because you were warned about potential complications and agreed to the treatment anyway. Sometimes they will even claim you share the blame, suggesting you did not follow instructions closely enough or skipped follow-up care.

And one of their favorite defenses? Challenging causation. They might admit an error happened but insist it did not cause your injury, or that someone else was responsible.

Knowing these tactics ahead of time can make the process feel less stressful.

Our skilled Santa Fe medical mistake lawyer has seen these defenses before and knows how to counter them. We will use medical records, expert testimony, and timelines to show what went wrong and why the provider should be held accountable.

The Role of an Attorney in a Santa Fe Medical Malpractice Case

There’s no law on the books that requires you to have a legal representative to help you file a medical negligence lawsuit in New Mexico. However, it’s highly recommended to have one as their experience in handling these cases can be enormously helpful when it comes to:

• Understanding if what happened indeed qualifies as medical malpractice
• Compiling evidence necessary to understand causation and, thus, liability
• Securing expert testimony that can help substantiate your case
• Engaging with the New Mexico Medical Review Commission
• Negotiating with insurance company adjusters
• Helping you decide when to pursue a trial

Frequently Asked Questions About Medical Malpractice in Santa Fe

If you’re thinking about taking legal action after a medical mistake, you probably have a lot of “what ifs” swirling in your mind. These answers tackle some of the most common and most misunderstood questions people have when they are just starting this process.

Do I have to stop seeing my doctor if I think they committed malpractice?

You might want to seek a second opinion for your health and to help document your injuries. We can guide you on how to handle ongoing treatment without jeopardizing your claim.

Will filing a malpractice claim make my medical bills go away right away?

Your bills will still come due while your case moves forward. But your attorney can sometimes work with providers or insurers to delay collections or arrange payment plans until your claim is resolved.

Can I still sue if I signed a consent form?

Signing a consent form means you agree to known risks, not negligent mistakes. If a provider failed to follow the standard of care, a signed form does not shield them from liability.

How long does a malpractice case usually take in New Mexico?

It depends, but most cases take at least a year or two. This timeline includes review by the New Mexico Medical Review Commission, investigation, negotiations, and possibly a trial.

Can a hospital be held liable even if a nurse made the error?

In many cases, the hospital or medical practice is legally responsible for the actions of its employees and support staff. Our attorney can identify all potentially liable parties to maximize your recovery.

Our Santa Fe Medical Malpractice Lawyers Are Ready to Help

It doesn’t cost you anything to review your case with one of our Santa Fe medical malpractice lawyers and assess whether you have a pursuable claim. There’s also no fee for our attorneys at Barrera Law Group to represent you unless we secure a settlement on your behalf.

So, let’s talk about what happened to you and how we may be able to assist you in holding the responsible parties accountable.

Reach out to us today.