If you get into a car accident, the chances are you won’t know who the other driver is. That makes it easier to file a lawsuit against that person. It’s different with a medical malpractice claim.
If you need to file a lawsuit against a healthcare provider, that would be someone you have a relationship with and put your trust in for your care. That makes filing a claim more emotionally complex. However, that should not prevent you from pursuing compensation for your losses and pain and suffering.
A medical malpractice claim also requires the support of an experienced personal injury attorney who understands the laws and how to establish liability. This often involves relying on a network of medical professionals who can present compelling testimony in support of what happened to the plaintiff.
Before you can file any kind of medical malpractice, the case needs to be reviewed by the Medical Review Commission. This is an independent board that will look over the preliminary records and hear testimony from your perspective.
The review results can determine if there is merit to the case. It is important to note that the findings of the review commission can’t be used in court.
If you move forward with your complaint, you and your attorney will work out what you’re asking for and how to present the evidence in support of your case. What happens to doctors who commit malpractice?
There are a lot of consequences that the doctor could face. Consider the following:
Disciplinary Actions
A doctor found guilty of medical malpractice could face several levels of disciplinary action, including having their license suspended or revoked. This would only happen if the New Mexico Medical Board deems it appropriate. In that instance, it would prevent them from practicing medicine in the state.
Punitive Damages
Every doctor is required to carry medical malpractice insurance. If found liable, the insurance carrier would pay compensatory damages to the plaintiff. The recently passed Medical Malpractice Act caps those damages at $750,000. However, there’s no limit to the amount of punitive damages that a plaintiff could be awarded. If those damages exceed the limits of the insurance policy, the doctor will have to pay the punitive amount or offer a settlement based on their available assets.
Increased Insurance Premiums
After getting into a car accident, you might find that your insurance rates have gone up. The same situation will happen with a doctor accused of malpractice. If they’re still allowed to practice medicine, their medical practice insurance will undoubtedly rise substantially.
Loss of Reputation
A study published by the National Library of Medicine found that doctors win between 80% and 90% of medical malpractice jury trials.
However, that doesn’t mean their reputation won’t take a hit. Patients might feel less inclined to stay with the doctor. It could also prove difficult to find new patients because medical malpractice complaints are a matter of public record.
Proving a Malpractice Claim
To prove a malpractice claim, you and your attorney need to clearly establish the four following elements:
The Doctor / Patient Relationship
Before you can file a medical malpractice claim, there must be a clearly defined patient-doctor relationship. That is not limited to a patient and their general practitioner but any professional medical relationship.
For example, if you go to an ER, you’ll meet all those doctors for the first time, but you’ll be in a professional relationship where you seek care. On the other hand, if you meet a doctor at a party and ask for their medical opinion that proves to be in error, you won’t be able to sue that doctor for malpractice.
Negligence
Next, you must establish that the medical practitioner acted negligently. Negligence is a substandard level of care. It doesn’t necessarily mean an unfavorable outcome but instead a clear case of medical error or misdiagnosis.
Causation
You then must prove that the doctor’s negligence caused you direct harm.
Damages
Finally, you must provide an assessment of the losses you’ve incurred because of the error. That assessment can include all the medical expenses, lost wages, and pain and suffering associated with the incident.
Making these assessments is another reason to bring an experienced medical malpractice attorney into your case. At Barrera Law Group, LLC, we offer free consultations that can answer all your questions related to your complaint.
Our goal is to help our clients find the compensation they are due and hold the negligent doctors accountable.