Albuquerque Medical Malpractice Attorneys

You should be able to trust that you’re in good hands when you seek medical treatment or care. However, when healthcare providers act in negligence or make medical errors, they can cause devastating injury, illness, and death.

If you have suffered negligence or misconduct at the hands of your healthcare provider, you may be entitled to financial compensation. Our experienced Albuquerque medical malpractice attorneys at Harrison, Hart & Davis, LLC could help you make the liable parties pay.

What is Medical Malpractice in New Mexico?

Medical malpractice occurs when a healthcare provider fails to uphold their duty of care. The healthcare industry standard of care is higher than any other because healthcare providers have patients’ lives in their hands daily.

When a healthcare provider knowingly acts or fails to act in a way another healthcare provider of similar training, education, and experience would in the same situation, the standard of care has been breached.

Forms of Medical Malpractice

You might have grounds for a medical malpractice claim in Albuquerque if your healthcare provider’s negligence or misconduct caused you to suffer an injury, illness, or subsequent damages. Some common types of medical malpractice cases we see in Albuquerque include:

  • Delayed diagnosis
  • Misdiagnosis
  • Surgical mistakes
  • Anesthesia mistakes
  • Birth injuries
  • Failure to provide follow-up care
  • Failure to check a patient’s vital signs
  • Defective medical equipment

These are only a few common ways healthcare providers make medical mistakes. If you were injured or became ill due to another type of medical error, be sure to contact our office to find out whether you have grounds for a medical malpractice lawsuit.

What is Negligence?

Medical negligence and medical malpractice are two different things. Medical negligence refers to an honest mistake or lack of action a healthcare provider makes during care. Medical malpractice happens when a healthcare provider knows there could be damaging consequences because of their action or inaction.

Compensation Available in Albuquerque Medical Malpractice Cases

Medical malpractice victims in Albuquerque have the right to be compensated for every single loss they have suffered because of their healthcare provider’s negligence or misconduct.

Some of the more common types of economic damages and non-economic damages you could recover include:

  • Your medical bills, treatment expenses, and future medical care
  • The money you lost by not being able to work
  • Your loss of potential future earnings
  • The physical and emotional distress you have experienced
  • Your inability to participate in activities you once enjoyed
  • The loss of companionship and love
  • The emotional trauma of skin scarring and disfigurement
  • The patient’s funeral and burial expenses in the event of a death

New Mexico Medical Malpractice Law

In 2021, the New Mexico Medical Malpractice Law took effect. Under New Mexico Statutes, Section 41-5-1 through 41-5-29, strict requirements must be met for a medical malpractice lawsuit to move forward. These include:

  • Your claim must be filed before the New Mexico medical malpractice statute of limitations of three years expires
  • Healthcare providers who do not become “qualified healthcare providers” and purchase medical malpractice liability insurance under the New Mexico Medical Malpractice Act will not be protected by the law
  • Before a claim has been filed, patients must apply to the New Mexico Medical Malpractice Review Board, and provide them with information regarding the medical malpractice in question as well as the patient’s medical records
  • There are damages caps of up to $600,000 that can be awarded in a New Mexico medical malpractice claim, which excludes the cost of ongoing medical care or rehabilitative measures
  • The Patient Compensation Fund is paid into by qualified health care providers who pay annual surcharges to protect themselves in the event of a medical malpractice claim, with physicians being required to pay a maximum of $200,000 before the Patient Compensation Fund kicks in

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What is the Process for Pursuing Medical Malpractice?

If you hope to pursue a medical malpractice claim in Albuquerque, you must do so according to the rules of the New Mexico Medical Malpractice Act. This means your case will start off by applying for review with the New Mexico Medical Malpractice Review Board.

This panel will review your case to determine whether sufficient evidence exists to proceed with a civil lawsuit or insurance claim. Supporting evidence for a medical malpractice lawsuit includes:

  • Medical records
  • Witness statements
  • Photos of your injuries
  • Copies of your medical expenses
  • Statements from your physician
  • A second opinion statement

If the Medical Malpractice Review Board gives the OK to move forward with your case, your attorney will then work on building a powerful insurance claim or civil lawsuit against the liable party.

Every person’s medical malpractice case is different. Some may settle outside of court, while others will need to go to trial to get the most out of their claim.

Since New Mexico’s medical malpractice laws are so complex, you must have an experienced attorney on your side who can help you with these complicated legal matters and recover the compensation you deserve.

Carter B Harrison IV

Attorney & Partner

Nicholas T Hart

Attorney & Partner

Frank Davis

Attorney & Partner

Call Harrison, Hart & Davis, LLC for Help Today

Medical malpractice laws in Albuquerque are notoriously complex. If you have suffered at the hands of your health provider and do not know where to turn for help, reach out to an experienced Albuquerque medical malpractice attorney at Harrison, Hart & Davis, LLC to discuss your legal option for financial recovery.

Fill out our convenient contact form or call (505) 295-3261 to schedule your no-cost, risk-free consultation today.

The Right Firm For Your Case

We’re ready to help you get your life back on track.

From our office in Albuquerque, Harrison, Hart & Davis, LLC serves clients throughout New Mexico. We are focused on getting you the best outcome possible in the harshest of situations.

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