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How to File a Medical Malpractice Lawsuit in New Mexico

When you’re sick or injured, you trust doctors, hospitals and medical professionals to care for you and help you recover. If someone you trust with your medical care makes a mistake or is negligent in a way that harms you in New Mexico, you have the right to file a medical malpractice lawsuit to recover costs for your medical bills and pain and suffering. Read on to learn about filing a malpractice claim and how a Carabin Shaw lawyer can help you get the compensation you deserve.

Filing Requirements

If you’ve been harmed by malpractice, knowing the basics of how to file a medical malpractice lawsuit in New Mexico will prepare you for the steps you’ll need to take before and after you hire an attorney. Depending on the type of illness or injury you have, you may not be able to file a claim until further along in your recovery. Keep in mind that the statute of limitations for filing a medical malpractice claim in New Mexico is three years from the date of the malpractice, with certain rare exceptions. Your claim for medical malpractice in New Mexico can be dismissed if you wait longer than the statute of limitations, so make sure you take action as soon as you’re able.

Filing a complaint with the court is the first step in a medical malpractice case. In your complaint, you must include certain statements and information, such as the facts of each claim, the names of all the defendants, and a demand for damages. The New Mexico medical malpractice lawyers representing you will spend time investigating your case and working with you to make sure all of the facts and parties at fault are included in your complaint.

In addition to filing a complaint with the clerk of the appropriate court, you must also send each named defendant a summons informing them of the complaint. Each defendant must answer your complaint within 30 days of receiving the summons. Answering your complaint means that a defendant files with the court a statement either denying the statements of fact in your complaint or admitting them.

Discovery Phase

Once your complaint has been filed and answered by the defendants, your case enters the discovery phase. Discovery is the legal term for the process whereby attorneys representing both sides collect evidence. In a claim for medical malpractice in New Mexico, discovery is likely to include the following:

  • Depositions with you, the defendants, medical experts and any other pertinent witnesses in your case
  • Doctor’s notes and medical records related to the malpractice and the harm caused by it
  • Medical and psychological exams to confirm your illnesses and injuries

Our experienced New Mexico hospital negligence attorneys at Carabin Shaw will explain the discovery process to you and guide you through any depositions or examinations you may go through.

Medical Review Commission

Often, civil cases settle before they ever go to trial. Settling means that the opposing sides agree to a compromise in order to avoid the expense of litigation, which can be time-consuming and difficult. In New Mexico, all medical malpractice lawsuits are required to go before a medical review commission. The commission, which consists of three attorneys and three medical professionals, reviews the evidence in your case and submits a finding as to whether or not the events of the claim occurred and if they did, whether or not they’re likely to be considered malpractice.

New Mexico medical malpractice lawyers will file the appropriate paperwork with the commission and present evidence to support your case. The commission’s decision isn’t binding and doesn’t affect your ability to continue your case. Once you receive the commission’s judgment, you and your attorney will decide whether it’s in your best interests to settle with the defendants or continue on to trial.

If you’ve been the victim of medical malpractice in New Mexico, you deserve to be compensated for your expenses and pain and suffering. For a free consultation with an experienced lawyer, call Carabin Shaw today at 915-779-2301. We’ll fight for the compensation you deserve.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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