How to Prove a Medical Malpractice Case | New Mexico Attorneys
Medical malpractice is one of the biggest problems facing America’s current healthcare system, and medical errors are the third leading cause of death in the U.S. each year. But did you know that only 2.9% of malpractice victims actually file claims? Medical malpractice occurs whenever a doctor or medical professional deviates from the accepted standard of care and consequently injures—or kills—their patient. If you or a loved one have been injured by a negligent medical provider in New Mexico, you may be wondering how to prove a medical malpractice case in our state.
Fortunately, our New Mexico medical malpractice lawyers have compiled a list of basic information about medical malpractice in New Mexico so that you know what must be proven to win your medical malpractice lawsuit.What Your Lawyer Must Prove to Establish Medical Malpractice
There are three things that must be proven by your lawyer in order for your medical malpractice claim to be successful:
1. A Doctor-Patient Relationship Existed
The first thing your lawyer must prove is that you were under the care of the doctor who harmed you.
2. The Doctor Was Negligent
It’s not enough to be unsatisfied with the care you received—your attorney must be able to prove that your doctor was acting negligently. In order to do this, your attorney must enlist the services of an expert medical witness to show that a competent doctor in the same circumstances as your medical provider would have acted differently when treating your condition.
3. The Doctor’s Negligence Caused Your Injuries
If your doctor was negligent and you were unharmed, you do not have adequate grounds for medical malpractice in New Mexico. Your lawyer must be able to prove that your injuries were either caused or worsened by your doctor’s negligence.Difficulties of Proving Medical Malpractice
Any personal injury lawyer will tell you that medical malpractice cases are notoriously difficult—and expensive—to litigate. For reasons that legal experts can’t agree on, juries tend to side with doctors whenever medical malpractice suits go to trial. One study found that doctors and hospitals avoid paying as much as 80% of the economic damages that result from their errors. If you are considering filing a medical malpractice claim, you should know that it will be an uphill battle—and you will need a truly experienced attorney if you want a shot at winning your case.The Carabin Shaw Difference
At Carabin Shaw, we employ only the best New Mexico hospital negligence attorneys, and our lawyers have a combined 200 years of legal experience. Even though medical malpractice claims are some of the most difficult types of cases, our attorneys have been handling and winning malpractice suits for more than two decades. We’ve helped hundreds of medical malpractice victims receive financial compensation for their injuries, meaning we have the experience and the know-how to do the same for you and your family.Free Initial Consultation
You should know that we offer each and every one of our new clients a no cost, no obligation consultation with a knowledgeable personal injury attorney. This means you have nothing to lose by giving us a call today and learning what we can do for you. So call our New Mexico office today at 915-779-2301 for your free consultation with one of our New Mexico medical malpractice lawyers and find out how we can help. Let us help you get justice—and compensation—so you can get your life back on track after experiencing medical malpractice in New Mexico.