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New Mexico Medical Malpractice Cap Ruled Unconstitutional

Medical malpractice in New Mexico occurs when a healthcare professional acts with negligence, thereby further harming the patient. Medical malpractice cases typically result in a settlement. A settlement does not involve going to trial. Instead, financial payment is made to cover the costs of damages. New Mexico residents who have suffered due to medical malpractice deserve the appropriate settlement. You can achieve this outcome by obtaining the right legal help. Consider working with a lawyer from the offices of Carabin Shaw.

New Mexico medical malpractice lawyers fought to avoid placing a cap on the number of damages, or financial compensation, you can receive when it comes to non-economic damage. Recently, the New Mexico medical malpractice cap was ruled unconstitutional. This decision impacts potential lawsuits and how much you might receive during these settlements.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional fails to uphold the standard of care appropriate for the patient. Deviation from the standard of care typically results in harm or damage. There are four aspects to medical malpractice cases:

  1. A professional duty was owed to the patient
  2. There was a breach of duty
  3. The breach of duty caused the injury
  4. The injury caused damages

A successful medical malpractice lawsuit will prove these four aspects. However, it is more common for your lawyer to be part of negotiations for a settlement. Medical malpractice cases rarely go to trial. Examples of medical malpractice include:

  • Failure to diagnose
  • Unnecessary treatment, such as surgery or medication
  • Premature discharge

Undesirable treatment does not equate to medical malpractice in New Mexico. It is crucial to talk with your doctor about all possible outcomes and effects. If your doctor suggests treatment that makes you uncomfortable, then consider getting a second opinion. Your safety and security are worth it.

Medical Malpractice Caps

You can sue for economic and non-economic damages. Economic damages include directly calculable costs. For example, medical treatments and surgeries are considered to be economic damages. Your attorney may advise you to keep track of your medical bills and expenses. Non-economic damages include emotional stress, pain and suffering, and lost wages. These are things that do not directly correspond with a monetary amount.

New Mexico’s medical malpractice cap had only applied to non-economic damages, stating that victims could only receive up to $600,000 for damages like lost wages and pain and suffering. But in April 2018, A New Mexico court in Albuquerque ruled this cap unconstitutional. In addition, keep in mind that the totality of medical costs (economic damages) may be covered, regardless of the cap, as well as punitive damages. New Mexico medical malpractice lawyers want your economic and non-economic expenses covered.

When You Should Sue

Medical malpractice in New Mexico must be filed with a lawyer up to three years after the incident that caused the harm. If the malpractice does not correspond with a specific date, then it is better to be safe and file as soon as possible. The statute of limitations is simply the time limit one has to file a case. So, if you are interested in submitting a claim, speak to your legal representative as soon as possible.

What to Expect Next

The New Mexico hospital negligence attorneys of Carabin Shaw recommend calling as soon as possible to remain within the statute of limitations. When you work with us, you can expect professionalism, excellent legal assistance, and the compensation you deserve. Your attorney will help gather necessary information, such as medical bills and contact information. He or she will also handle all negotiations.

Don’t let your medical malpractice case take over your life. For a free consultation, call us today at 432-620-0544 or reach us toll-free at 1-800-862-1260.

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

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