New Mexico Medical Malpractice Laws: What Victims Need to Know

When you are sick or hurt, you deserve the best medical care possible. Most of the time, doctors and other medical professionals in New Mexico provide appropriate care and you’ll be back on your feet quickly. However, sometimes a medical professional is negligent, and your health and ability to lead a normal life suffers as a result. If you’ve been a victim of medical malpractice, read on to find out if an attorney at Carabin Shaw can help.

Medical malpractice means that a medical professional such as a doctor or nurse has been negligent in providing medical care to a patient. New Mexico medical malpractice laws are more specific than general personal injury laws, and understanding some of the specifics will help you figure out if you’ve suffered from medical malpractice.

A medical malpractice suit can be filed against not just a doctor, but against any licensed healthcare practitioner who committed medical malpractice. If you think your doctor or another licensed healthcare provider may have committed medical malpractice, you should contact a lawyer to find out if you are entitled to compensation.

In New Mexico, negligence in medical care means the care you received from a licensed healthcare provider fell below the general standard of care. This negligence can take the form of a healthcare provider’s misconduct, error, or omission. If you file a medical malpractice suit, you bear the burden of proof, and New Mexico medical malpractice lawyers are experts in determining if you will be able to meet this burden. In order for your lawsuit to be successful, you will have to prove that:

• A doctor-patient relationship existed between you and the provider when the malpractice occurred
• The provider’s actions didn’t meet the accepted standard of care
• The provider’s actions caused you harm

The New Mexico Medical Malpractice Act contains provisions specific to this kind of personal injury law. The New Mexico medical malpractice statute of limitations is three years from the date of the malpractice. If the victim of medical malpractice is under six years of age, a medical malpractice suit may be filed any time before the victim turns nine.

The effects of medical malpractice may not be felt or seen for some time after the initial act of malpractice, so be aware of the statute of limitations. If you suspect you have suffered from a licensed healthcare provider’s negligence, you should contact a medical malpractice attorney in New Mexico immediately to ensure you don’t miss the opportunity for compensation.

In New Mexico, medical malpractice compensation is governed by a $600,000 limit on noneconomic damages. Economic damages result directly from the act of malpractice and are financially quantifiable, such as lost income and medical expenses. Noneconomic damages, which are awarded separately, cannot be precisely quantified, such as loss of potential future income and pain and suffering. New Mexico hospital negligence attorneys will help you figure out what kind of damages you’re entitled to and whether they are considered economic or noneconomic damages.

There is a case currently in litigation that challenges the constitutionality of the limit on noneconomic damages. This attempt to mitigate New Mexico medical malpractice tort reform may result in victims of medical malpractice being able to recover noneconomic damages in excess of the current $600,000 limit in the future. As of now, the case is still pending in the court system, so you should contact an attorney to guide you through your options in a medical malpractice suit.

If your health and quality of life have been compromised by the negligent actions of a doctor or other licensed healthcare provider, contact a Carabin Shaw lawyer at 915-779-2301 for a free consultation to see if you’re entitled to compensation.