While we trust doctors, nurses, and other healthcare workers to keep us alive and healthy, medical malpractice can cause horrific, lifelong harm. If you sustained a medical malpractice injury in Santa Fe or elsewhere in New Mexico, you must meet exacting legal standards to prove your case and recover compensation. The four elements you must prove are:
Duty of Care
The first step in a medical malpractice case is showing that your doctor (or another healthcare provider) owed you a duty of care. This means proving you had a clear doctor-patient relationship—they agreed to treat you, and you trusted them to provide care that meets professional standards.
For example, if you saw a doctor at a hospital or clinic, they were legally responsible for treating you with reasonable skill and care. If you didn’t have an established relationship, that provider likely didn’t owe you that duty. Once you’ve established a clear duty of care, you can move on to what went wrong with your treatments.
Breach of Standard Care
Next, you must show that your provider didn’t meet the standard of care expected in their profession. That means showing how they made a mistake that another doctor (with similar training and experience) wouldn’t have made in the same situation. For example, a misdiagnosis, surgical error, or failure to follow up on symptoms could be examples of breaching the standard of care. Even if the doctor didn’t make an intentional error, it can still count as malpractice if it falls below what’s considered acceptable medical care.
Causation
It’s not enough to prove that your provider made a mistake. You must also show that the error directly harmed you. This part, called causation, connects the dots between what your provider did (or didn’t do) and the outcome you experienced. For instance, if a delayed or incorrect diagnosis allowed a severe condition to worsen, that delay may be why your health declined.
Damages
Finally, you must prove that you suffered real harm because of the mistake. This harm can include things like extra medical expenses, lost income, lasting health issues, emotional distress, or pain and suffering. If you weren’t seriously hurt, it’s unlikely you’ll have a strong claim. But if the provider’s error made your situation worse or caused long-term problems, you may have the right to damages (compensation).
Evidence to Prove Your Doctor Committed Malpractice
Robust evidence is the foundation of any medical malpractice case. Some evidence we might use to show your injuries resulted from malpractice includes:
- Medical Records – These show exactly what treatment you received, when it happened, and who provided it. They help establish the duty of care and can reveal where your provider may have deviated from standard practices.
- Expert Testimony – Medical experts can review your case and explain how your provider’s actions differed from what a competent doctor would or should have done. This testimony is often crucial for proving a breach of standard care and showing causation.
- Diagnostic Test Results – Lab work, imaging scans, and other test results can show whether your condition was misdiagnosed, missed entirely, or got worse due to delayed or improper treatment.
- Witness Statements – Statements from nurses, staff, or family members present during your treatment can shed light on what went wrong and when.
- Proof of Damages – Bills, pay stubs, and personal journals can help show the physical, financial, and emotional toll of your injury or illness.
Contact Our Santa Fe Malpractice Attorneys
Attorney Lee Hunt and the team at Hunt Law Firm have served injured people in Santa Fe and throughout New Mexico for close to 20 years. We understand how a doctor’s careless actions can upend your life and are committed to holding negligent healthcare providers accountable. Call now or complete our contact form for a free consultation.