People who need medical care place their trust and often their very lives in the hands of doctors, surgeons, hospitals, and other medical professionals. Unfortunately, medical mistakes during exams and procedures frequently lead to catastrophic injuries, which may be the legal basis for a medical malpractice lawsuit. If you or a loved one has been injured due to the negligence of a medical professional, it is crucial to consult an experienced personal injury lawyer.
Hunt Law Firm has been fighting for medical malpractice victims throughout New Mexico for almost 20 years. We are dedicated to holding responsible parties accountable for medical negligence and helping our clients receive just compensation. Unlike other attorneys who settle malpractice claims, we devise courtroom strategies that can lead to successful outcomes in these types of lawsuits. When you become our client, we will offer you knowledge, compassion and handle your case with the attention it deserves.
What is Medical Malpractice?
A medical malpractice lawsuit cannot be filed merely because you were dissatisfied with the medical treatment you received. Instead, we must be able to show that the negligence of a doctor, hospital or other medical professional caused you harm, worsened your condition, caused unreasonable complications, or required additional medical treatment. It is also necessary to prove that the doctor or other healthcare provider deviated from the acceptable standard of care — the type of care that a reasonably prudent physician would have provided under the same circumstances.
A viable claim also requires demonstrating that the doctor’s negligence was the direct cause of your injury and that the injury led to specific damages (e.g physical harm, disability, lost wages, past, and future medical expenses, future suffering, and hardship) Finally, before a lawsuit can be filed in New Mexico, it is necessary to file an application for review with the state’s Medical Review Commission.
Causes of Medical Malpractice
Medical malpractice cases typically require a significant amount of research and careful presentation to be successfully litigated. At Hunt Law, we have experience handling virtually every type of malpractice case, including those arising from:
- Misdiagnosis of cancer
- Misdiagnosis of cardiac conditions
- Misdiagnosis in pediatrics
- Prescribing experimental drugs
- Performing cosmetic surgery
- Birth injuries or death resulting from delayed C-section procedure, failure to monitor the fetus, or improper delivery technique
- Emergency room errors
- Gastroenterology errors
- Medical device injuries
- Negligence on the part of a hospital, surgeon, nurse, obstetrician/gynecologist (OB/GYN), or any other doctor or health care worker who fails to follow accepted standards of practice
- Post-surgical infection
- Nursing home neglect
- Lack of informed consent
In addition, medical malpractice can also result from caregiver negligence, improper hiring, poor training, and managerial incompetence. Above all, we are committed to helping medical malpractice victims obtain just compensation for catastrophic injuries and wrongful death.
What is informed consent?
All doctors and healthcare providers in New Mexico have a legal obligation to inform patients of the potential risks, benefits, and alternatives to any recommended treatment, surgery, or procedure. Before proceeding, it is also necessary to obtain the patient’s written permission to do so. This is referred to as “informed consent.” A medical professional who fails to obtain the patient’s informed consent and subsequently causes an injury can be held liable for medical malpractice.
How long do I have to file a medical malpractice lawsuit?
If you were injured because of a New Mexico medical professional’s negligence, you must file a medical malpractice claim within 3 years of the date that the injury occurred.
In a successful medical malpractice lawsuit, you may be awarded economic and non-economic damages. Economic damages are intended to cover lost and future earnings and medical expenses, while non-economic damages compensate victims for pain and suffering, loss of enjoyment of life and similar intangible losses. It is important to note that damages are generally capped by state law at $600,000 for medical malpractice claims; however, past and future medical expenses are excluded from the limit.
Contact Our Experienced Santa Fe & Albuquerque Medical Malpractice Litigation Lawyer
Founding attorney Lee Hunt dedicates his practice to holding negligent doctors, surgeons and other healthcare providers accountable for causing harm to patients.
While doctors and other medical professionals seek to deny liability or settle malpractice claims for as little money as possible, we have the skills and resources to hold them accountable through a strategic medical malpractice lawsuit. By conducting a thorough investigation and collaborating with respected medical experts who can provide testimony at trial, we will work to obtain the maximum compensation you deserve. If medical professionals’ negligence caused or contributed to the death of a loved one, we will determine if there are grounds for a wrongful death lawsuit.
At Hunt Law Firm, we handle all medical malpractice cases on a contingency basis, which means that you don’t pay us anything until we win compensation for you. Please contact our office today for a free consultation.
Hunt Law represents medical malpractice victims in Albuquerque, Rio Rancho, Raton, Roswell, Santa Fe, Los Alamos, Las Vegas, and throughout the state of New Mexico.