If you suffered an injury and believe a medical professional’s negligence may be the cause, discuss your case with an Albuquerque medical malpractice attorney. Though not all negligence is malpractice, if a reasonable and prudent doctor would not have acted the same way under the circumstances, the medical professional in question may be guilty of malpractice. In these cases, patients may qualify for compensation through the civil system.
If a negligent physician injured you, contact the medical malpractice lawyers at The Fine Law Firm in Albuquerque. Our Albuquerque personal injury attorneys have decades of experience handling complex medical malpractice lawsuits. We aren’t afraid to take a doctor, hospital, or emergency care center to court on behalf of our clients.
Why Choose Us?
The Fine Law Firm has the case history, passion for justice, and experienced lawyers you need for a strong medical malpractice case. We will fight aggressively for your rights in the face of negligent doctors, unsanitary hospitals, and bad faith insurance companies. Clients choose our Albuquerque medical malpractice lawyers for the following reasons:
- 99% settlement success rate
- No fee unless we win
- Personal relationships with clients
- Extensive trial experience
The medical malpractice lawyer you hire for your medical malpractice case in New Mexico can determine whether you settle for less than your claim is worth or receive maximum compensation. The Fine Law Firm has what you need for a strong case.
Why Do You Need a Medical Malpractice Lawyer?
Medical malpractice lawsuits are often highly complex. From a medical review commission requirement to a strict statute of limitations, you need to obey many rules for the courts to even consider hearing your case. A medical insurance company will try hard to reject your claim or reduce your settlement amount. Hiring a medical malpractice lawyer can make the claims process easier on you and your family. It can also give you an edge during insurance settlement negotiations.
How a Medical Malpractice Lawyer Can Help
A lawyer is extremely helpful in medical malpractice cases for several reasons.
Evidence Acquisition
Lawyers help gather evidence, but this goes further than it does for the average person representing their own case. Lawyers conduct investigations that take into account details dictated by their professional discretion and previous experience. This results in a thorough collection and documentation of various forms of proof for your case.
Access to Expert Witnesses
Moreover, an attorney has access to professional opinion via expert witnesses. A defendant doctor or hospital does take notice of certain expert witnesses and may change how they evaluate a case depending on who the plaintiff hires. An experienced medical malpractice attorney should be familiar with the local experts that have the best reputations and will be most effective in obtaining the highest possible recovery. However, the Albuquerque medical malpractice attorneys at the Fine Law Firm are also not afraid to search nationally for the best expert witness when it means helping our client’s as best we can.
Expert witnesses are professionals hired to provide their opinion on applicable cases. In medical malpractice cases, an expert witness provides technical, healthcare-specific insight that could prove negligence. For example, a medical expert witness might identify fault in the physician’s consent form, contributing another source of proof to your case.
Settlement Negotiations
Medical malpractice attorneys also handle settlement negotiations. Not all personal injury cases immediately go to court and, in most cases, it is beneficial to attempt to negotiate a settlement before involving the court at all. Negotiation settlement via insurance is an option for both independent physicians and hospitals/facilities. During negotiation settlement, an Albuquerque medical malpractice lawyer can help you determine if a settlement offer does not accurately reflect your damage. They will advise you in how to speak to claims adjustors and can help negotiate offers that are on the table.
Medical malpractice can be severely damaging, causing permanent damage in some contexts. This can be costly both financially and emotionally, but survivors of malpractice can always seek compensation for their damages. If you suspect medical malpractice has caused some form of injury or damage, consult with a lawyer for free to learn what your options are.
What is Medical Malpractice?
Medical malpractice falls under personal injury law, which operates on a system of negligence. Filing a claim requires more than just the necessary court forms for filing – small claims courts require you to gather your own evidence, too. This is one reason why hiring a medical malpractice attorney is an effective move when pursuing a personal injury claim.
As the claimant, you possess burden of truth. This means you must provide solid evidence to support the following assertions:
- The medical professional owed you a duty to provide safe, reasonable, and informed diagnoses/treatment.
- The medical professional breached this duty by acting in a negligent or reckless manner.
- This negligent action, or inaction, directly caused the damaged condition of the patient.
- The patient sustained verifiable physical damage and/or emotional distress.
Gather all evidence pertaining to your case, including your medical records, correspondence with the medical professional, and before-and-after pictures if the damage is physically noticeable. A medical malpractice attorney can help you with this process to make sure you don’t miss any details that could build your case. If you lost a loved one due to medical malpractice, our wrongful death attorneys in Albuquerque can help.
What is Considered to be Medical Malpractice?
Medical malpractice includes any action or behavior that a responsible, skilled medical professional would not have exhibited. This definition leaves a tremendous blank space because it is meant to encompass all irresponsible and/or reckless acts. However, this makes it difficult for a patient to clearly understand if their case counts as medical malpractice. Medical malpractice can include one or several of the following:
- Lack of communication between the professional and patient. The professional might omit necessary details or communicate about diagnoses/treatment in a way that doesn’t accurately reflect the patient’s condition.
- Deviation from the agreed-upon treatment. Some medical professionals deviate from the plan that they initially communicate with the patient. This often happens in surgery and/or plastic surgery, with the patient feeling surprised and violated that the doctor made unapproved changes.
- Negligence is not purposeful, but still causes harm. Medical professionals make mistakes, too. However, the cost of their mistakes could be fatal within their profession, requiring constant responsibility in the workplace.
- Bias toward the patient and consequential inadequate treatment of the patient. In some cases, patient-related bias prevents professionals from making accurate moralistic calls. For instance, a woman who complains of severe pelvic pain and pressure might have the doctor tell her she is fine and is just being overdramatic, and then send her home. If this woman requires emergency medical attention that could have been identified by a thorough examination and treatment, she can press charges.
Examples of Medical Malpractice
Any action a prudent physician would or would not have taken, resulting in serious injury to the patient, may constitute medical malpractice. Miscommunication, negligence, carelessness, and intent to harm could all cause preventable patient injury or death. The most common examples of medical malpractice are as follows:
- Surgical errors
- Prescription errors
- Improper care conditions
- Medication errors
- Birth injuries
- Anesthesia errors
- Misdiagnosis/failure to diagnose
- Lack of informed consent
- Negligent patient care
Many medical malpractice cases are based in negligence, as reflected in the list above. Oftentimes, not paying attention to detail, for any reason, is the cause of this negligence.
If you believe you have a medical malpractice claim in New Mexico, such as a surgical mistake or birth injury, contact our Albuquerque medical malpractice attorneys. We can investigate your situation, review your medical records, and help you determine if a professional has been negligent. We can help you identify the party liable for your damages.
Who Is Liable?
An individual physician may be liable for your damages if he/she was an independent contractor at the healthcare center. His/her professional insurance plan may cover your damages. If an employee of the hospital, such as a nurse or assistant, caused your injuries, you may be able to hold the establishment responsible.
Although many medical malpractice cases involve physician negligence, some cases involve other factors impact treatment and/or diagnosis. Other potential liable parties could include medical equipment/device manufacturers, property owners, or third parties. Faulty medical equipment is primarily to blame for these situations. For example, a broken x-ray machine might lead to misdiagnosis.
Filing a Medical Malpractice Claim
When deciding whether to file a lawsuit for medical malpractice, do your research before initiating the process. One informative way to do your research is to contact a local personal injury lawyer for a free consultation. A free consultation gives you a general idea of what to expect and whether your case is solid. They can show you which forms you must submit when you file your claim.
Regardless of your choice to pursue additional legal advice from a lawyer, you should file your claim after consultation. This often involves personally filing the appropriate forms with your local small claims court. Remember to do this within your own state’s statute of limitations, which dictates the timeframe a claimant has to file.
Depending on your specific case, the evidence-gathering stage could have already started. If you received treatment to correct malpractice-related issues, keep the receipts associated with these procedures. Request a copy of your medical records, too – these are evidence. Continue gathering evidence through pictures, past physician correspondence, and any other form of documentation supporting your case.
Damages in a Medical Malpractice Claim
In filing your claim, you assert the instance of medical malpractice caused damages you wish to recover via compensation. Recoverable damages in a medical malpractice claim can include:
- Pain and suffering
- Lost wages
- Diminished capacity to earn future wages
- Medical bills to repair damage, including medication and other associated equipment
- Therapy
- Loss of consortium
- Embarrassment and humiliation
Medical malpractice cases are often emotionally distressing because of their personal nature. Patients can seek compensation for the emotional/psychological aspect of their experience in addition to costs associated with treating physical damages.
Contact Us Today
Contact us as soon as you can after realizing you or a loved one could be the victim of medical malpractice in Albuquerque. If a negligent physician or another party caused your injury, pain and suffering, or other damages, you could be eligible for compensation. Call today for your free consultation with our team.