Hospitals are responsible for the health and safety of thousands of patients each year. If a health care provider at a hospital – or the facility itself – makes a lapse in judgment, the consequences can be catastrophic for the patient. Victims harmed by hospital negligence in Albuquerque may be able to recover financial compensation for their damages through legal action. Medical malpractice attorneys in Albuquerque can be invaluable throughout the claims process.
What Is Hospital Negligence?
“Negligence” in personal injury law refers to the failure of an individual or entity to act with proper care. “Hospital negligence” describes any breach of the standard of care required by medical professionals in a hospital setting, such as a doctor, nurse or surgeon falling short of the expected level of patient care. If hospital negligence results in harm, injury or the death of a patient, the facility can be held legally responsible (liable) through a medical malpractice lawsuit in New Mexico.
Examples of Hospital Negligence
If a hospital in Albuquerque is not operated according to the medical industry’s best practices, its patients can suffer serious consequences. A careless, distracted, reckless or incompetent health care provider in a hospital could cause harm to a patient through many different actions and omissions, including:
- Making a mistake when prescribing or administering medications
- Failing to make a prompt or accurate diagnosis of an injury or illness
- Ignoring a patient’s medical history
- Failing to communicate properly with the rest of the medical team
- Performing a surgery on the wrong patient
- Performing the wrong type of surgery
- Operating on the wrong body part or side of the body
- Leaving a foreign object behind in the body cavity
- Prematurely discharging a patient
- Failing to provide proper follow-up care
- Failing to properly clean and sanitize medical equipment
A poorly run hospital could also cause patient harm due to issues such as negligent hiring or training, inadequate staffing, overworked employees, and a dangerous or unclean environment.
The Dangers of Hospital Negligence in Albuquerque
Hospital negligence can cause a wide range of patient injuries and illnesses that would not have occurred with proper medical care and attention. Negligence can also lead to a worsening of existing injuries and illnesses, such as cancer. The failure to receive proper treatment due to medical negligence can result in any of the following:
- Infections
- Bedsores
- Organ damage
- Hemorrhaging
- Nerve damage
- Allergic reactions
- Drug overdose
- Traumatic brain injuries
- Birth injuries
- Permanent disability
- Scarring or disfigurement
- Preventable amputations
- Wrongful death
The financial losses for a victim of hospital negligence can be immense. The patient may incur the costs of corrective surgeries, therapies, rehabilitation, or long-term care in cases involving brain injuries or disabilities. The patient may also suffer emotional and psychological harm, such as post-traumatic stress disorder (PTSD), anxiety, depression, lost quality of life and a loss of trust in the health care system.
When Is Hospital Negligence Considered Medical Malpractice?
Hospital negligence is a serious lapse in medical care that, when present in health care centers in Albuquerque, could take lives. If a reasonable and prudent provider in the same position as the accused would have acted differently and prevented the harm done to a patient, it is considered medical negligence or malpractice. Negligence can give the victim or victim’s family grounds to file a medical malpractice claim.
Proving a hospital negligence case requires evidence that the health care provider had a duty to provide adequate care to the patient, breached or failed to meet this duty, and caused the patient’s injury, illness or death. There must be a provable link between the patient’s harm and the health care provider’s negligence. Damages must also be present, such as bodily injuries or medical expenses.
Financial Compensation for Hospital Negligence in Albuquerque
Victims of hospital negligence in Albuquerque have the right to file a claim or lawsuit in pursuit of justice. Taking legal action could deliver justice to the victim by holding a negligent health care provider accountable, which can also potentially protect other patients in the future. If the medical malpractice case is successful, the victim could recover financial compensation for various economic and noneconomic damages, such as:
- Past and future medical bills
- Lost wages
- Out-of-pocket costs
- Pain and suffering
- Disability
- Loss of consortium
- Loss of enjoyment of life
- Death benefits, if applicable
A hospital could be held directly liable for its own negligence or vicariously liable for the negligence of its employees. If an independent contractor at the hospital is to blame, however, he or she may be held individually liable for the victim’s damages. An attorney can help you determine who is liable in your hospital negligence case.
What Is the Statute of Limitations in New Mexico?
A medical malpractice lawsuit is a complicated type of claim that comes with many rules and requirements. One is the statute of limitations, or New Mexico’s law requiring plaintiffs to file medical malpractice claims within a certain amount of time. In general, if you wait too long and your statute of limitations to file a claim expires, you will be unable to hold a hospital liable for negligence.
New Mexico Statutes Annotated § 41-5-13 states that a claim for malpractice must be brought against a health care provider within three years of the date of the act of malpractice. If the medical malpractice was not discovered right away, the victim may have three years from the date of reasonable discovery to file instead of the date that the act of negligence took place.
When to Contact a Hospital Negligence Lawyer in Albuquerque
Taking legal action as soon as possible can allow you to meet your deadline for a hospital negligence claim as well as preserve evidence before it is lost or destroyed. Consult with an attorney about a potential case against a hospital in Albuquerque as soon as possible. Involving an attorney early on can lead to a stronger claim.
Your attorney can thoroughly investigate for signs of hospital negligence, interviewing eyewitnesses, hiring experts and taking other steps to gather evidence on your behalf. Your lawyer will know how to negotiate with the hospital’s insurance company to achieve a fair settlement, and how to file a lawsuit with the courts, if necessary.
Schedule a Free Consultation With an Albuquerque Hospital Negligence Attorney Today
If you are a victim of any form of hospital negligence that left you with injuries, an illness or a serious infection, the Albuquerque medical malpractice lawyers at The Fine Law Firm are here to help you. We are prepared to go up against any health care provider in the area to fight for justice and maximum financial compensation for our clients. Discuss your case in detail at no cost or obligation during a free consultation. Contact us today.