Yes. In New Mexico, you can sue a hospital for wrongful death if you can prove that its negligence – or the failure to adhere to the correct standards of medical care – caused the death of your loved one. You must take legal action within three years of the death and file via the estate’s personal representative.
What Elements of Proof Are Needed to File?
In New Mexico, a wrongful death claim is a type of lawsuit that can be brought if someone’s death is caused by another party’s wrongful act, neglect or default (omission). Neglect refers to negligence, or the failure to exercise proper care.
This includes medical negligence, otherwise known as medical malpractice. To prove a medical malpractice claim in New Mexico involving the death of a patient, there must be evidence of four main elements.
Duty of Care
A doctor-patient relationship existed between the decedent (deceased person) and the defendant (accused party). Every hospital and health care center in New Mexico has a legal duty of care to provide competent medical care to its patients.
Breach of Duty
The hospital must have done something or failed to do something that represented a violation of the accepted standards of medical care. Common examples include medication mistakes, patient mix-ups, surgical and anesthesia errors, misdiagnosis, and birth injuries.
Causation
There must be evidence of a direct and causal connection between the act of medical malpractice and the patient’s death. There does not need to be proof that the hospital intended to harm the patient. It is enough to show that the defendant failed to act properly and that this ultimately led to the patient’s mortality.
Damages
Finally, there must be evidence of damages or compensable losses suffered. The family must have suffered quantifiable losses because of the patient’s death, such as loss of consortium or companionship, funeral and burial costs, lost income and inheritance, and pain and suffering.
Who Can File a Wrongful Death Claim in New Mexico?
In New Mexico, the law requires the personal representative of the decedent’s estate to file a wrongful death claim. This individual may be named in the patient’s will. If not, the courts can appoint one. The representative or administrator of the estate files on behalf of all eligible beneficiaries, such as a surviving spouse, children or parents.
What Is the Filing Deadline?
The deadline or statute of limitations on the right to file a medical malpractice claim against a hospital in New Mexico is generally three years. However, an exception known as the “discovery rule” could give your family more time to file if the cause of your loved one’s death is not determined right away.
How to Initiate Your Wrongful Death Claim in New Mexico
If you recently suffered the devastating loss of a loved one and believe medical malpractice or hospital negligence played a role, contact us today for a free case evaluation.
At the Fine Law Firm, we will listen to your family’s story and give you advice about your rights and legal options moving forward. If we believe your case has merit, we may offer to represent your family to make this emotional type of case as simple and stress-free as possible. Our law firm has been representing clients in New Mexico since 1975.