To prove medical negligence in New Mexico, you must show a professional duty or standard of care, a breach of this standard by a health care provider, direct causation of injury, and measurable damages. These claims typically must be supported by medical expert testimony and pass a mandatory pre-litigation review.
What Is Medical Negligence?
In the context of personal injury law, negligence is the failure to act with a proper or appropriate amount of care, resulting in harm to others. When someone is negligent, they can be held liable (financially and legally responsible) for any injuries and damages caused.
Medical negligence or medical malpractice specifically refers to neglect by a health care professional or medical provider, such as a doctor, nurse, surgeon or hospital in New Mexico, that results in harm to a patient.
The Four Elements of Proof in a Medical Negligence Claim
The burden of proof in a medical negligence claim rests with the plaintiff. The injured patient is required to prove what he or she is claiming is “more likely than not” to be true. Four key elements must be established using evidence for a valid medical negligence case:
- Standard of care. A doctor-patient relationship must exist between the defendant (accused party) and the plaintiff. This establishes a professional standard of care.
- Breach of standard. The defendant deviated from the accepted standard of care by committing an act or omission that a reasonably competent provider would not have in the same or similar circumstances.
- Causation. The defendant’s substandard level of care or breach was the cause of the patient’s injury, illness or worsened condition (not the underlying injury or illness).
- Damages. The patient suffered actual harm as a result of the breach of duty, such as additional medical costs or pain and suffering.
There must be evidence of these four elements to prove the claim. While no doctor is expected to be perfect 100 percent of the time, they are expected to act and behave in a way that a reasonably prudent doctor in the same field would under the same circumstances.
New Mexico’s Medical Malpractice Review Requirement
Before a medical negligence lawsuit can be filed in New Mexico, it must be submitted to the New Mexico Medical Review Commission. This is a screening panel made up of three licensed health care providers and three members of the State Bar. The panel must review the application to confirm whether there are grounds for a medical negligence claim before the lawsuit can proceed.
Evidence for a Medical Negligence Claim
Proving a medical negligence claim requires evidence. Common types of evidence are the patient’s medical records, diagnostic test results, X-rays or MRIs, billing statements, photographs, videos and medical expert testimony.
One of the most important pieces of evidence is testimony from a relevant medical expert. A medical expert is someone with expertise on a subject relevant to the negligence claim, such as a fellow doctor or specialist.
Medical expert testimony may be used to establish the standard of care, prove a deviation or determine causation for the patient’s injuries. This is objective, reliable and accurate medical evidence that can make a major difference to the outcome of the case.