If you or your loved one suffered injuries due to a medical mistake or misdiagnosis, call the Las Cruces injury attorneys at The Fine Law Firm. We are a local law firm offering victims of medical malpractice the compassionate and quality representation they deserve. We will review your medical malpractice claim for free and let you know if you qualify to recover compensation for your injuries.
The Fine Law Firm has a proven record of success in winning compensation for our clients.
Why The Fine Law Firm is the Right Choice in Las Cruces
- We have decades of experience in medical malpractice law. Since 1972, The Fine Law Firm has represented clients in cases against negligent hospitals, physicians and major New Mexico medical providers.
- Our medical malpractice attorneys have a passion for justice. You will never be left in the dark about the status or progress of your case. As our client, your well-being will come first in every decision we make.
- We operate on a contingency fee basis for medical malpractice cases in Las Cruces. This payment arrangement means you won’t be charged a dime for our services unless your claim leads to a financial settlement or jury verdict.
Our Attorneys Will:
- Treat you with dignity and respect
- Put your goals and best interests first when working your claim
- Stand up to large insurance companies and corporations to ensure you receive the maximum compensation available for your injuries
The Fine Law Firm is locally respected and nationally recognized as a top law firm. We maintain a reasonable fee system and never charge upfront costs. Call us today to learn more.
Common Medical Malpractice Cases We Handle
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: errors made during a surgical operation or procedure, such as operating on the wrong patient, performing the wrong surgery, nicking a nerve or artery, or leaving foreign objects inside the body cavity.
- Improper care conditions: any type of inadequate, incorrect, unethical or poor medical treatment that results in harm to a patient.
- Medication errors: giving the wrong drug or dosage to a patient, overdoses, harmful drug interactions, allergic reactions, and defective drugs.
- Birth injuries: harm caused to infants due to malpractice that takes place before, during or shortly after the birth of a child. Examples include broken bones, brain injuries, cerebral palsy and spine injuries.
- Anesthesia errors: issues with how a patient is anesthetized, leading to injury. Examples include overdose and underdose, lack of oxygen, hypoxic brain injuries, and intubation errors.
- Medical misdiagnosis: failing to correctly diagnose a medical condition when a reasonably prudent doctor would have made the right diagnosis in similar circumstances. This often leads to a harmful failure to treat or unnecessary medical treatments.
- Failure to diagnose: a physician failing to come to any medical diagnosis due to carelessness, skipped steps, ignored symptoms or misread test results.
- Medical equipment failure: patient injuries or deaths due to a medical equipment breakdown, either caused by poor premises maintenance or defective medical devices.
- Lack of informed consent: operating on a patient without properly informing the patient of the potential risks, benefits and alternatives to the procedure.
- Hospital negligence: a hospital, emergency room or one of its staff members failing to provide proper patient care. Examples include poor sanitation, failure to treat, diagnosis errors and administrative errors.
What Can a Las Cruces Medical Malpractice Attorney Do for Me?
Medical malpractice claims are by far some of the most complex cases to settle or try before a court. It is crucial to speak with a Las Cruces medical malpractice attorney, like ours, at The Fine Law Firm, before deciding what legal route is best for your circumstances.
The New Mexico medical malpractice attorneys at The Fine Law Firm will do the following:
- Evaluate your claim and all possible complications
- Ascertain the approximate value of your claim for negotiations
- Identify all potentially liable parties before a settlement or trial
- Aggressively represent you in settlement talks
- Ensure any legal filings are on time
- Present your case before a judge and jury at trial if a settlement is unsuccessful
Medical malpractice attorneys help ensure you fully recover the damages owed to you by a negligent medical provider. If you already have a settlement offer, be sure an experienced medical malpractice attorney reviews your offer before you reach an agreement. You may sign away your right to recover additional compensation to which you are entitled.
Injuries Caused By Medical Malpractice
Medical malpractice can cause physical trauma and bodily harm to an unsuspecting patient. Malpractice can also lead to a worsened overall health outcome in a patient with an injury, medical condition, illness, infection or cancer that requires prompt and proper treatment.
Injuries and types of harm that can arise because of medical malpractice in Las Cruces include:
- Birth injuries
- Acquired or traumatic brain injuries
- Lack of oxygen injuries (anoxia or hypoxia)
- Broken bones
- Nerve and tissue damage
- Permanent paralysis
- Internal bleeding
- Organ damage or failure
- Serious allergic reactions
- Severe infections and sepsis
If you come away from medical treatment with a major injury, severe pain, symptoms that get worse instead of better, a bad infection or a health outcome that does not match your expected prognosis, it is in your best interest to consult with an attorney from The Fine Law Firm about a potential medical malpractice claim. Our qualified team of attorneys can investigate your situation for signs of medical negligence and inform you of the right next steps.
What if Medical Malpractice Was Fatal?
Sadly, many patients in New Mexico die each year because of fatal medical malpractice and mistreatment by doctors. If your case involves the loss of a loved one, our wrongful death attorneys in Las Cruces can help you understand your options.
A wrongful death medical malpractice claim in Las Cruces could end in financial compensation given to surviving beneficiaries for their related losses, including funeral and burial costs, final medical expenses, lost income and inheritance, lost household contributions, and emotional distress.
What Is the Statute of Limitations on a New Mexico Medical Malpractice Case?
New Mexico State law does not give patients an unlimited amount of time to file a medical malpractice lawsuit. A law known as the statute of limitations is in place to encourage timely claims filing. Under Section 41-5-13 of the New Mexico Statutes Annotated, you have a maximum of three years from the date that an act of malpractice occurs to file a lawsuit.
However, there are some notable exceptions to the rule:
- If the medical malpractice victim was a child under the age of six, the family has until the child’s ninth birthday to file a claim. This is typically the statute of limitations on birth injury cases in Las Cruces.
- If the cause of the victim’s harm was not discovered right away (e.g., a case involving a retained foreign object after surgery), the clock on the statute of limitations will not start counting down until the date of reasonable discovery.
- If the negligent medical provider is a government agency, such as a public hospital or state-run medical center, New Mexico law requires a written notice to be filed within just 90 days. Then, the deadline to file a lawsuit is two years.
- If you need to file a wrongful death medical malpractice claim, you will have three years from the date of the deceased person’s death to bring your lawsuit rather than the date of the act of malpractice.
You should not wait to find out if you have grounds for a medical malpractice claim in Las Cruces. Waiting too long puts you at risk of missing your statute of limitations and losing critical evidence.
As soon as you receive treatment for your medical condition (from a different health care provider), bring your medical records and any other available evidence to a meeting with one of our qualified medical malpractice attorneys. Early legal representation can allow you to build a stronger case.
What is Medical Malpractice?
The majority of medical professionals have only the best intentions for their patients. However, their mistakes harm patients every day.
To consider a medical mistake as medical malpractice, a victim must prove the medical professional was negligent. In other words, the medical professional made a preventable mistake, and that mistake caused the victim’s injury.
There are numerous medical malpractice claims. Some of the more common claims include:
- Medication errors, such as under or over-prescribing medication
- Misdiagnoses or delayed diagnoses
- Birth injuries
- Surgical errors
- Anesthesia errors
- Gestational diabetes
- Radiation injuries
- Emergency room errors
- Cosmetic surgery errors
- Infections acquired in hospitals
- Wrongful death
Who is Liable for Medical Malpractice?
A single medical treatment may involve many medical professionals or facilities, any of which may fail to perform up to the proper standards of treatment or neglect to perform their duties at all. Malpractice claims may include, but are not limited to, the following:
- Doctors, such as primary care physicians, surgeons, psychiatrists, dentists
- Anesthesiologists, paramedics, nurses, nurse practitioners, physician assistants, physical therapists
- Treatment facilities like hospitals, surgery centers, clinics, labs, nursing homes, assisted living centers, hospices, and urgent care centers
- Health maintenance organizations and insurance companies
- Pharmaceutical companies and device manufacturers
When liability in a medical malpractice claim is proven, compensation typically contains the following damages:
- Medical expenses
- Lost wages
- Loss of income
- Medical equipment
- Physical therapy
- Mental and emotional trauma
- Loss of enjoyment of life
- Pain and suffering
Medical Malpractice FAQs
How Long Do I Have to File a Medical Malpractice Claim in New Mexico?
You have three years from the date the malpractice occurrd to file a claim in New Mexico, not from when you discovered the injury. New Mexico doesn’t apply a “discovery” rule for adults, so the clock starts running on the date of the negligent act itself, even if the harm isn’t obvious right away.
There’s an exception for minors and incapacitated patients, who generally have until one year after turning 18 or after their incpaacity ends. It’s important to speak with an attorney as soon as you suspect malpractice, as the deadline is strictly enforced and the case-review process can take time to complete.
How Do I get Copies of my Medical Records for a Malpractice Case?
You can request them directly from the provider to facility using a signed HIPAA authorization form. In New Mexico, providers generally have 30 days to comply. An attorney can also request records on your behalf as part of building your case.
What Should I Do First if I Suspect Medical Malpractice?
You should start by requesting a complete copy of your medical records from every provider involved, you’re entitled to them, and they’re the foundation of any malpractice claim. Write down what happened while it’s fresh, including dates, names, and how your symptoms or condition changed after treatment.
Continue with any care your current doctor recommends, and keep all bills and receipts tied to that treatment. Then talk to a medical malpractice attorney promptly; New Mexico’s claims process includes a mandatory expert review step before a lawsuit can be filed, so getting started early protects your ability to meet the filing deadline.
Get In Touch With Our Skilled Legal Team Today
If you suffered injuries at the hands of a medical provider and want to learn more about your available legal options, call The Fine Law Firm. We have a 99% case success rate and are available to our clients twenty-four hours a day. Schedule your consultation today, and have your legal questions answered. We also serve clients based in Santa Fe, Roswell, Hobbs, Clovis, and Farmington.