Medical negligence is a serious mistake that can have devastating consequences for patients. When a health care provider fails to behave according to the required standards of care, patients can suffer a variety of medical complications. One possibility is a lifelong disability such as paralysis. The right medical malpractice attorney in Albuquerque can make a major difference to the outcome of a claim related to quadriplegia or paraplegia.
Why Choose Our Lawyers for This Case?
- The Fine Law Firm brings together more than 100 years of experience in personal injury law. We have a 99 percent case success rate.
- We’ve collected millions of dollars in case results for our clients, including many medical negligence settlements and verdicts.
- Our medical malpractice lawyers are known for putting the best interests of their clients first. We have a statewide reputation as leaders in personal injury law.
- You won’t owe us anything during your medical negligence case unless we secure compensation for your paralysis injury and losses.
How Hiring a Lawyer Can Help
The right medical malpractice lawyer can evaluate your claim to determine if it has merit and help you understand your rights. Your lawyer can explain your options for seeking a financial recovery from the hospital or health care center responsible for causing the paraplegia or quadriplegia.
Then, the attorney can take the steps necessary to collect evidence, negotiate a fair settlement or bring your case to court. Your lawyer can hire qualified medical experts to testify during your claim and beforehand, during the required case review by the New Mexico Medical Review Commission. In the meantime, you can focus on your recovery.
What Is Medical Negligence?
The definition of medical negligence or malpractice is a health care provider failing to meet the correct standard of care when treating a patient, resulting in harm to the patient. It can refer to any error or misjudgment that a reasonably competent physician would not have made in similar circumstances.
Common Types of Medical Negligence
Medical malpractice is more commonplace than most New Mexico patients think. This type of professional negligence can occur in any medical setting, including a hospital, emergency room, surgical center, birth center or private practice. If a physician, nurse, surgeon or other health care provider falls short of the correct standard of care, patients can suffer the consequences.
Examples of medical negligence that could cause catastrophic injuries like paralysis include:
- Surgical errors, especially around the spine
- Failure to perform surgery
- Unnecessary surgery
- Anesthesia mistakes
- Epidural errors
- Birth injuries
- Delayed diagnosis
- Misdiagnosis
- Medication mistakes
- Lack of informed consent
- Inadequate patient aftercare
A serious medical error could cause a catastrophic or life-changing patient injury, such as paraplegia or quadriplegia. This could give rise to a medical malpractice claim in New Mexico for the doctor’s failure to use the proper care or technique.
About Paraplegia and Quadriplegia
Paraplegia and quadriplegia are two forms of paralysis, or the loss of function and feeling in the body. When the spinal cord suffers an injury, it can result in paralysis that affects the body from the point of injury down. In general, the higher up on the spinal cord the injury is, the higher the level of paralysis. Brain damage from a traumatic or acquired brain injury could also lead to paralysis due to neurological damage.
Paraplegia refers to paralysis in the lower half of the body, typically due to injury lower on the back. The patient retains the use of his or her arms and hands. Quadriplegia (also known as tetraplegia) is paralysis of all four limbs and the trunk of the body. It may or may not affect the patient’s neck.
How to Prove Your Medical Negligence Claim
Medical negligence may result in paraplegia, quadriplegia or another form of paralysis if the health care provider makes an error at a critical time, such as when diagnosing a serious medical condition or performing spinal surgery. The medical malpractice cases arising from these errors must be handled carefully, as they can be difficult to prove.
Four Elements of Medical Malpractice
A patient may be eligible for financial compensation for paralysis arising from a medical mistake if the four elements of negligence can be shown using evidence:
- Standard of care
- Breach of standard
- Causation
- Damages
There must be evidence that the physician acted in a way that a reasonably competent health care provider would not have in similar circumstances, and that this caused the victim’s paraplegia or quadriplegia.
Proving Damages
Cases involving paralysis often come with high-value losses suffered by the victim. It is important for the plaintiff to present the damages accurately and completely through a detailed life-care plan.
A life-care plan is an advance-planning document that outlines the long-term effects of a catastrophic injury for the individual, including future therapies, surgeries, rehabilitation, medications, medical devices, non-medical needs and all projected costs.
Life Care Planners are experts who can be hired to testify during catastrophic injury claims. They can share a comprehensive overview of the plaintiff’s future care requirements and detailed financial projections to help prove economic damages.
Evidence to Collect
If you or someone you love is diagnosed with paraplegia or quadriplegia after an operation or another type of medical treatment and you suspect malpractice, it’s important to start collecting key types of evidence right away. Here’s what to do:
- Seek a second opinion from a different health care provider. Document all of your medical records from both physicians.
- Write down a detailed timeline of events, including treatment dates and times and the names of all providers involved in your care.
- Document your paralysis and related losses, including bills, lost wage statements, and your personal pain and suffering.
When you’re ready to seek help from an experienced medical malpractice lawyer about a potential claim in New Mexico, contact The Fine Law Firm. We can immediately step in to preserve and collect key evidence, including hiring the right experts to testify.
Contact Our Lawyers for a Free Consultation About Your Case
If a case of medical negligence resulted in quadriplegia or paraplegia to you or a loved one, the attorneys at The Fine Law Firm are here to help. We support clients through complex medical malpractice cases with a highly experienced and qualified team of attorneys. As our client, we will fight for you, with no fees charged until we win your case.
Learn more about a potential malpractice claim during a free initial consultation. Call our local lawyers in New Mexico today at (505) 889-3463.