Albuquerque Medical Malpractice Lawyer

Medical Malpractice Attorney in Albuquerque, NM

Thousands of people living in Albuquerque and surrounding communities trust all types of medical professionals to provide safe and effective treatment for their injuries and illnesses each year. While most receive the care they need without issue, others, unfortunately, suffer harm due to the negligence of the medical providers treating them. If you’ve experienced this, consult with an Albuquerque medical malpractice lawyer to understand your legal rights.

The term “medical malpractice” applies to any incident in which a doctor, nurse, or other medical professional inflicts harm on a patient because of their failure to meet the patient’s standard of care. “Standard of care” refers to the baseline level of treatment a patient requires for their diagnosis.

Compassionate Legal Counsel for Medical Malpractice Cases in Albuquerque, NM

It is important to understand the distinction between medical malpractice and medical negligence. Medical negligence would entail a lack of reasonable care and caution while administering medical treatment. Medical negligence becomes medical malpractice if the action causes harm to the patient. If you are unsure whether a recent injury qualifies as medical malpractice, it is vital to consult legal counsel as quickly as possible.

An Albuquerque medical malpractice lawyer is the ideal asset to have on your side after you have suffered any type of injury from medical negligence. You may have grounds to file a specific type of personal injury claim against the medical provider who injured you, but this type of case is very different from a standard personal injury claim.

Berenson & Associates, PC, can provide the legal representation you need for a medical malpractice case and help you obtain full recovery.

Common Examples of Medical Malpractice in Albuquerque, NM

Medicine is uncertain in various ways, and there is some degree of risk involved in almost every medical treatment. However, there is a major difference between an honest mistake made due to complex circumstances or a patient’s unique medical condition and an injury resulting from professional negligence. A few of the most commonly reported forms of medical malpractice in the Albuquerque, NM area include:

• Diagnostic errors. Many medical malpractice cases arise from negligent errors in the diagnostic process. If a doctor must diagnose a patient’s condition, they must follow a strict differential diagnosis procedure to do this correctly.Providing an incorrect diagnosis or failure to provide a diagnosis could cause a patient’s condition to worsen, prevent them from getting the timely care they need, or even subject them to treatments that harm them rather than address their actual issue.
• Surgical errors. Surgeons must carefully explain the potential risks and benefits of any surgical procedure and carry out the procedure competently. While there is some level of risk with any type of surgery, if a surgeon harms a patient from negligence of any kind during surgery, they become liable for malpractice and responsible for the resulting damages.
• Medication errors. Any doctor prescribing medications must ensure the correct medication and the correct dosage while accounting for the patient’s medical history, known allergies, and potential interactions with medications they are already taking. Pharmacists must fill prescriptions accurately and ensure patients have instructions for the proper use of their medications.
• Birth injuries. Any injury during a childbirth procedure can potentially leave an infant permanently disabled and may harm the child’s mother. These are particularly challenging medical malpractice claims that usually involve catastrophic injuries that create substantial long-term economic damages for the affected family.

These are only a few examples. Ultimately, if you or a loved one suffered harm due to a medical professional’s actions in Albuquerque, you must hire a medical malpractice lawyer who can determine whether the situation constitutes malpractice.

Damages Recoverable in a Medical Malpractice Case

When filing your legal claim, you can request damages to help you recover compensation for your emotional and financial losses, also called economic damages and non-economic damages.

The amount you can request varies, depending on the severity of your injuries, the liability of the medical professional, who you’re filing against, and the extent of your losses. You can request compensation for:

• Your medical bills, including doctor and hospital visits, surgeries, physical therapy, medications, medical devices and supplies, mental health counseling, and in-home care
• Lost income due to missing work from your injuries
• Damage to your personal belongings, such as your clothing
• Pain and suffering
• Loss of enjoyment of life
• Disfigurement
• Disability

New Mexico’s Medical Malpractice Laws

The state enforces a total cap on damages in medical malpractice cases of $750,000. This cap pertains to economic and non-economic damages, with the exclusion of past and future medical care and related benefits.

This means that aside from the cost of corrective medical treatment you may need for your injury, the most you can currently claim for medical malpractice is $750,000 if the defendant is an independent medical provider.

If you are opening a case against a hospital or an outpatient healthcare facility majority owned and controlled by a hospital, the damage cap is $6,000,000, increasing each year for inflation.

These caps apply to the economic damages you sustained aside from medical expenses, such as your lost income and lost earning capacity. The cap also applies to non-economic damages such as pain and suffering.

Another issue to remember pertaining to compensation is the fact that the state limits any individual healthcare provider’s liability to $250,000. This means that if you are awarded more than this amount in your successful case, the remainder is paid from a state compensation fund specifically set up for patients injured by medical malpractice.

What Must Be Proven in a New Mexico Medical Malpractice Claim

Unfortunately, medical malpractice is common. In the United States, one in three physicians has had a legal case opened against them for medical malpractice. Between 2020 and 2022, 7,000 United States medical professionals were surveyed by the American Medical Association. In 2022, 31.2% reported having a case opened against them at least once in their careers.

Between 2020 and 2022, the most legal claims were filed against primary care doctors, with 2,197 claims. In that time, 1,386 claims were filed against those working in surgery, and 1,026 claims were filed against medical professionals in internal medicine subspecialties, such as cardiology and gastroenterology.

Victims of medical malpractice need to prove to the court exactly what happened. To do this, they must provide evidence to show:

• That the medical professional had a legal duty to care for them
• That the medical professional failed to uphold that duty
• That the victim’s injuries were a direct result of that breach of care. This can be done by providing professional testimony about what they believe caused the injuries. Most medical malpractice cases in New Mexico require testimony from a professional to understand the full scope of the situation.
• That the victim’s injuries resulted in loss, either financial or emotional

What to Expect From Your Albuquerque Medical Malpractice Lawyer

A medical malpractice case is inherently more complex than a standard personal injury claim. While it is technically possible for an injured patient to pursue a medical malpractice claim on their own, they are unlikely to succeed without the help of a seasoned Albuquerque medical malpractice attorney. Success with their case requires meeting various strict procedural requirements, tight filing deadlines, and a keen awareness of the effects of medical malpractice.

If you have an experienced medical malpractice lawyer handling your case, you are more likely to succeed with your recovery efforts, and you are able to focus on your recovery and personal needs as your attorney manages your case.

Your attorney can help prepare for your panel review with the New Mexico Medical Review Commission, gather evidence and testimony to support your case, and help uncover all the various damages you have sustained due to the defendant’s actions.

FAQs About Medical Malpractice in Albuquerque, NM

What Is the Statue of Limitations for a Medical Malpractice Claim in New Mexico?

Under state law, the statute of limitations for most medical malpractice claims is three years, starting on the date an injury occurs. However, if a child under the age of 18 was harmed by medical malpractice, this statute extends to one year from their 18th birthday. Your lawyer can help file your claim at the Bernalillo County Courthouse, located at 400 Lomas Boulevard Northwest. Filing early increases your chance of success, allowing you to secure vital evidence in your case.

Is There a Cap on Punitive Damages in a New Mexico Medical Malpractice Case?

In New Mexico, the cap does not apply to punitive damages. While punitive damages are rarely awarded in medical malpractice claims, they could come into play if the defendant broke the law in causing the injury. For example, if they attempted surgery while under the influence of drugs or alcohol and harmed the patient, they are likely to face criminal charges and punitive damages along with their civil liability.

What Evidence Can Help Prove Negligence in a Medical Malpractice Case?

Along with testimony from a professional, evidence to help prove negligence in a medical malpractice case can include:

• eyewitness testimony from anyone who was there at the time of the incident
• relevant 911 phone call transcripts
• photos and videos of the victim’s injuries
• surveillance footage showing the incident on tape
• proof of lost income and copies of medical bills
• notes from a therapist about the mental state of the victim
• copies of medical records
• any other relevant evidence

Can I File My Medical Malpractice Claim Against Multiple Parties?

Yes, you may be able to file your medical malpractice claim against multiple parties. Often, patients are treated by an entire medical team, especially during complex procedures or surgery. This can mean that multiple medical professionals were at fault, including nurses, doctors, surgeons, radiologists, anesthesiologists, paramedics, hospital staff, and even the hospital itself. Your lawyer can help explain who you can file your claim against in your unique situation.

Hire a Medical Malpractice Lawyer Who Cares About Your Lived Experience

The team at Berenson & Associates, PC, has years of experience helping Albuquerque clients with all types of complex civil cases, including those filed under the state’s strict medical malpractice statutes. We can take time to carefully review the details of your situation and help formulate an effective legal strategy that aims for full recovery of your damages.

You have a limited time in which to file your case, and it is preferable to start the claim-filing process as quickly as possible after you have been injured by a medical professional. Contact Berenson & Associates, PC, today to schedule your consultation with an Albuquerque medical malpractice lawyer you can trust with your case.