Las Cruces Medical Malpractice Lawyer

Medical Malpractice Attorney in Las Cruces, NM

As a patient, you put your trust in your healthcare provider. When negligent actions or reckless errors happen, it breaks this trust and leaves you with devastating physical injuries, high medical bills, emotional trauma, and an extended recovery period. A Las Cruces medical malpractice lawyer can help you file a claim that pursues a fair recovery for these damages.

Why Choose Berenson & Associates, PC?

With over 25 years of experience, Berenson & Associates, PC, has helped countless injured patients seek compensation after their healthcare providers failed to act with the care and accuracy needed. Our attorneys take the time to understand your individual case, so we can provide the support you need while building a claim tailored to the circumstances of your injury.

Understanding Medical Malpractice Laws in New Mexico

Whether you are at the Memorial Medical Center or the MountainView Regional Medical Center, you deserve treatment that meets the accepted standard of care and actually supports your recovery. Unfortunately, it is estimated that over 200,000 patient deaths a year are due to preventable medical errors.

New Mexico’s medical malpractice laws allow victims of medical negligence to file a claim against their healthcare provider, including the hospital, medical center, physician, nurse, or other involved party.

Not all negative health outcomes qualify as medical malpractice, however. To succeed in a claim, you must be able to prove that the healthcare provider’s specific action violated the accepted standard of medical care and that this violation directly resulted in the injury or illness you are experiencing.

Types of Medical Malpractice

Medical malpractice claims arise due to a number of injuries and preventable errors. If your injury or illness was caused by your healthcare provider’s negligence, it is worth speaking with a lawyer about your legal options in Las Cruces, NM. Some of the most common reasons for a medical malpractice claim include:

• Diagnostic Errors: Errors diagnosing a patient accurately or in a reasonable timeframe can lead to a patient receiving the incorrect treatment or failing to receive the treatment they actually need. For example, if a patient presents with heart attack symptoms, such as chest pain and shortness of breath, but a healthcare provider fails to recognize and address them, they may suffer worse consequences than if they were quickly diagnosed.
• Medication Errors: Negligent medication errors often occur when a medication is delivered using the incorrect route, given to the wrong patient, or given at the incorrect dosage. These errors often lead to allergic reactions or overdose injuries. Unfortunately, they are one of the most common errors, with a rate of 6.5 per 100 hospital admissions.
• Surgical Errors: Examples of surgical errors include performing the wrong surgery, performing the surgery on the wrong body part, leaving a surgical instrument inside a patient, or causing excess damage to internal organs. Often, surgical mistakes lead to additional health complications such as severe infections.
• Hospital-Acquired Infections: Hospital-acquired infections can happen when there is insufficient sanitation and hygiene practices. On average, one in 31 hospital patients has at least one infection due to their healthcare. This includes infections such as pneumonia, urinary tract infections, and surgical site infections.
• Birth Injuries: Birth injuries can happen when healthcare providers do not properly monitor or deliver a baby. This often includes ignoring fetal distress syndrome, delaying a C-section, or misusing tools such as forceps.

Why You Should Hire a Medical Malpractice Lawyer?

Recovering from medical malpractice is not easy, likely involving ongoing medical care, physical pain, emotional distress, and physical limitations or disabilities. A Las Cruces medical malpractice lawyer can make this process easier by guiding you through New Mexico’s claim system. They can stay on top of filing requirements and deadlines and can gather evidence that can support your story.

FAQs

Is It Worth Filing a Claim Against a Doctor for Malpractice?

Yes, it is often worth it to file a medical malpractice claim against your doctor if you are suffering from a worsened injury or illness. Filing a claim can help you recover damages such as medical bills, lost wages, or pain and suffering. Speaking with a Las Cruces medical malpractice attorney can help you understand what benefits filing a claim can offer in your case, and whether it may be worth it.

What Are the Four Things That Must Be Proven to Succeed in a Medical Malpractice Claim?

The four things that must be proven to succeed in a medical malpractice claim are duty of care, breach of duty, causation, and damages. Duty of care involves the legal obligation your healthcare provider has to provide acceptable healthcare. Breach of duty is the negligent action that violates the duty of care. Causation involves proving that your injury or illness is a direct result of this negligent action. Finally, damages are the specific losses you have suffered.

What Are the Odds of Succeeding in a Medical Malpractice Claim?

In general, medical malpractice claims are difficult to succeed in. However, the specific odds depend on the circumstances of your case and what evidence is available. If you hire a medical malpractice lawyer, they can improve your chances of success by building an evidence-based claim, addressing common defenses or counterarguments the other party may raise, and verifying that your claim meets all procedural requirements.

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

New Mexico’s statute of limitations for medical malpractice is three years from when the malpractice occurred. While this may seem like a lot of time, it is a good idea to work with a Las Cruces medical malpractice lawyer as soon as possible after suffering an injury or illness. Getting started on your case early allows more time to negotiate with the other party before the deadline, and can make it easier to obtain key evidence.

Reach Out to a Las Cruces Medical Malpractice Attorney

Medical malpractice can turn an already painful and inconvenient medical issue into a situation that leaves you with even worse physical injuries and long-lasting harm. During this time, it is important to work with a lawyer you can trust, who can help you stand up for your rights and pursue the compensation you deserve. Contact Berenson & Associates, PC, to request a case consultation.