If you recently suffered an injury after seeking treatment from a healthcare provider or after receiving treatment from a physician, you may be eligible to file a medical malpractice claim in Santa Fe. However, understanding whether you have a valid claim can be extremely complicated without help from a lawyer. At the same time, you may be unsure about how quickly you must act on your claim, or what type of damages you may be eligible to recover. The following are some frequently asked questions about medical malpractice in Santa Fe, along with our answers to get you started. Once you have decided to file a lawsuit, a New Mexico medical malpractice lawyer at our firm can help.
Do I Have a Case?
Many injured patients want to know if they have a valid case and whether their injury resulted from medical malpractice. This is a difficult question to answer without having an experienced medical malpractice lawyer assess the particular facts of your case. Generally speaking, however, to have a valid malpractice claim, New Mexico law requires an injured patient to be able to prove that a healthcare provider was negligent. To show that a healthcare provider was negligent, a patient usually needs to prove that another doctor in the same medical field and geographic area would have considered the healthcare provider’s behavior to be unreasonable or negligent. However, you should discuss the specifics of your case with a lawyer.
Is there a Difference Between Medical Malpractice and Medical Negligence?
Medical negligence is another term for medical malpractice. There is not a difference between the two types of claims.
How Much is My Claim Worth?
The value of a medical malpractice claim can vary widely and can depend on a number of factors. The amount of your claim will depend first on your economic losses, which include your hospital bills, lost wages, and any other direct, financial losses that you have incurred or will incur because of the malpractice. Yet your claim’s value will also depend on non-economic losses, which are more difficult to quantify, such as your pain and suffering.
How Much Time do I Have to File a Lawsuit?
Under New Mexico medical malpractice law, you must file a lawsuit against the negligent healthcare provider within three years from the date that the act of malpractice occurred. If you do not get your claim filed within this three-year window, you will likely be barred from obtaining financial compensation for your losses through a civil lawsuit.
What is the Medical Review Commission?
In New Mexico, in order to file a medical malpractice lawsuit, you must first submit information and evidence to the Medical Review Commission, which will decide whether your claim is sufficiently valid for purposes of filing a lawsuit. To be sure, your claim must be reviewed by a panel before you can file a lawsuit. This is a common practice in many, but not all, states in the country.
Seek Advice from a Medical Malpractice Attorney in Santa Fe
Were you injured because of a healthcare provider’s negligence? You could be eligible to file a claim. One of our aggressive Santa Fe medical malpractice attorneys can speak with you today about your options. Contact Slate Stern Law for more information.