Slate's Law Blog Six Things to Know About Your Medical Malpractice Claim

Medical malpractice cases can be complicated and each one is completely unique. If you suffered an injury after seeking treatment or care from a healthcare provider, you may have been a victim of medical malpractice. One of the Santa Fe medical malpractice attorneys at our firm can discuss your case with you. In the meantime, the following are six things to know about your medical malpractice claim.

Multiple Parties May be Liable for Injuries

Many different types of healthcare providers and facilities may be liable in a medical malpractice claim, depending upon the particular facts of the case. The following are all examples of potentially liable parties:

  • Surgeon
  • Physician
  • Nurse
  • Nurse practitioner
  • Physician’s assistant
  • Hospital or other facility
  • Laboratory
  • Laboratory technician
  • Anesthesiologist
  • Pharmacist
  • Dentist

You Have Three Years to File a Claim

Under New Mexico law, a plaintiff must file a medical malpractice claim within three years from the date that the act of malpractice happened.

Claims Must First Go to the Medical Review Commission as a Prerequisite for Filing a Lawsuit

The New Mexico Medical Malpractice Act governs most issues pertaining to medical malpractice claims in the state. An important thing to know is that medical malpractice claims must first go to a Medical Review Commission before an injured patient can file a lawsuit. This step ensures that the case has merit.

There is a Damages Cap on Non-Economic Damages

There is no cap on economic damages (such as hospital bills and lost wages), but like many other states, New Mexico does place a cap on non-economic damages in medical malpractice lawsuits. The cap is set at $600,000. Accordingly, for losses like pain and suffering or the loss of enjoyment of life, a plaintiff cannot recover more than $600,000.

Medical Malpractice can Take Many Different Forms

Just as we noted that multiple parties may be liable in a medical malpractice claim depending upon the specific facts of your case, medical malpractice can also take many different forms. Some common forms of medical malpractice include surgical errors, diagnostic errors, medication errors, laboratory errors, anesthesia errors, and labor and delivery mistakes.

Not All Injuries Result From Medical Malpractice

Sometimes medical procedures come with risks. Accordingly, just because a medical procedure did not go as you expected or you suffered an injury, this does not necessarily mean that your healthcare provider was negligent. To be clear, some poor outcomes do not result from medical malpractice, although many do. An experienced New Mexico medical negligence lawyer can assess the facts of your case and can help you to determine whether you have a claim.

Contact a Medical Malpractice Attorney in Santa Fe, New Mexico

If you were injured by a healthcare provider’s negligence, it is extremely important to learn more about your options for filing a claim. Healthcare providers owe a duty of care to patients, and when a doctor is negligent, she or he should be held responsible for your losses. An experienced Santa Fe medical malpractice attorney at our firm can speak with you today about filing a medical malpractice lawsuit. Contact Slate Stern Law to learn more about the personal injury services we provide to plaintiffs in New Mexico.


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