Patients are entitled to compensation for medical malpractice in any situation where a healthcare provider deviated from the standard of care and, in so doing, harmed the patient’s health and caused him or her to incur additional medical expenses. Not everyone who seeks medical treatment comes away from the experience feeling better, and adverse outcomes are usually not the doctor’s fault; doctors cannot perform miracles, and all medical procedures involve risks.
When a patient files a medical malpractice claim, the court will not even consider the lawsuit until a panel of physicians who have never met the plaintiff or defendant but who practice the same subfield of medicine as the defendant certify that the defendant physician failed to abide by the standard of care in his or her treatment of the patient. Malpractice can happen in any type of medical treatment, but malpractice claims against surgeons are especially common because when a surgeon makes even a minor error, the results can be disastrous. If you are suffering physically and financially because of an error by a surgeon, contact a Santa Fe medical malpractice lawyer.
New Mexico Neurosurgeon Loses Medical License After 26 Malpractice Claims
When Diane Gutierrez was 50 years old, she was suffering from persistent numbness in her left arm. Eventually, her doctors referred her for surgery, and the surgeon who performed the operation was Mark Erasmus. The operation left Gutierrez partially paralyzed. She later found out that she was not the first patient of Dr. Erasmus to suffer an adverse outcome from surgery.
In his four-decade career as a neurosurgeon, Mark Erasmus was the subject of 26 medical malpractice claims, nine of them filed between 2021 and 2024. Through his risk management insurance, he paid a total of $19 million to the 26 patients who filed claims against him, one of whom is Gutierrez. In January 2025, the New Mexico Medical Board revoked his license.
What Happens if You File a Surgical Malpractice Claim?
If you file a medical malpractice claim against a surgeon or the hospital that employs him or her, the chances that the case will settle are greater than the chances of the case going to trial. During the pretrial discovery phase, your lawyer will show the defendant all the evidence, including but not limited to medical records and depositions of witnesses, that you plan to show at trial, and the defendant will show you their evidence. During the process, it usually becomes clear that your injuries are the result of medical negligence, and the defendants will offer to settle, at which point your lawyer will negotiate for enough settlement money to cover your past and future medical expenses and lost income. If the case goes to trial, the risk is greater that the court will not award you any compensation, but if the court rules in your favor, you will get all the money you requested.
Contact Slate Stern About Medical Malpractice Lawsuits
Slate Stern is a personal injury lawyer who represents plaintiffs injured as a result of medical errors. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
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