Nobody sees a healthcare provider with the assumption that a medical mistake will result in a serious injury. As such, when some patients do suffer harm because of a medical error, it can be difficult to know precisely what steps need to be taken in order to file a medical malpractice lawsuit. Although “transparency and accountability” have become “key tenets” in the healthcare organizations’ processes for responding to medical mistakes, according to a recent report in Becker’s Hospital Review, it can still be quite difficult for patients to obtain the information they need to file a claim. The central thing to remember is that it is critical to have an experienced Santa Fe medical malpractice lawyer on your side. As you prepare to seek advice from an attorney about your case, we want to provide you with more information about what you should do after a medical error.
Determine if You Have Suffered an Injury as a Result of a Medical Error
Before you begin any kind of process of filing a claim or taking steps toward a medical malpractice case, you need to determine if you have actually suffered an injury as a result of the medical mistake. While many medical errors do result in patient harm, some do not. If you have not suffered an injury and damages, you will not be eligible for compensation in a medical malpractice case.
Get the Medical Care You Need after Medical Error
If you did suffer harm as a result of the medical mistake, the next thing you should do is seek treatment or care for that harm. You need to get proper care for the sake of your own health and physical well-being, but you also need to seek treatment quickly after you learn about the harm caused by the medical error to avoid the issue of comparative fault. While New Mexico follows a “pure comparative fault” model that allows plaintiffs to recover even if they are partially at fault, your total damages award can be reduced if the defendant argues that you are partially at fault for the severity of your injuries because you waited too long to get medical care.
Work With a Medical Negligence Lawyer to Gather Evidence for Your Case
Once you have determined that a medical mistake resulted in an injury and you have sought the medical care you need, it is time to begin working with an experienced New Mexico medical negligence attorney to gather evidence and file a lawsuit against the liable healthcare provider or providers. In some cases, depending upon the details of your case, more than one party may be at fault for your injuries. Your lawyer can help you to determine liability and to file a claim to seek compensation for your losses.
Contact Our New Mexico Medical Malpractice Attorneys Today
Even though many hospitals and outpatient facilities have begun taking steps to identify and address medical mistakes in a meaningful way, medical errors continue to occur and to cause serious and fatal patient injuries. If you or someone you love suffered harm because of a healthcare provider’s negligence, it is essential to seek advice from a medical malpractice attorney in Santa Fe as soon as you can. Contact Slate Stern Law to learn more about how our firm can assist you with your medical malpractice lawsuit.