NEW MEXICO MEDICAL MALPRACTICE
Medical Malpractice in New Mexico, also referred to as medical negligence or med mal, occurs when a health care provider acts negligently in treating a patient and in so doing, causes an injury. Negligence in a medical malpractice case is when the standard of care followed by the medical provider falls below the adequate medical standard of care of other health care professionals of comparable education and qualification. The following acts or omissions may lead to a medical negligence case in New Mexico:
Promptly seek counsel from a New Mexico medical malpractice lawyer if you have been injured in the course of a medical provider's treatment.
Who Can Commit Malpractice In New Mexico?
"Health care providers" in New Mexico are capable of committing medical malpractice. In New Mexico, a health care provider is an organization or individual that is authorized, licensed, or certified to provide medical services. Examples of health care providers include (not exhaustively) doctors, nurses, physical therapists, dentists, psychologists, chiropractors, hospitals, and assisted living programs. If you are unsure about who or what qualifies as a health care provider, it is bly recommended that you consult a New Mexico med mal lawyer to get your questions answered.
New Mexico Medical Malpractice Statutes of Limitation
The State of New Mexico has a statute of limitations for filing a claim for medical malpractice. The statute of limitations is the time within which someone injured by a medical provider's negligence can file his claim for medical malpractice and still recover damages for his injury. The statute of limitations in New Mexico is three years from the date when the omission or act constituting malpractice occurred. If the claimant is a minor under age six, he has until age nine to file a medical malpractice lawsuit.
It is in your best interest to contact a New Mexico med mal attorney prior to filing suit, as failure to file within the requisite time period could result in you not recovering damages for your injury.
Damages Limitations On New Mexico Medical Malpractice Claims
New Mexico limits total damages to $600,000, excluding punitive damages and damages for medical care. A single health care provider only has responsibility for damages up to $200,000. Any damages in excess of $200,000 are payable from the New Mexico Patient's Compensation Fund.
There are two kinds of damages in New Mexico: punitive and compensatory. Punitive damages are rarely awarded, and only when a health care provider was wanton, malicious, fraudulent or willful in its conduct. In contrast, compensatory damages are split into non-economic damages (for pain and suffering, loss of consortium, loss of companionship) and economic damages (lost wages, medical bills).
Make sure to speak to a New Mexico med mal lawyer about the potential monetary recovery in your New Mexico medical malpractice lawsuit since damages vary.
How To File A New Mexico Medical Malpractice Claim
When you have been injured because of a health care provider's negligent treatment, you should bly consider consulting a New Mexico medical malpractice attorney. An attorney who specializes in medical negligence will have the experience required to handle the intricate steps that it may be necessary to take in your case. Some med mal cases necessitate filing suit against several defendants that may be responsible for your injury (including nurses, physicians, or the manufacturer of a piece of medical equipment that may have injured you). In addition, your med mal case may require that depositions be taken, insurance companies be dealt with, expert witnesses be found, and communication with attorneys defending the medical provider. In short, it is in your best interest to hire a New Mexico med mal lawyer to help you with what can often be an expensive, drawn out and complex process.
New Mexico Statutes Annotated
New Mexico Medical Malpractice
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