Medical Malpractice

Despite the suggestions of many politicians and the media that medical malpractice claims are the creation of greedy and unethical trial attorneys, medical malpractice is an enormous problem in the United States. The results of medical malpractice range from chronic pain and disability to death. The Journal of the American Medical Association suggests that medical malpractice is currently the third leading cause of death in the United States. Approximately 200,000 people in the United States die each year as a result of negligent medical practices and prescriptions. Countless more suffer less severe injuries.

Bad medical outcomes do not necessarily suggest malpractice. Most doctors exercise the utmost care and professionalism. The majority of doctors rarely make mistakes. Unfortunately, when those rare mistakes do occur, the consequences can be devastating. And if malpractice has occurred, then the injured patient should be forced to bear the burden of that mistake.

Medical malpractice claims are extremely complex. The burden is on the injured party to show that the doctor’s behavior was negligent and fell below the standard level of care under the circumstances. Because doctors are not prone to admit malpractice, proof of malpractice generally requires extensive attorney resources and expert witness assistance. The claims can take years to resolve. As such, the injured person or surviving loved ones must be patient.

There are numerous laws, regulations and time limits that apply specifically to medical malpractice claims. It is important that you contact an attorney immediately upon suspicion of malpractice to insure the protection of your rights to recovery.

What to Do in Case of Suspected Medical Malpractice:

• Obtain A Full And Complete Copy Of Your Medical File
• Put The Medical Professional On Notice Of Your Potential Claim
• Obtain The Names And Contact Information For Any Potential Witnesses
• Contact The Medical Review Board
• Seek Alternative Medical Care To Insure Your Health And Safety
• Contact An Attorney To Understand Your Rights And Any Applicable Time Limits

Please remember that there are strict time limits on personal injury claims. If you miss these time limits, your claim will be barred forever. Most personal injury claims in New Mexico have a 3 year statute of limitations period. However, the time period for taking action may be as little as 90 days if a governmental entity is involved. It is critical that you speak with a lawyer immediately after an accident so you will know any time limits that apply to your claim.