407 7th St NW Albuquerque, NM 87102
info@collinsattorneys.com
Patients in Albuquerque place their lives and trust in the hands of doctors, surgeons, and nurses, expecting competent care. When a preventable medical error violates that trust, the physical, emotional, and financial consequences can be devastating.
At Collins & Collins P.C., we understand that medical negligence is not just about a bad outcome. It is about a violation of safety rules that protect us all. Whether your injury occurred at UNM Hospital, Presbyterian, Lovelace, or a private surgical center, our Albuquerque medical malpractice attorneys help patients and families navigate the complex legal system to pursue accountability and compensation. We are here to ensure your voice is heard.
Our firm operates on a contingency fee basis. You pay no attorney fees unless we obtain a recovery. Call us now!
Medical malpractice occurs when a healthcare professional or institution fails to provide the accepted standard of care, resulting in injury or death. It is important to understand that a bad outcome does not automatically mean malpractice occurred. Medicine has inherent risks.
However, when a doctor’s action, or inaction, falls below what a reasonably competent peer would do under similar circumstances, that is negligence.
To succeed in a claim under New Mexico law, our attorneys must prove four specific elements by a preponderance of the evidence:
In New Mexico, the standard of care is determined by what a reasonably well-qualified healthcare provider would do in the same locality. This means an emergency room doctor is judged against the standards of other ER doctors in the Albuquerque area.
Proving a violation of this standard requires a deep understanding of medical protocols and the support of independent medical experts. We work with board-certified specialists who review records to determine if the care you received fell below acceptable limits.
Medical errors can occur in any setting, from a routine clinic visit to complex surgery. Our medical malpractice lawyers in Albuquerque handle a wide range of cases involving:
Delayed diagnosis
Failure to timely identify a medical condition, allowing it to progress unnecessarily.
Misdiagnosis
Incorrect diagnosis leading to improper or delayed treatment.
Surgical errors
Preventable mistakes during surgery, including procedural or intraoperative errors.
Medication and prescription errors
Errors involving prescribing, dispensing, or administering medications.
Birth injuries and obstetric negligence
Preventable injuries during pregnancy, labor, or delivery resulting from substandard care.
Failure to provide appropriate follow-up care
Lack of monitoring, reassessment, or continuation of necessary treatment.
Anesthesia errors
Improper administration or monitoring of anesthesia during medical procedures.
Hospital and nursing negligence
Systemic care failures involving hospital staff, nursing care, or institutional practices.
Medical negligence claims in New Mexico follow strict procedural rules. We guide you through every phase to ensure no evidence is overlooked:
Critical Deadline: You must file within three years of the medical error. For Qualified Health Care Providers, this deadline is strictly enforced without extensions
Medical malpractice cases often involve catastrophic injuries requiring significant financial resources. When negligence causes harm, the law allows you to recover damages to restore your financial stability and acknowledge your suffering. While every case is unique, understanding the landscape of successful recoveries is vital.
There is no limit to the amount you can recover for tangible financial losses, including:
New Mexico places a cap on damages for pain, suffering, and loss of enjoyment of life. For most claims against Qualified Healthcare Providers, this cap is currently $750,000 (excluding medical bills), though recent legislation provides for annual increases.
It is important to understand how your settlement is funded.
At Collins & Collins, P.C., our team evaluates each claim through a structured, evidence-driven process. We perform a forensic systems audit to identify why a healthcare institution allowed an error to occur, rather than simply blaming a single provider. Our Albuquerque medical malpractice lawyers use a structured, multi-front strategy that begins with Electronic Health Record (EHR) Forensic Auditing to track audit trails and determine if records were altered post-incident. We coordinate with a national network of board-certified specialists to challenge local institutional bias and build a high-stakes, evidence-driven claim.
Our strategy is built on maximizing recovery under the 2026 New Mexico Medical Malpractice Act:
Hospital-Controlled Facilities: We aggressively pursue the $6,000,000 non-economic damage cap available for 2026 claims against hospital systems.
Independent Providers: We navigate the COLA-adjusted caps for private practices, currently exceeding $750,000, and leverage the Patient Compensation Fund (PCF) to secure the full value of your claim.
Systemic Discovery: Our team investigates hospital staffing ratios and corporate budget decisions that prioritize institutional profit over patient safety.
Legislative Advocacy: We stay at the forefront of 2026 updates, including HB 99, to fight for punitive damages under the latest clear and convincing evidentiary standards.
Integrated Estate Recovery: Unlike firms that stop at a settlement check, we provide in-house Probate, Estate Planning, and Special Needs Trusts to protect your recovery funds for the long term.
We simplify complex legal matters by providing clear, concise, and accurate answers to your most pressing questions.
A potential claim exists when medical care deviates from accepted standards, results in injury, and is supported by records or expert findings. Our medical malpractice attorneys evaluate these elements based on the treatment timeline, documentation, and applicable standards of care.
Most claims must be filed within three years of the malpractice event or its discovery. However, exceptions and procedural triggers may apply. Early legal review is critical to preserve deadlines and confirm eligibility under New Mexico law.
Not all claims require a Medical Review Panel. In New Mexico, only claims against Qualified Health Care Providers (QHPs) generally need panel review.
Recovery depends on documented economic and non-economic damages, including medical costs, future care, lost income, and pain or suffering.
Contact Collins & Collins, P.C. for a free case evaluation. We work on a contingency basis, with no upfront costs, and you pay nothing unless we win, to hold negligent providers accountable and secure your recovery.
Call us at (505) 242-5958 or submit your case online to protect your rights.
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Past results do not guarantee any future outcome, and every case is different.