There are a number of important elements that are essential to a New Mexico medical malpractice claim. Without these, a medical malpractice claim lawsuit cannot move forward.
Basic Requirements for a Medical Malpractice Claim
In order to prove medical malpractice, it must be shown that the: 1) medical provider was negligent, 2) the patient was harmed, and 3) the negligence was the cause of that harm (and not something else). The biggest hurdle is at #1. Without this, you don’t get to #2 or #3.
Regarding #1, “negligence” in medical malpractice case is largely defined by the standard of care in the community (geographic and medical practice areas). This is not particularly easy to show and requires an qualified medical expert witness that can reliably testify that in fact alleged negligent actions fell below the standard of care.
Medical Malpractice Claims Still Difficult Even When Basic Requirements Met
Keep in mind that these are basic requirements. Even with these present, a medical malpractice claim can be challenging. Despite what might be called an epidemic of negligent medical care, there are still many protection for negligent doctors and biases against injured patients.
In New Mexico and elsewhere, there are obstacles thrown in the way of innocent patients and families harmed by medical negligence. No matter how bad the negligence, it is still a fight to get fair and full compensation.
Do Not Delay
It is important to investigate medical malpractice as soon as possible after the alleged negligent medical care to determine if these basic requirements are met. It can take time to figure this out and a medical expert is almost always necessary.
There are unique requirements and deadlines on medical malpractice lawsuits. Failing to abide by these can bar the claim completely.
If you or a loved one has suffered serious personal injuries or wrongful death as a result of negligent medical care, it is important to have the guidance of an experienced medical malpractice attorney. Collins & Collins, P.C. can be reached at (505) 242-5958.