The answer is a resounding NO!
Undocumented Immigrants Have Same Rights as Other Patients in Medical Malpractice Cases
Your immigration status is absolutely irrelevant to your medical malpractice case. It is inadmissible in court. Likewise it should not be made an issue during litigation or settlement processes.
Unethical and Illegal to Make Immigration Status an Issue
It would be unethical for a lawyer to bring up the issue under the New Mexico Rules of Professional Conduct.
It would also be unethical for an insurance company to make it an issue. In fact, it would violate the New Mexico Insurance Code regulations.
It might even be grounds for a bad faith insurance claim. These are a little harder for a third party (someone other than the insured) to bring these claims. But New Mexico does recognize third party bad faith although it remains difficult.
Seek the Guidance of an Experienced Medical Malpractice Attorney
Medical malpractice cases are always difficult. Doctors, hospitals and other medical providers rarely admit mistakes without a fight. They are counting on you giving up as the vast majority of patients and families do.
If you or a loved one has suffered serious harm or wrongful death as a result of medical malpractice, don’t give up. At the very least, have your case looked at by an attorney. It certainly can’t hurt. And if the injuries or death resulted from medical malpractice you will be one step closer to justice for you and your family.
The Albuquerque attorneys at Collins & Collins, P.C. can be reached at (505) 242-5958.