Aztec Medical Malpractice Lawyers

Doctors do not always give you the results that you want when they are providing you with treatment. The same thing goes for all other types of medical professionals. Although not every instance of a poor medical result is medical malpractice, when you are able to prove that it is, you may be entitled to a substantial amount of financial compensation. The first step is to contact an experienced medical malpractice lawyer to review your case.

Key Elements of a Medical Malpractice Claim

There are four things that you need to show to win a medical malpractice case in New Mexico:

• The defendant owed you the duty of care.
• They breached their duty by doing something that would be considered unreasonable under the circumstances.
• You suffered an injury.
• You would not have been injured had it not been for the negligent actions of the defendant.

Medical errors are a form of malpractice that could lead to the provider owing you money for your injuries. 

Special Medical Malpractice Rules in New Mexico

There are special laws that you need to be aware of when you are filing a medical malpractice lawsuit in New Mexico:

• The state has damage caps on certain elements of your medical malpractice claim that could limit the amount of money you recover. Still, the damage caps continue to increase with inflation each year, and it is more than worth it to file a claim to recover all the money you possibly can for your injuries.
• The statute of limitations in New Mexico medical malpractice cases is three years from the date that the malpractice occurred. There is no “state discovery-based rule” that allows the time clock to start running on the date you discovered that you were injured by malpractice. 
• You must attend a hearing before the Medical Review Commission before you can file a lawsuit in state court. Any ruling is not a binding one, but it would give you and the medical provider an idea about whether you have a strong case before you file a lawsuit. 

Are There Special Challenges in a Medical Malpractice Case?

You must overcome a jury’s natural inclination to place their trust in a medical professional as the expert. You would need cogent and convincing evidence that the medical provider committed malpractice in your case.

Medical providers may strongly defend against your malpractice case by arguing the following:

• Their actions were not the cause of your injuries, and you would have had the same result no matter what happened.
• The doctor exercised reasonable care in your situation.
• You were responsible for your own injuries.
• The doctor used a method of treatment that was a reasonable form of care, even if it was a minority viewpoint.

Your medical malpractice lawyer would need to deal with any defenses that are raised by the doctor and deal with them as necessary.

How Much Is My Medical Malpractice Case Worth?

Your medical malpractice damages are supposed to reflect the harm that you have suffered because of the negligent care you received from the professional. There are two general categories of damages in a medical malpractice case:

• Economic damages are intended to compensate you for the actual financial losses that you have suffered because of your injury. These types of damages include the medical expenses necessary to treat you and any lost wages from your job. 
• Non-economic damages compensate you for the physical effects of your injury. For example, the fact that you needed an additional surgical procedure could cause you to suffer more physical pain and anxiety over your condition. These types of damages, by definition, are subjective, meaning that you would need to find an effective way to relate your own story to your lawsuit. 

How Long Will My Medical Malpractice Case Take?

Medical malpractice cases will take a considerable amount of time to be resolved. You could be looking at a legal process that lasts many years. Even after you have filed a lawsuit, it could still be a long time before you have a result in your case. Much depends on the court schedule and how long it takes to conduct discovery. The court may not even schedule the trial for more than a year after you have filed your lawsuit.

The important thing is that you are as patient as possible to get the money that you deserve. The defendant may realize that you mean business and that they cannot push you around when they see that you are standing up for yourself with the help of an experienced medical malpractice lawyer.

Why Do I Need a Medical Malpractice Lawyer?

It would be simply impossible to have any kind of financial recovery in a medical malpractice case if you do not have the help of an experienced lawyer. There would be no way that you could prove that the doctor did anything wrong, let alone give them a credible fear of the consequences of not paying you. Your medical malpractice lawyer would work with expert witnesses as necessary and fight for you to get every dollar you deserve in compensation.

The experienced medical malpractice lawyers at Buchanan Law Firm, LLC have decades of experience in fighting for accident victims like you. We bring an aggressive brand of legal representation to the table, all the while endeavoring to provide you with exceptional customer service.

Contact the Aztec Medical Malpractice Lawyers at Buchanan Law Firm, LLC for Help with Your Case Today

If you have been injured by the careless actions of a professional who owed you the duty of care, get legal help from the Aztec medical malpractice lawyers at Buchanan Law Firm, LLC. Our lawyers are standing by and ready to speak with you during a free initial consultation. Call us today at 505-900-3559 or contact us online. Located in Albuquerque, New Mexico, we gladly serve clients in Santa Fe and the surrounding areas.