Medical Malpractice
A medical malpractice lawsuit is one type of personal injury lawsuit, where the claim is against a healthcare provider, such as a doctor, nurse, or hospital, when they fail to provide the standard of care that a reasonably competent professional would have provided in similar circumstances. To succeed in a medical negligence claim, the plaintiff must prove the following key elements:
Key Elements of a Medical Malpractice Case
The healthcare provider (defendant) had a duty to provide care to the patient (plaintiff). This duty typically exists when a patient and provider have a professional relationship, such as when a doctor is treating a patient.
The healthcare provider failed to meet the required “standard of care.” The standard of care refers to what a reasonably competent healthcare professional with similar training and experience would have done in a similar situation. Evidence is typically presented from expert witnesses in the relevant medical field to establish what the standard should have been.
There must be a direct link between the healthcare provider’s breach of the standard of care and the patient’s injury or harm. In other words, the negligence must be a substantial factor in causing the harm or injury. The plaintiff must prove that the injury would not have occurred if the provider had not been negligent and that the act or omission in question was a significant link to the injury.
The plaintiff must have suffered actual harm or damages as a result of the provider’s negligence. This typically must include physical harm, but also includes the impacts of that physical harm, such as pain and suffering, emotional distress, additional medical expenses, lost wages, or diminished quality of life. The damages must directly related to the malpractice.
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Additional Considerations in New Mexico
Expert Testimony
In most medical negligence cases in New Mexico, expert testimony is required to establish the standard of care, to demonstrate how the healthcare provider deviated from that standard, and to prove that the deviation from the standard of care caused the patient’s injuries. The expert must have specialized knowledge relevant to the case and be able to explain how the provider’s actions (or lack thereof) fell below the acceptable level of care and also how those acts or omissions caused the injuries to the patient. Hiring experts is one of the most expensive parts of bringing a medical malpractice claim but is almost always required to prove up a medical malpractice claim.
Evidence
Medical malpractice claims are proved up using expert testimony, depositions of fact witnesses (including treating providers), as well as patient medical records. The patient’s medical records are often one of the most important pieces of evidence, as they provide real-time evidence of what happened. If you bring a medical malpractice claim, your medical records will be an important part of the evidence for that claim.
Nursing Home Negligence
This is a specific type of medical malpractice lawsuit, where harm is caused by a nursing home’s failure to meet the standard of care.
Statute of Limitations
Any legal claim needs to be brought within the a specific period. This is called a statute of limitations. The length of the statute of limitations is a very complicated area of law and there is no “one size fits all” approach to the statute of limitations. Generally speaking, a medical negligence claim must be filed within three years from the date the alleged malpractice occurred or within three years from the date the injury was discovered. Claims against the government (e.g. state-run hospitals like the University of New Mexico, or federal clinics such as the Veterans Administration) have a shorter two-year statute of limitations. Additionally, claims against the government often have very short windows for providing notice of the claim to the governmental entity (such as six months or less). If you think you might need to speak with a lawyer, delays are not your friend and you should seek legal advice as soon as possible.
New Mexico Medical Malpractice Act:
The New Mexico Malpractice Act applies to some medical malpractice claims in New Mexico. If the New Mexico Medical Malpractice does apply, then there are special rules, including an administrative process before you can sue individual providers, caps on non-economic damages (e.g., pain and suffering), and rules about how the provider’s insurance applies. Only some healthcare providers fall under the Medical Malpractice Act.
Medical negligence claims are some of the most complex legal claims. They require careful examination of medical records, expert testimony, and legal strategy. If you believe you have a medical negligence case in New Mexico, it’s important to consult with an experienced attorney who specializes in this area of law.
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