Medical Malpractice FAQs
Get The Answers To Your Medical Malpractice Questions
Revo Law Firm has a reputation for giving excellent customer service that helps us achieve successful results for our clients. Below, our lawyer answered frequently asked questions about filing a medical malpractice claim in New Mexico.
We invite you to contact our office to begin your free initial consultation process to discuss your rights in detail.
1. To prevail in a medical malpractice claim against my doctor, what do I need to prove?
To prevail, you must prove:
- There was a bright-line connection between malpractice and your damages.
- You suffered harm as a result of a doctor’s negligence
- You had a doctor-patient relationship that established the doctor’s duty of care.
- The doctor deviated from the accepted standard of care.
2. Is there a time limit for filing a medical malpractice claim in New Mexico?
You must file your medical malpractice claim within three years of the health care provider’s action or omission. Your minor child has until her or his ninth birthday to sue for negligent conduct that occurred any time before the age of 6. You forfeit your rights to compensation if you fail to initiate your case before the deadline.
In cases involving state, county or local public employees or organizations, the claim must be filed within two years and also requires a notice of intent to file a claim within 30 to 90 days of the occurrence.
3. Who is liable for medical malpractice?
Any health care practitioner or facility that owed you a duty of care may be liable for malpractice, including:
- Medical specialists
- Psychologists and counselors
- Physical therapists
- Physicians’ assistants
- Nurse practitioners
4. What types of actions may be considered medical malpractice?
Medical malpractice is anything your medical practitioner or health care establishment does or fails to do in deviation from the accepted standard of care. For example:
- Surgical errors
- Overdose or inadequate anesthesia
- Misdiagnosis of a medical condition
- Delayed or improper treatment
- Pharmaceutical mistakes
- Nursing home abuse or negligence
- Failure to warn patients about risks and adverse effects
5. If my doctor made a mistake but did not injure me, is this medical malpractice?
No. Legally, you must prove that you suffered damage because of the mistake.
6. What does informed consent mean?
Your doctor has a duty to disclose potential risks and adverse effects of medical and surgical procedures. Your agreement to accept the risks is called informed consent, depending on the circumstances. An exception exists in an emergency situation when the patient is not able to provide informed consent.
7. What medical malpractice damages could I receive?
Depending on the facts of your individual case, our lawyer may pursue:
- Lost income
- Diminished future earning capacity
- Medical bills
- Loss of enjoyment of life
- Anticipated medical treatments
- Punitive damages
- Pain and suffering
- Disfigurement and scarring
- Emotional trauma and distress
8. Can I sue if my family member died because of a doctor’s mistake?
If a health care provider contributed to your loved one’s death, you may have a wrongful death claim. Depending on your individual circumstances, you may be entitled to:
- Funeral and burial expenses
- Lost wages and income opportunity
- Lost benefits — such as health insurance, Social Security and veterans benefits
- Lost household services — for example, child care, accounting, cooking, landscaping, home repair and security
- Loss of love, affection, companionship, support, friendship and moral guidance
- Your emotional suffering and distress
9. Do I have the right to compensation for the implantation of a defective medical device or implantation failure?
You may have a valid cause of action against the medical device manufacturer for producing a defective product, mislabeling the device or failing to warn the public about potential risks. Implantation failures in the case of medical devices such as artificial hip replacements can cause injury, pain and the need for additional surgeries for which you may have a cause of action against the doctor and/or the device manufacturer.
10. How do I know whether I have a valid claim, and how can I afford to pay an attorney anyway?
Our team can conduct a complete analysis of your case to determine whether you have a valid claim. Because your initial consultation is free, there is no risk in learning about your options. In addition, we will handle your claim on a contingency fee basis — meaning you do not pay our attorney fees until we recover damages in your case.