Similar to other states in the nation, medical malpractice in New Mexico happens when a medical professional or healthcare organization deviates from a set standard of care and proves to be negligent in their actions. This negligence leads to injury or harm to the patient in some way.
Medical malpractice can occur when a doctor misdiagnoses a patient, fails to treat a patient, makes a mistake during a surgical procedure, or prescribes the wrong medication to a patient. It can also occur if a patient becomes sick in a hospital due to an unsanitary environment. Regardless of how the malpractice occurs, patients have the right to sue for compensation.
A Roswell, Santa Fe, or Albuquerque medical malpractice attorney can help gather evidence in your medical malpractice case including hospital procedural documents, medical records, witness testimonies, and receipts. Knowing New Mexico’s specific medical malpractice laws can prepare you as you move forward in the legal system.
The Statute of Limitations
There’s a statute of limitations of three years for medical malpractice cases in the civil court system in New Mexico. Medical malpractice lawsuits fall under the broader category of personal injury cases, and you’ll need to file your claim within three years of when your malpractice incident occurred if you want the court to hear your case, otherwise, you won’t receive any compensation for your damages.
Cap on Damages You Can Recover
While there are no limits set on economic damages for medical malpractice, there’s a cap on the non-economic damages you can recover, such as pain and suffering. The cap on non-economic damages in medical malpractice cases in New Mexico is $600,000.
New Mexico also doesn’t allow injured victims in medical malpractice cases to recover damages for future medical expenses that have yet to be incurred.
Expert Witness Testimonies
All medical malpractice cases in New Mexico require witness testimony from a medical professional. This testimony is to prove that the medical provider being sued for malpractice was negligent in their actions because they delivered care that was below the set standard of care in the state.
Knowing these laws can help you prepare when filing a medical malpractice lawsuit in the state of New Mexico. While medical malpractice has a widely accepted definition in the United States, knowing what rules that apply in your state can be the deciding factor in whether you win a settlement.