When you check into a hospital or make an appointment with a doctor, you expect to receive high-quality medical care. After all, medical professionals undergo many years of intensive training to treat patients like you. You put a lot of faith into the hands of your doctor and medical provider.
But sometimes, negligent doctors, nurses, and hospitals cause tremendous physical damage to patients. When medical negligence causes you harm, you have been a victim of medical malpractice.
At Flores, Tawney & Acosta P.C., we fight for the legal rights and financial interests of malpractice victims in Southern New Mexico and West Texas.
What is Medical Malpractice?
Medical malpractice occurs when a medical professional’s negligence or a healthcare provider’s negligence causes harm to one of their patients. To prove medical malpractice under New Mexico law or Texas law, an attorney will need to establish the following four things:
- A legally valid doctor-patient relationship existed;
- The medical professional (or hospital) breached their duty of care;
- A causal link exists that connects the breach of duty (negligence) to the victim’s injuries; and
- The affected patient sustained damages.
If you received substandard care, and you suffered injuries or worsening of your medical condition, you have legal rights.
You need to take action to hold the negligent party accountable. These cases are complex, so you should not go through the legal process all on your own.
Examples of Medical Negligence
From anesthesia errors to surgical mistakes to a doctor’s failure to diagnose, medical malpractice takes many forms. There are several examples of medical negligence that are, unfortunately, all-too-common.
Failure to diagnose or misdiagnosis
When a doctor fails to diagnose a patient’s condition accurately, the patient misses out on prompt and vital treatment. Failure to diagnose and misdiagnosis account for a large portion of medical malpractice cases. The plaintiff needs to show the physician didn’t act the way a competent doctor in the same field would have. If the patient’s condition could have been properly diagnosed with reasonable care, the treating physician might be liable for malpractice.
Negligent surgical errors
In some cases, surgical physicians cause further damage during the procedure. Examples of this include puncturing organs or even leaving medical instruments inside the patient. Sometimes, the follow-up care may also be negligent, and the patient doesn’t heal properly. Both of these could be grounds for medical malpractice.
If a doctor fails to give needed medication or gives the wrong amount, the patient’s health could be at risk. In either case, the patient isn’t receiving the care that they need. This could form the basis of a medical malpractice case.
Negligent prenatal care or negligence during childbirth
If a physician acts negligently during a patient’s prenatal care or childbirth, both the mother and child are at risk. These types of injuries are unfortunately not uncommon.
An anesthesiologist might not take patient history correctly. They may also fail to monitor the patient during the procedure. They may give the incorrect dosage of anesthesia. Due to the anesthesiologist’s errors, the patient could experience serious injury, up to and including death.
These are typical examples of medical negligence, but each case is unique. If you think you may have a claim, contact experienced New Mexico medical malpractice attorneys as soon as possible.
Filing a Medical Malpractice Claim in New Mexico
Hiring experienced New Mexico medical malpractice attorneys is critical when filing your claim. This is a very difficult time in your life, and having the right team on your side can make all the difference in the world.
It’s important to find an attorney that is the right fit. Because of this, you should look for a medical malpractice attorney in Las Cruces who offers a free consultation. We also have offices in Carlsbad and several other locations. Within your free consultation, your attorney can let you know how strong they think your case is and talk to you about what to expect.
Once your claim is filed, you may be looking at lengthy litigation or a quick settlement. If the case proceeds to litigation, your medical malpractice attorney in Las Cruces will need to file written documents in court, as well as gather physical evidence. There may be hearings before it reaches trial.
Usually, neither side desires a trial, because it is expensive and takes a lot of time. Often, your experienced New Mexico medical malpractice attorneys can settle your case before it reaches trial. This will give you the compensation that you need as soon as possible.
Victims Deserve Compensation
If you were a victim of medical malpractice in New Mexico or Texas, you might have suffered a tremendous amount of damage.
To ensure that you are able to maximize your financial recovery for these damages, you should get an experienced medical malpractice attorney in Las Cruces by your side as soon as possible. Doctors and hospitals are represented by big insurance companies. You should not accept anything less than you deserve. You deserve full compensation. Our team can help you seek financial relief for:
- All of your medical bills;
- Any costs associated with physical rehabilitation;
- Required psychological counseling;
- Any other incidental economic damages;
- Lost current and future wages;
- Short-term or long-term disability;
- Pain and suffering;
- Permanent physical damage, including disfigurement;
- Mental anguish and emotional distress; and
- Wrongful death damages.
Were You a Victim of Medical Malpractice?
For medical malpractice lawyers in New Mexico, please call our office today at (855) 943-0230. At Flores, Tawney & Acosta P.C., we have helped many victims of medical malpractice in Las Cruces obtain the full and fair compensation they deserve.
We serve clients throughout New Mexico and Texas. See a full list of our many office locations.