You trust your medical provider, literally, with your life. You expect that when you seek medical attention your needs will be met. You never once think that your medical provider will not do whatever is necessary to make sure that you are given the best care possible. However, sometimes, it happens. Sometimes, unfortunately, your medical provider may commit malpractice. However, what do you do if you suspect that your medical professional has committed malpractice? You seek legal representation. If you or a loved one has been subjected to medical malpractice, it is important to contact an experienced Albuquerque personal injury attorney to determine whether you have a case.
What is Medical Malpractice?
When a medical professional injures a patient due to the medical professionals own negligence, it is considered medical malpractice. Medical malpractice occurs when a medical professional fails to perform his or her medical duties due to negligence, thereby causing injury to a patient. Though medical malpractice is preventable, it often occurs and can cause serious injury or even death to the patient. Medical error is one of the leading causes of death and it is the leading cause to accidental death in Albuquerque.
However, in New Mexico if the medical provider is a member of the New Mexico Patient Compensation Fund then suing a medical professional for medical malpractice may be a lot harder. Under this fund, you may run into statute of limitations, damage caps, and civil procedure issues. Therefore, it is beyond beneficial to seek legal advice so that you can determine whether your medical provider is a member of this group. Generally, in medical malpractice cases, you must prove that there was a doctor-patient relationship, that the doctor was negligent, and that the doctor’s negligence resulted in injury to you that should be compensated with damages.
Common types of medical malpractice, include but are not limited to: failure to diagnose; improper treatment; and failure to warn a patient of known risks. To prove this, the burden is always on the plaintiff to prove that your doctor committed medical malpractice. Also, it is important to note, that in New Mexico the statute of limitations to bring a medical malpractice suit is three years and does not begin to run until the injury is discovered or should have been discovered. To determine this information and to determine whether you have a case, it is extremely beneficial to seek legal representation.
Need Legal Advice?
Sustaining an injury is difficult within itself. However, it is even more difficult when the person you thought you could trust, your doctor, subjects you to additional injuries. Though it may be frustrating for you, you may be able to be compensated for the injuries which you have sustained. If you or a loved one has been subjected to medical malpractice, it is invaluable to seek legal advice. Contact an experienced Albuquerque personal injury attorney at Khayoumi Law Firm to strategize about the best possible outcomes for your case. Contact our office today for an initial consultation.