Medical malpractice cases are often complex, but at Zebas Law Firm, LLC, we know how important it is for our clients to receive compensation after they have been injured because of substandard care. When our clients choose us, they get more than 23 years of experience and skill that can help them successfully navigate the processes of building their case and pursuing it in court.
To schedule a consultation to talk about the specifics of your case, call us at (575) 214-3888 or contact us online.
If you or a loved one have been injured or even killed because of a misdiagnosis, an error during surgery, or any other kind of negligence, do not delay. Seek the compensation you need today with the counsel and guidance of our Hobbs medical malpractice lawyer.
He went above and beyond for my family and I wouldn't change a thing.Robert H.
Medical malpractice refers to instances where the negligence of a medical professional or the oversight of a care facility injures a patient. Considering the variety of issues treated at a hospital or urgent care clinic, there are countless examples of what medical malpractice looks like.
Some general examples include:
- Errors during surgery
- A delayed or incorrect diagnosis, as well as failing to diagnose a serious condition
- Errors in pathology, nursing treatment, or when prescribing medication
- Injuries sustained during birth
Unfortunately, even the best treatment can lead to bad results. What this means is that medical malpractice cases receive a lot of scrutiny and require compelling evidence to pursue. In New Mexico specifically, to seek legal action you must submit an application to the state’s Medical Review Commission, a group of lawyers and medical professionals who will look over the application and determine whether there is substantial evidence to necessitate legal action.
Both the application and the case itself will generally require an individual to:
- Establish the standard of care for the service they sought
- Demonstrate that the care provider’s standard of care was below what it should have been
- Prove that it is possible for this subpar care to cause an injury
- Show a significant link between the doctor’s negligent care and their injuries
Damages You Can Recover
Individuals who have been injured because of medical malpractice can recover damages, which include but are not limited to:
- Compensation for necessary medical procedures, equipment, or prescriptions, both past and present
- Lost wages, should the injury have limited a person’s capacity to work or rendered them unable to work
- Wages the individual could have made in the future but will miss out on because of the injury
- Damages to compensate for a loss in quality of life
- Money to cover the costs of funeral expenses, if the injuries led to the death of the person
In New Mexico, there is a cap on the damages individuals can recover in a case. For everything except present and future medical expenses, the cap is $600,000. The state also limits the amount of money any defendant can pay, capping individual damages at $200,000.
In Arizona, there are no damage caps.
If you believe you have been injured because of medical malpractice, call us today at (575) 214-3888 or contact us online so we can begin pursuing the compensation you deserve today!
Except for one distinct circumstance, the statute of limitations for filing a medical malpractice claim in New Mexico is three years. The exception to the rule is for children under the age of six. If they were to sustain an injury, parents have until the child is nine years old to file a suit.
In Arizona, the injured generally have two years to pursue a medical malpractice claim. An important aspect of this timeline is the “discovery rule,” which states that once a person has reasonable knowledge that they have been injured because of malpractice, they have two years to file. Proving the “discovery” of your injuries is something that can require significant documentation, which is yet another reason it is a good idea for injured parties to take thorough notes of their injuries and how they develop over time.
There are three exceptions to the Arizona statute of limitations. Children under the age of 18, individuals with mental disabilities, and anyone who received medical care outside of the state can pause (or “toll,” in legal terms) the statute of limitations, allowing them more time to file.
If you believe you could have a case, it is imperative that you pay attention to the state’s statute of limitations. As a best practice, contacting an attorney as soon as possible can help put your case on the right track and ensure that you do not surpass the statute of limitations.
A central part of every medical malpractice case is the “standard of care.” It maintains that all patients should expect to receive a certain level of help from medical staff, no matter where they go to receive it. Care includes tests, diagnoses, treatments, and general service.
As outlined above, all medical malpractice suits stem from the failure to meet the standard of care. If you believe that injuries you sustained after receiving treatment were a result of this kind of failure, our firm can help you do the following to build your case:
- Consult other medical professionals who can affirm your claims about the subpar care you received
- Obtain pertinent medical records
- Examine the safety policies and protocols of the facility you visited to determine whether they were followed
In addition to the work our Hobbs medical malpractice attorney can do, be sure to document your injuries, taking note of how they change or persist. Before we ever get to your case, having photos or videos of your injuries and how they happened and/or how they affected you can be extremely helpful.
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