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McGinn, Montoya, Love & Curry, PA

How are medical malpractice cases identified?

If you have been the recipient of subpar medical care in New Mexico, you may be questioning whether or not you have grounds to take legal action. The health care provider’s actions must fall under certain conditions to be considered malpractice. Because it is your right to receive medical care that is thorough, timely and customized to your need, you should take a closer look at what has happened.

Once a doctor has created a treatment plan, it is critical that you ask questions about what to expect during the procedure, what effects your body will experience and what you should do to facilitate a healthy recovery. By gathering all of this information, you have a way to measure your experience. If anything happens that was not discussed between you and your health care provider, it could be an indication that a mistake or oversight was made.

Medicalnewstoday.com says that for your case to be considered malpractice, the incident has to meet certain criteria such as:

  • Your doctor’s actions caused you unnecessary pain, injury or illness
  • Your doctor’s actions caused a need for medical treatment or time away from work
  • Your doctor’s actions are considered negligent, or below the required standard of care

If you have evidence to prove these points, you may have enough to confront a doctor. No one should endure physical and emotional distress from the very people meant to help them heal. The laws around medical malpractice exist to protect you if you are wronged.

The information in this article is intended for educational purposes only and should not be taken as legal or medical advice.