Medical Malpractice
When medical caregivers and clinics betray patients’ trust, they should be held accountable. Ask us how filing a claim can result in clinic-wide changes.
New Mexico Medical Malpractice Attorneys
We Hold Hospitals, Doctors & Other Healthcare Practitioners Responsible for Catastrophic Injuries
Hospitals are the front line of medical care for our communities. They are the first place most of us go when we are critically ill or experiencing the first symptoms of what may be a serious disease or injury.
When we take our loved ones to the hospital, we have the right to expect they will be given safe, effective care. We rely on hospitals and the doctors they hire as experts to order appropriate tests and closely care for our loved ones until they can rule out the most dangerous, life-threatening conditions or diagnose them and treat them aggressively. If a patient is instead neglected or harmed by systemic failures and/or improper care, they may be eligible to file a medical malpractice claim.
Why Choose Our Medical Malpractice Lawyers in Albuquerque
At McGinn Montoya Love Curry & Sievers PA, we hold hospitals, the corporations that run them, and other medical providers accountable when they use dangerous systems that put patients’ lives at risk. You can count on our highly skilled New Mexico medical malpractice lawyers and medical experts to review your claim with the future in mind. We will carefully and thoroughly prepare your case and work diligently so you can hold accountable those who caused your injuries or a loved one’s death.
Call McGinn Montoya Love Curry & Sievers PA to schedule a free consultation with one of our medical malpractice attorneys in Albuquerque. We serve clients across New Mexico—call us at (505) 581-5389 to see how we can help you.
What is Medical Malpractice?
Medical malpractice refers to any situation where a patient is injured because of negligent or reckless care, whether individual practitioners or the companies that run hospitals are at fault. Today, we are finding that more and more injuries and deaths caused by improper medical care happen because these facilities are operated by out-of-state corporations that choose not to have the necessary systems, policies, and procedures in place to ensure New Mexicans’ safety.
Types of Medical Malpractice Claims
We are available to handle the following types of medical malpractice cases, among others:
- Failure to diagnose critical conditions
- Delayed diagnosis or treatment
- Misdiagnosis
- Birth injuries
- Surgical errors
- Pathology errors
- Radiology errors
- Nursing errors
- Emergency room negligence
- Medication errors
- Injuries due to understaffing
If your health care provider violated the standard of care and their conduct resulted in injury or death, you may have grounds for a case. When considering a medical malpractice complaint, it’s important to determine whether your or your loved one’s injuries were preventable with the right treatment. You should also keep in mind that a claim can help you find justice and stop wrongdoers from hurting anyone else.
Medical Malpractice FAQs
What is the statute of limitations for medical malpractice claims in New Mexico?
The medical malpractice statute of limitations in New Mexico, is three years from the date of the malpractice to file a claim in court.If you fail to file your claim within that time frame than you may use your right to do so. When system-level negligence injures you or a loved one, our team can help. Share your story with us today to learn more about your legal rights!
Was it medical malpractice or just a bad outcome?
Everyone who goes through a medical procedure of any kind hopes that it goes well. However, there are always risks. There is always the possibility of a bad outcome. A bad outcome does not necessarily mean that the doctor did anything wrong.Despite the best efforts of those involved, it is still possible for a medical procedure to turn out poorly. That being said, patients always have the right to ask questions. They have the right to be told what happened and why.
What kind of compensation can I recover in a medical malpractice case?
Damages may include payment for medical expenses (past and future), lost income, reduced earning capacity, pain and suffering, loss of quality of life, and in some cases, punitive damages.
Do I need an expert witness in a medical malpractice case?
In most states, yes. Medical malpractice claims often require expert testimony to establish what the standard of care should have been and how the provider failed to meet it.
How long do medical malpractice cases take to resolve?
These cases can take months to years, depending on their complexity, the need for expert testimony, and whether the case goes to trial or is settled beforehand.
Can I sue a hospital as well as a doctor?
Yes, if the hospital or its staff were negligent, or if the doctor was an employee of the hospital. Liability may also extend to nurses, technicians, or administrative staff.
How much does it cost to hire a medical malpractice attorney?
Most medical malpractice lawyers work on a contingency fee basis, meaning they only get paid if they secure compensation for you.
What should I do if I suspect medical malpractice?
Seek immediate medical care if needed, gather medical records and documentation, avoid discussing your case with the provider or insurer, and contact a medical malpractice attorney as soon as possible.
How We Can Help Identify Medical Malpractice
If you received subpar medical care, you may be questioning whether or not you have grounds to take legal action. The healthcare provider’s actions must meet certain conditions to be considered malpractice. Because it is your right to receive medical care that is thorough, timely, and customized to your needs, you should take a closer look at what has happened.
Generally speaking, in order to be considered malpractice, the incident has to meet certain criteria:
- Your doctor was negligent, or fell below the required standard of care.
- You suffered unnecessary pain, injury, or illness.
- Your doctor’s negligence was the cause of your injuries.
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 us. The laws around medical malpractice exist to protect you if you are wronged. However, filing a medical malpractice claim is a complex process that requires substantial preparation and a knowledgeable team. You can be confident that McGinn Montoya Love Curry & Sievers PA has the resources to investigate your case.
Finding evidence of medical malpractice involves:
- Requesting and examining medical records
- Seeking a second opinion from another doctor
- Reaching out to medical experts for their opinion on what the standard of care should be in any given situation
- Looking at facility policies and practices to determine if they were safe and designed based on the needs of patients
We work with medical experts who thoroughly analyze all of our cases and help us understand more about the form and cause of the negligence involved. Our firm has strong relationships with medical professionals throughout the country. Let our New Mexico medical malpractice lawyers help protect your rights
Contact us today at (505) 581-5389 to request a free case evaluation
