Defining Negligence in a Medical Malpractice Lawsuit
medical malpractice

medical malpractice

Though we’d like to think of the medical field as a wholesomely good industry, unfortunately, it is not without fault. In fact, it is often one of the most corrupt industries in America. The state of New Mexico has seen cases of medical malpractice by the thousands.

In 2015, New Mexico was considered the 34th state with the most medical malpractice lawsuits. The state, as a whole, is sued 17.9 times for every 10,000 people. According to New Mexico law, the statute of limitations for medical malpractice is 3 years. But acting fast is of your best interest.

If you or a loved one believes to have been a victim of medical malpractice in the state of New Mexico, the Law Office of Javier Martinez, Jr., P.C. can provide you with the answers you need to move forward with a claim.

Knowing If Negligence Was Involved

To move forward with a medical malpractice claim, proving that negligence took place is the first and most significant step. However, proving negligence comes with a great challenge. Admitting mistakes isn’t something that a doctor or nurse will voluntarily do. In fact, they will do the exact opposite and deny all claims until the very end.

Proving that you were harmed as a result of negligence, includes the following:

  • Proving that the doctor or nurse had a legal responsibility toward you; a doctor-patient relationship was established.
  • Proving that a breach of legal duty was established.
  • Proving that you were hurt as a result of poor medical care.
  • Proving that your injuries are quantifiable; your losses may be calculated.

Examples of medical negligence include:

  • Failing to hear a patient’s concerns
  • Misdiagnosing or failure to diagnose
  • Errors with anesthesia
  • Failing to address a patient’s allergies
  • Failing to read a patient’s chart
  • Providing the wrong prescription
  • Prescribing the wrong dosage for a medication
  • Other medication-related errors

Contact a Reputable Medical Malpractice Lawyer in New Mexico

As your personal injury lawyer, Javier Martinez, Jr. will ensure that your case receives the attention it deserves. Medical malpractice cases are among the most difficult by nature. But once we determine that there is sufficient evidence, we won’t stop fighting on your behalf until a compensation reflecting your losses has been reached. Please connect with us today to learn more.