Medical malpractice is currently the third leading cause of death in America, behind only heart disease and cancer. Medical malpractice occurs whenever a patient is harmed by their doctor (or by another medical professional) because the doctor failed to perform their duties competently. But who is legally responsible when medical malpractice occurs in New Mexico? If you’ve suffered an injury or illness resulting from medical malpractice and are wondering who can be held accountable for medical malpractice in New Mexico, our New Mexico medical malpractice lawyers are here to help. Read on to learn who can be held liable for medical malpractice, how to choose an attorney after experiencing medical malpractice in New Mexico, and more.
Who Can Be Held Liable for Medical Malpractice in New Mexico?In cases of medical malpractice, there are many parties who may be held legally responsible, and liability depends on the specific circumstances of each individual case. But depending on the circumstances, one or more of the following parties may be held liable:
1. The Doctor, Nurse, or Surgeon Who Made the Error
If a patient dies because of a medical or surgical mistake, the responsible doctor or surgeon may be held liable for wrongful death. In most cases, the hospital will be held ultimately responsible for wrongdoing on behalf of its employees. However, if the doctor or surgeon was an independent contractor who simply performed the procedure inside the hospital, then the individual doctor will be held liable, not the hospital.
2. The Hospital
If the negligent doctor was an employee of the hospital rather than an independent contractor, then the hospital itself can be held liable for the doctor’s negligence. Legally, it is the hospital’s responsibility to oversee its employees and to manage the quality of medical care being offered to patients. This is because of the legal doctrine known as “respondeat superior,” which states that an employer may be held liable for negligent acts committed by its employees. The caveat is that the doctor must have been acting within the scope of their employment when the malpractice occurred.
3. Drug Companies
In some cases where a patient is injured because of a medication’s side effects, pharmaceutical companies may be held liable. However, this generally only applies if the drug manufacturer has failed to warn the doctors of a given drug’s potential side effects.
How to Choose the Right Attorney for Your Medical Malpractice Lawsuit
When choosing among New Mexico hospital negligence attorneys, there are many factors to take into consideration before hiring a lawyer. You will need a lawyer who has extensive experience handling medical malpractice claims, as well as someone with the resources and a large enough legal team to take on a hospital’s massive legal department. When interviewing a potential attorney for your case involving medical malpractice in New Mexico, make sure to ask them the following questions:
At Carabin Shaw, we’ve been handling medical malpractice claims for more than two decades, and our attorneys have 200 years of combined legal experience. We have a winning track record, and we’ve secured more than $500 million in compensation for our satisfied clients. We have the resources, the know-how, and the staff to take on even major hospitals, and we can help you get the compensation you deserve after suffering from medical malpractice.
So call our office today for a free consultation with one of our experienced New Mexico medical malpractice lawyers at 915-779-2301 to find out what our team can do for your case involving medical malpractice in New Mexico.