Damages and Compensation in a New Mexico Medical Malpractice Case

In New Mexico personal injury law, “damages” refers to injuries you’ve sustained. In other words, “damages” is used as a way of speaking about what an individual has lost. If you believe you’ve been the victim of medical malpractice in New Mexico, you may be entitled to monetary compensation for the damages you have sustained as a result. An experienced attorney can assist you in determining if it is appropriate to file a medical malpractice lawsuit based on your individual case and claim.

Three years is the statute of limitations in the state of New Mexico for personal injury claims, including medical malpractice. This “statute” means that after three years from the date of your injuries, any claim you file will likely be dismissed. The sooner you seek legal counsel, the better.

Don’t hesitate to call Carabin Shaw toll-free at 1-800-862-1260 or locally at 915-779-2301 to discuss your legal options. Our attorneys have over 20 years of experience serving clients in Texas and New Mexico.

Some victims of medical malpractice in New Mexico will never seek compensation for their damages. They might incorrectly assume that no one can be held responsible for accidents that happen in a healthcare setting. Or perhaps they are simply discouraged by what seems like a daunting legal process. Don’t guess when it comes to your health and your future. Let one of our lawyers help you determine if you have a claim that should be pursued.

When necessary, our New Mexico medical malpractice lawyers enlist the help of outside medical professionals to make a thorough review of your injuries and offer expert witness testimony. You will have to answer interview questions and submit to ongoing physical examinations. This process provides critical medical evidence that our attorneys will present on your behalf in court, demonstrating the extent of your injuries and their impact on your livelihood.

Understanding the basics of damages and compensation in a New Mexico medical malpractice case is important. As mentioned previously, “damages” is the court’s way of determining what a plaintiff has lost based on the nature and severity of their injuries. There are three common categories of damages relevant to medical malpractice cases.

• Compensatory damages are the most common and concrete type of damages, and include loss of wages and medical bills.
• General damages include pain and suffering, and loss of consortium. They may also include future losses of income and/or future medical bills. Factors considered will be the age and occupation of the plaintiff, as well as the lasting impact of physical, mental, and emotional injuries.
• Punitive damages are generally only sought in cases where negligence has been egregious. There is no specific cap on punitive damages in New Mexico.

Compensation most typically comes in the form of a monetary award meant to help you recover after being harmed by the wrongful conduct of another party. Since the 1990s, state law dictated that a plaintiff’s damages would be limited to $600,000 in a case of medical malpractice in New Mexico. In 2018, this cap on damages was struck down as unconstitutional by a state court. The New Mexico hospital negligence attorneys at

Carabin Shaw are in agreement with the court’s decision that a $600,000 cap was too restrictive, limiting a plaintiff’s ability to receive just compensation, as decided by a jury.

In order to ensure that hospitals in New Mexico consistently place the highest value on patient safety, our lawyers work hard to hold healthcare professionals and their employers accountable for negligent actions. Call one of our New Mexico medical malpractice lawyers today to determine if it will be in your best interest to pursue a claim. At Carabin Shaw we offer a free phone consultation and we never collect fees from our clients until you receive compensation for the damages you’ve incurred.