New Mexico Medical Malpractice Laws and How They Affect Your Claim

Medical malpractice is more common than many New Mexico might residents think. It involves the failure of a doctor or other medical professional to provide the basic standard of care for his or her patients. The most common forms of medical malpractice in New Mexico include:

• Misdiagnosis
• Wrongful medication dosage
• Wrongful diagnosis
• Late diagnosis
• Aftercare negligence
• Negligent management and upkeep of medical facilities

Perhaps the most crucial piece of state legislation regarding medical malpractice is the New Mexico Medical Malpractice Act. It outlines the parameters, restrictions, provisions, and limitations regarding a successful malpractice settlement. Let’s take a closer look.

Qualified Healthcare Providers

According to the Act, a malpractice suit can be issued against any healthcare provider, as long as you can prove that they are responsible. Commonly responsible parties include:

• Doctor
• Counselor
• Therapist
• Surgeon

Damage Caps

Compensation for damages in any case of New Mexico medical malpractice does not include any speculative amounts based on the future cost of treatment. The state’s laws limit available compensation only to the amount of accrued bills and expenses related to current care. The law also sets forth a $600,000 state cap on damages in these cases (however, be aware that in April 2018, an Albuquerque court ruled this cap unconstitutional). This cap applies to non-economic damages (loss of consortium, loss of companionship, pain and suffering, etc.), but excludes the more easily quantifiable economic damages, such as loss of income, hospital bills, and other treatment expenses.

Patient Compensation Fund

Beyond these damage caps, the law also says that the damages any defendant in medical malpractice in New Mexico cases must pay will be no higher than $200,000. Anything more than this amount comes out of New Mexico’s Patient Compensation Fund to cover the balance.

Statute of Limitations

In the state of New Mexico, there is a three-year statute of limitations for the filing of a medical malpractice claim. From the date of the alleged malpractice, a patient has three years to set a lawsuit in motion. After this time, it becomes significantly more challenging to file a successful settlement.

Waiting too long to file a lawsuit may look to a judge like your case is not as serious as the compensation your settlement demands. The more time that passes after malpractice, the more you will need New Mexico medical malpractice lawyers on your side to claim maximum compensation.

Claims do require expert testimony in most malpractice claims. However, it is important to note that the laws that govern the settlement of medical malpractice in New Mexico do not have a required affidavit of merit. The only way to know what action is best for you and your family is with the help of a lawyer.

Medical malpractice can be difficult to detect and even harder to prove, especially after third parties and insurance companies get involved. If you have questions about any potential instance of medical malpractice, don’t hesitate. The sooner you discuss your case with an attorney, the sooner you will be able to determine what happened and any reparations to which you are entitled.

When you enlist the help of one of the lawyers from Carabin Shaw, you are calling on the best legal voices in the business. Our New Mexico hospital negligence attorneys have experience fighting for the rights of patients in negligence suits for more than 20 years.

For more information about medical malpractice laws and how they affect your claim, contact a Carabin Shaw lawyer today. Our New Mexico medical malpractice lawyers are ready to take your call. Reach us toll-free at 1-800-862-1260, or call our West Texas offices at 915-779-2301. You can also visit with one of our lawyers at any of our practice areas in Texas, New Mexico, and elsewhere in the Southwest.