New Mexico Medical Malpractice Statute of Limitations

If you have been the victim of medical malpractice in New Mexico, you are likely wondering how you will recover, both personally and financially. Malpractice can leave you in a worsened condition with additional medical bills, as well as cause you to lose potential wages. Additionally, you will likely see your quality of life decreased, both physically and emotionally. If you want to be compensated for your expenses and for your pain and suffering, help is available. Speak to one of Carabin Shaw’s New Mexico attorneys specializing in medical malpractice as soon as possible.

Before proceeding with a malpractice lawsuit, you must first make sure that it falls within the statute of limitations. In New Mexico, the statute of limitations for medical malpractice claims is three years after the malpractice occurred. This means that, if you only just discovered the malpractice, it is important to pursue legal action quickly, before that time limit expires and your case is no longer valid. Look into New Mexico medical malpractice lawyers as soon as you find signs that you have been a victim of negligent medical treatment.

Next, you must ensure that your treatment constituted malpractice. For this to be the case, it must meet two parameters: the error was borne of negligence or incompetence and would have been avoided by an attentive doctor, and the error resulted in injury.

This means that an injury that is a known and unavoidable risk of a medical procedure—for example, meningitis incurred as a result of a craniectomy, an unfortunate but known risk—is not an instance of malpractice. An exception is if you were not informed of these risks prior to the procedure, and thus could not give the procedure your informed consent. Further, a minor mistake that did not result in serious injury—for example, a minor allergic reaction to an anesthetic that was quickly dealt with—is not valid grounds for a medical malpractice lawsuit, since you incurred no financial damages or pain and suffering.

Malpractice can occur at any point during the process of medical care. Doctors, nurses, technicians, and pharmacists can all be responsible for malpractice. Perhaps the most common type of malpractice is surgical error, which can include operating on the wrong site of the body, making imprecise and harmful incisions, and even leaving surgical implements inside the body, which is shockingly common.

A misdiagnosis or failure to diagnose can also constitute malpractice if it is the result of negligence or incompetence; an imprecise diagnosis can allow your condition to worsen and become more difficult to treat. Prescription error also constitutes medical malpractice in New Mexico; it can be the result of misdiagnosis, a poor understanding of the medicine’s function, or simple clerical error.

Regardless of the exact nature of the negligent care that you received, look into New Mexico hospital negligence attorneys as soon as you are made aware of it. Remember, you only have three years to do so, and the sooner you pursue a lawsuit, the more compelling your evidence will be.

When looking for a lawyer to handle your malpractice case, keep in mind that, depending on who your lawsuit is targeting, they may be facing corporate attorneys retained by the hospital specifically to combat claims like yours. For this reason, you should prioritize an attorney with experience and one who specializes in cases like yours, dedicated to helping individuals rather than monolithic companies.

Carabin Shaw’s team of personal injury lawyers has decades of combined experience representing malpractice cases and a record that shows devotion to our clients. Contact our New Mexico office today at 915-779-2301 for a free consultation.