Medical Malpractice

What Constitutes Medical Malpractice in New Mexico?

Posted by: Kemmy Law Firm

You chose a healthcare professional you thought you could trust, but after your or a loved one’s treatment, you learned you’re worse off. Medical malpractice may have caused your injury, but not every mistake counts. If you’re in New Mexico, it essential to know your rights and what you may be owed in financial compensation.

The Kemmy Law Firm represents those injured by negligent healthcare providers in Hobbs, New Mexico; Lovington; and Lea County. Our attorneys help people whose correct diagnosis was missed, those injured during surgeries, or those who suffered harm after taking the wrong medication.

If this happened to you or your loved one, call the Kemmy Law Firm to learn. Call (575) 222-8549 for a free, no-obligation case evaluation.

Medical Malpractice in Lea County

There are four major hospitals in the area: Hobbs Hospital, Family Health Center of Lea County, Nor-Lea Hobbs Medical Clinic, and Nor-Lea Hospital District in Lovington.

Under New Mexico law, you have three years from the negligent care date to file a legal claim. If a child younger than 6-years-old was injured, a lawsuit must be filed before they reach 9-years-old. These cases require extensive investigation to determine if medical malpractice occurred, so contact us as soon as you believe something went wrong.

Did Your Treatment Meet the Standard of Care?

When we get any medical treatment, we should receive at least what’s considered the standard of care. This is a base level of professionalism that reasonable practitioners in similar situations should provide to ensure patient safety.

The standard of care applies to all medical personnel. This includes surgeons, nurses, paramedics, pharmacists, pathologists, and radiologists. If you received less than this level of care and were injured due to their medical negligence, you might have a medical malpractice case.

The Elements of a New Mexico Medical Malpractice Case

To prove your case, you have the burden of showing:

Your Treatment Wasn’t up To the Standard of Care

How was the care you received not up to the appropriate standard? Were specific tests not run? Did a doctor not read an x-ray report? Was an error made during an operation? Did a pharmacist not double-check the medication?

That Failure Caused Your Injury

What’s the connection between what the healthcare professional did or failed to do and your injury? The x-ray report suggested you may have a malignant tumor. Since it wasn’t read, you weren’t diagnosed until later, making your cancer treatment much more difficult and less likely to succeed.

You suffered an overdose of a drug you were mistakenly given, which caused you to pass out, fall, and suffer a head injury.

Your Injuries Caused Damages

Damages refer to the harm you suffered measured in dollars. You might have endured pain and suffering, missed work and lost wages, or had to pay additional medical bills. You might need future medical treatment to recover fully. All of these issues can be translated into financial compensation.

Evidence of your various financial damages can be your medical records, testimony by those involved, witness statements, copies of bills, videos, and photos. Medical experts can also provide critical evidence in how you were or were not appropriately treated. They can testify about the standard of care that should have been applied, how it wasn’t met, how you were injured, and how the injury impacts your life.

Get a Free Consult on a Possible Malpractice Claim

The Kemmy Law Firm is a family-run law firm with more than 50 years of combined experience and a history of success in New Mexico medical malpractice cases. We are here to fight for your rights and get you the compensation you deserve. We will dedicate our time and efforts to your case, using every resource available to obtain the best possible outcome.

Let us review your situation and explain your best options. Call us today at (575) 222-8549 to schedule your free consultation.

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Contact Kemmy Law Firm Today

(844) 334-4388 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.