Medical Malpractice Attorneys in Hobbs, NM

Our Lawyers Will Identify Who’s Responsible

When it comes to medical malpractice claims, it is challenging to figure out what went wrong and who is responsible. It also is important to determine if the party directly at fault for the harm you have suffered is the person who should compensate you. If a company employs the medical professional, that business may be responsible for providing the compensation for their employee’s errors.

Potentially liable parties include: a physician or other medical professional; a medical group; a hospital or other medical facility; a medical tech company; or a larger company that engages in healthcare services, like a nationwide pharmacy or hospital staffing company.

Our medical malpractice lawyers always conduct a thorough investigation into your injury. We work with medical experts to closely review your medical records. We investigate the medical professional and facility’s backgrounds. We talk with any witnesses who are willing to speak with us. We take a deep dive into your case and gather as much evidence as possible regarding what went wrong.

Once we have a strong understanding of what happened and who is responsible, we will move forward with your claim. If the medical professional is not a qualified healthcare provider, we may recommend filing suit right away. However, if the professional is a qualified healthcare provider, we must follow the process set out in the New Mexico Medical Practice Act.

We tend to encourage filing medical malpractice lawsuits as soon as possible so we can utilize discovery. The information we obtain during the discovery process can further our understanding of who is liable for your injuries and give us additional evidence to support your claim.

Medical Malpractice Damage Caps

If the medical professional who caused you harm is a qualified healthcare professional under the Act, then the damages you can receive are capped at $600,000. This cap does not include past and future medical care or punitive damages, though.

Additionally, the healthcare provider’s specific liability is limited to $200,000. The rest of your medical malpractice compensation would be paid from the New Mexico Patient Compensation Fund.

Medical Malpractice Settlements

Many medical malpractice claims are resolved through pre-trial settlements. We strongly recommend working closely with a lawyer and medical expert before accepting a settlement.

Accepting a settlement may be your goal. However, you need the amount to cover not only the expenses and financial losses you have already incurred but also your future medical expenses and financial losses. If you need further medical care, work with a medical expert to estimate the cost of your appointments, medications, and treatments. If you cannot return to your old job, you will need to work with a vocational expert and economists to calculate your lost future income.

Many cases are best resolved by settlement. However, sometimes the only way to ensure accountability, to make sure this doesn’t happen to someone else, and to receive fair compensation is through trial. The decision about whether to settle or proceed to trial is ultimately yours, and we know it can be a difficult decision to make. However, at the Kemmy Law Firm, our decades of experience in representing medical malpractice clients help us give you the quality expert recommendation you need to decide what is the best way forward for your case.

Medical Malpractice Claims

Medical malpractice claims have to follow a certain process if the New Mexico Medical Malpractice Act applies. Because a specific law governs the process of most medical malpractice claims, it critical you work with a trial attorney who has experience with New Mexico medical malpractice law.

Failing to work with an injury attorney with a deep understanding of and experience with the Act can lead to preventable legal mistakes and delays in your case.

Kemmy Law Firm will guide you through:

• Investigating your medical injury to determine if a medical professional violated basic standards for patient safety.
• Identifying the liable medical professional or business.
• Hiring medical and other experts to evaluate and support your claim.
• Determining if the medical professional is qualified under the Act by contacting the Medical Review Commission.
• If the liable party is a qualified healthcare provider under the Act, submitting a complaint to the Commission.
• Representing you at the Commission hearing before a panel of three health care providers and three State Bar members.
• Reviewing the panel’s non-binding decision regarding whether it is probable that medical negligence occurred and injured you.
• Filing a medical malpractice lawsuit following the panel’s decision, or right away, if the professional is not a qualified healthcare provider.
• Negotiating a settlement with the medical professional and insurance provider.
• If the case does not settle, we are fully capable of trying your medical malpractice case to a jury and protecting any verdict you receive on appeal.

Medical Malpractice Statute of Limitations in NM

New Mexico gives you three years from the date of the medical negligence to file a lawsuit.

If your claim is covered by the Act, then there is no provision that grants you more time to discover your injury. If the medical professional is a qualified health provider, you have three years. That’s it. However, if the law does not apply, then you may have more than three years to file based on the discovery rule.

Also, under the Act, a minor who is younger than six years old has until their ninth birthday to file. In the case of a birth injury, the parent or child has nine years to decide to file.

There also is another limitation. If the medical provider is employed by the state or the hospital or facility is considered a government entity, then you must file within two years of the date of the malpractice.