New Mexico Medical Malpractice Lawyer

Harmonson Law Firm: A New Mexico Medical Malpractice Lawyer Dedicated to You

Medical malpractice occurs whenever a doctor, nurse, or other healthcare professional fails to provide proper treatment under the accepted standard of care. When medical practitioners act negligently, the consequences can be serious and far-reaching, often requiring unanticipated ongoing medical treatment, temporary or permanent inability to return to work, and severe emotional distress. CALL (915) 233-6427 – WE ARE HERE FOR YOU 24/7

In very grave cases, medical negligence can even result in death. At Harmonson Law Firm, our dedicated New Mexico medical malpractice attorney understands just how difficult it is to discover that a trusted medical provider has failed to carry out their duty to keep you or your loved one reasonably safe. We work hard to fight for the fair compensation our clients are owed after they are harmed by medical negligence. Whether your injuries were caused by carelessness, errors, or intentional misconduct, our firm can help you understand your options and work toward the recovery you need. Get in touch with us today to get started with a free case evaluation. Call (915) 233-6427 to learn more.

As an independent law firm, we are unable to accept every Medical Malpractice claim request. However, if you download and submit the form found below, we will review your claim and follow up with you promptly.

Download Our Medical Malpractice Pre-Intake Form Here

Las Cruces Medical Malpractice Laws

In 2021, the New Mexico legislature significantly improved the ability of New Mexicans injured by negligent doctors, hospitals, and other healthcare providers.  HB 75 was signed into law by Governor Michelle Lujan Grisham and significantly expanded New Mexicans’ ability to pursue medical malpractice claims.  The law, among other important provisions:

• Increased the caps on non-economic damages of independent qualified healthcare providers from $600,000 to $750,000; and
• Increased the caps on non-economic damages against hospitals and outpatient facilities like Mountainview Hospital and Memorial Medical Center (and their employed physicians and employees) to $4,000,000 in 2022 and rising to $6,000,000 in 2026 with an annual adjustment for inflation based on the Consumer Price Index (CPI) going forward.

Under certain circumstances, before you can file your medical malpractice claim in court, your attorney will file an application for review with the New Mexico Medical Review Commission if the healthcare provider is an independent (non-hospital employees) “qualified healthcare provider” under the New Mexico Medical Malpractice Act. This panel is made up of three members from the medical profession and three members from the State Bar. The application will include the details of the care for which you are alleging medical malpractice, along with authorization to obtain your medical records. Usually, within 60 days from the time the application is filed, a hearing will be held that will include opening statements, witness testimony, evidence, and documents. 

The goal of the panel is to determine whether substantial evidence has been presented that clearly shows medical malpractice occurred and whether there is a reasonable medical probability that malpractice resulted in injury to you. If the panel agrees with you, they will even help your lawyer find medical experts to testify on your behalf. Your medical malpractice lawsuit must be filed within three years of the time the medical malpractice occurred, regardless of when you discovered the injury stemming from medical malpractice. 

Medical Malpractice Statistics

Below are some statistics regarding medical malpractice claims from etactics.com.

• At least 10 percent of all deaths in the United States are the result of medical errors.
• Between 7,000 and 9,000 patients die each year from medication errors.
• About 12 million Americans have a medical condition misdiagnosed each year.
• More than 100,000 individuals in the U.S. die or are permanently disabled each and every year as a result of a misdiagnosis or delayed diagnosis.
• Forty percent of surgical errors result in serious injury or death to the patient. 
• More than 4,000 surgical errors occur each year with as many as 39 surgeries per week resulting in a surgical tool like a sponge being left inside the patient. In some cases, the mistake is caught, in others, it is not. 

Establishing Liability in a Las Cruces Medical Malpractice Claim

If you or your loved one were harmed by a mistake made by a healthcare provider, you may have grounds for legal action. However, in order to pursue a medical malpractice claim, it’s important to establish a few key points. To establish liability in a Las Cruces medical malpractice claim, you must establish four distinct elements. The first is the standard of care. This means that you must show that the medical professional acted in a way that deviated from the way another medical professional with similar training would have acted, given the same set of circumstances. This means that you must prove that a doctor, nurse, or other medical practitioner acted negligently in some way. It’s important that you are able to show that, had you received the same treatment from another competent healthcare professional, you would not have suffered the injuries you suffered.

Once you have established that there was a duty of care owed to you by the medical professional and that the duty of care was breached, you must then show that the breach of duty (the medical professional failed to act in a way that would adhere to the accepted standard of care) caused your injuries. If the breach of duty caused your injuries, you must finally show that those injuries resulted in financial and emotional losses to you and your family—i.e., you lost wages, you owe medical expenses, and you have pain and suffering that are all related to the medical malpractice incident. 

If your doctor provided outdated treatment no longer accepted as standard by most other competent healthcare practitioners, you may have a case for medical malpractice once you prove you were injured and those injuries were caused by the actions or inactions of your healthcare provider.