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 915-584-8777 – 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 (575) 208-2572 to learn more.
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.
Examples of medical malpractice include, but are certainly not limited to the following:
- Infant Brain Damage
- Birth errors/injuries
- Anesthesia errors
- Failure to diagnose
- Delayed treatment
- Surgical errors
- Transportation without consent
- Experimental therapy
- Extravasation/burn injuries
- Foreign object/surgical sponge retention
- Lab errors
- Incorrect dosage/overdose
- Inadequate medication
- Drug reaction complications
- Improper treatment
- Intentional misconduct
- Bed sores/pressure ulcers
Medical malpractice often has serious implications, including life-long health issues, permanently disabling injuries, and death. It’s important to remember that, when such instances occur, it is not your fault. Healthcare professionals have a duty to provide proper care and keep their patients reasonably safe from harm. If they fail to do so, you shouldn’t have to suffer alone.
Clark Harmonson is especially proud of the work he has done representing the families of infants who suffered catastrophic brain damage after a delayed c-section and delivery.
Despite our blind faith in trusting hospitals as a source of healing, treatment, and care, this trust is not always warranted as many patients fall victim to hospital negligence, leaving them in worse condition than ever before. Unfortunately, hospital negligence is a rising epidemic throughout the United States and shows no signs of slowing down. Hospitals are supposed to be a safe haven for injured or ill patients, protecting them from harm at their most vulnerable. When a hospital causes or worsens your injury, it can and must be held liable for its physicians, nurses, emergency room doctors, radiologists, anesthesiologists, and other health professionals.
Combating these injustices and wrongdoings is best accomplished with the guidance and advocacy of a Las Cruces hospital negligence attorney with the experience and skill you can rely on, such as ours at Harmonson Law Firm.
- Slips, Trips, & Falls–Because patients are in a weakened state, they are very likely to suffer from slip and fall injuries, especially when a hospital and its staff do not take the necessary protective precautions. They may occur as a result of external factors such as wet floors, a lack of patient assistance, inadequate railings, and other hazards. Falls from hospital beds or wheelchairs are also extremely dangerous though preventable by properly securing and monitoring the patient.
- Anesthesia Errors–If the patient is given too much or too little anesthesia, he or she is likely to suffer irreparable damages. A common form of negligence is when anesthesiologists failed to properly monitor and recognize complications before it is too late.
- Misdiagnosis & Delayed Diagnosis–Countless individuals have suffered for longer than they should have at the hands of a medical professional who fails to adequately diagnose a patient in a timely manner. The general rule when determining responsibility under the circumstances is to compare your doctor’s care to that of any other professional with the same level of training and equal access to the information. If another doctor would not reasonably make the same mistake, this may be considered negligence. However, this cannot be distinguished as such if your conditions or symptoms presented themselves in extraordinary ways.
- Surgical Errors–Surgery is one of the most crucial aspects of a patient’s healing, which is why surgical errors are so devastating when they occur. Patients may suffer from the consequences of a lack of care before, during, or after the surgery. Other illustrations of how debilitating these errors include failure to control bleeding, failure to monitor a patient’s vital signs, and other unsafe procedures which cause severe and often permanent damage.
How to Choose the Best Medical Malpractice Lawyer for You
Choosing a Las Cruces medical malpractice lawyer may feel like an overwhelming task at a time when you are already dealing with injuries resulting from a medical professional’s bad judgment. At Harmonson Law Firm, we understand your anxiety and stress and will work hard to take some of the burdens from you. Attorneys Clark Harmonson and Hadley Huchton have significant experience in medical malpractice cases, which is a highly specialized area. Clark, Hadley, and the team at Harmonson Law Firm will always go above and beyond to help you through this difficult time, ensuring that you receive a medical malpractice settlement that fully covers your injuries and damages.
We believe that you will benefit from our highly personalized service, along with the fact that we offer every benefit of a larger firm. Some individuals ask co-workers, family members, or friends for a referral, while others research medical malpractice lawyers online. While we know that you have many choices, we believe you will see that the Harmonson Law Firm is the right firm for you with one visit.
How the Harmonson Law Firm Will Help—Helping Good People Injured in Bad Accidents
At Harmonson Law Firm, we are committed to helping our clients fight for the just compensation they are owed after medical negligence leaves them injured or their loved ones killed. No matter how complex or difficult your case is, we are prepared to take on the responsible parties and fight for your rights in settlement or trial.
Our New Mexico medical malpractice attorney has an Avvo Rating of 10.0 Superb (a service of Avvo, Inc.) and, with more than 13 years of legal experience, understands how to navigate the complicated legal process involved in these types of cases. Call our firm today at 575-208-2572 to learn more about how we can help you. We offer our legal services on a contingency fee basis, so you don’t have to worry about legal costs unless we’ve recovered compensation on your behalf. Our contingency fees are computed before the deduction of case expenses.
What sets the Harmonson Law Firm apart is the level of commitment to each and every client as well as how we treat our clients—with dignity and respect. When you choose Harmonson Law Firm, you are never just another number or a revenue goal. We will meticulously build a medical malpractice claim on your behalf, always with the goal of getting you the best settlement possible. We are among only a handful of lawyers in the area that take medical malpractice claims and we get excellent results for our clients. Contact Harmonson Law Firm today.