What types of damages are recoverable in a New Mexico medical malpractice lawsuit?
By harmonsonlaw on December 29th, 2021 in
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.
A medical malpractice lawsuit is one way that victims of these errors can begin their journey to recovery — through the compensation they deserve.
At Harmonson Law Firm, we are committed to helping our New Mexico 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, we are prepared to take on the responsible parties and fight for your rights in settlement or trial. Read on to learn the types of damages recoverable in a New Mexico medical malpractice suit. Medical Malpractice is when a health care professional doctor, nurse, or other healthcare professional fails to provide proper treatment under the accepted standard of care, resulting in anything from minor injuries to even loss of life.
In New Mexico, an injured patient has the right to file a civil suit for medical malpractice. Civil cases are when one person holds another person liable for some wrongful act or harm — so, in this case, the victim holds the individual medical professional, provider, or even hospital responsible for the injury.
The accused party may then settle the case, assume responsibility, and make a payment to the victim, or choose to go to trial. If found liable by the court, the accused party often has to pay monetary damages to the victim as compensation for their injury. Monetary damages include anything that falls under expense in terms of malpractice.
This could include:
- Bills for any medical procedure or treatment to help the patient heal
- Prescription costs to help with the healing process
- Medical equipment that could help the injured party heal
- Current wages the injured party cannot earn while injured
- Future wages the injured party may not be able to earn due to the effects of the injury
- Future medical bills for ongoing care to help the injury heal or in the case of a permanent disability
Non-economic damages are the less-traditional types of financial compensation that can be sought in a medical malpractice case.
These can include:
- Pain and suffering that the injury caused
- Embarrassment (of appearance or not being able to function the same way as before the injury)
- Loss of the ability to participate in daily activities like the injured party once could, such as buying groceries at the store or walking kids to school
- Costs to cover a funeral service if the injured party died due to their injuries
- Loss of companionship for any spouse or child of a person who passed away because of the injuries that they sustained
A victim may also ask for punitive damages when the healthcare professional’s conduct is either grossly negligent or so outlandish and reckless to qualify for an actual punishment. For example, if the healthcare professional’s actions seem as if they intend to cause harm to the patient, a victim may ask for punitive damages in their medical malpractice case.
Punitive damages could also be sought when a doctor works while under the influence.
In any of these cases, it’s vital to seek the service of a dedicated New Mexico medical malpractice attorney to help you file your claim and your lawsuit. Given the number of individual factors that can lead to a variety of damages, hiring an experienced New Mexico medical malpractice attorney is critical for your case. Not only can an attorney help fight for compensation with your case, but they can help determine what type of compensation your unique case deserves. The Harmonson Law Firm can help ensure you are appropriately compensated for damages that occur in medical malpractice in New Mexico.
Contact (575) 208-2572 for a free, confidential consultation.