In New Mexico, medical malpractice is defined as a failure by a medical professional to provide a high standard of care. The American Medical Association identifies the standard of care for patients and any doctors who fail to uphold this standard are in violation of the law. When a patient is injured during a procedure or is misdiagnosed, he or she has the right to file a claim against the doctor. If you were injured due to negligent actions by a doctor, it is in your best interests to hire a Medical Malpractice Attorney in Albuquerque NM to represent you.
Common Malpractice Concepts
In a medical malpractice, the victim is accusing the doctor of a misdiagnosis of a disease. A failure to diagnose the condition at a treatable level is also classified as malpractice. Any failure to provide adequate medical treatment or delays in treatment for avoidable reasons are also considered malpractice. If you have a viable medical-malpractice case, you should consult a Medical Malpractice Attorney in Albuquerque NM.
A victim can file a lawsuit against any medical professional for malpractice. This is not limited to physicians who treat physical impairments. It includes psychiatric doctors and counsels as well. Additionally, the victim has a three-year window to file a lawsuit. The statute of limitation begins on the day of the accident.
In New Mexico, damages for these cases are limited to $600,000. However, any award that exceeds $200,000 is typically placed within a compensation fund for the victim. Alternately, any victim who has been compensated by other means is not eligible for further monetary damages. This includes compensation from the victim’s insurance carrier.
When a victim files a medical malpractice lawsuit, each doctor who is at fault is listed. In these cases, each defendant is responsible individually for these failures. This implies that they are all equally liable for the monetary damages awarded to the victim. If either defendant dies prior to compensating the victim fully, the co-defendant is liable for the entire settlement. If you are the victim of unethical behaviors by doctors, you should contact a Medical Malpractice Attorney today to fight against this injustice. For more information, visit Carter & Valle Law Firm, P.C.