Medical Malpractice in Albuquerque
Medical malpractice can take many forms. Almost any type of medical mistake could be considered malpractice, depending on the details of your case. However, some medical errors occur more often than others.
Many birth injuries are seen in court for medical malpractice. This includes both injuries to the newborn and the mother. Examples of common birth injuries that warrant a medical malpractice claim include:
- Erb’s palsy
- Cerebral palsy
- Caput succedaneum
- Fetal asphyxia
- Postpartum hemorrhage
- Vaginal tearing
- Uterine rupture
Mistakes during surgery are also more common than you might have thought. Some examples of surgical errors you might sue for include:
- Operating on the wrong body part
- Operating on the wrong person
- Leaving an instrument in a body cavity
- Severing a nerve or tendon
- Accidental incisions
Medication mistakes can be made by both healthcare providers and those who work in pharmacies. Medicine errors could refer to a problem with the medication itself or improper dosage. Mistakes like these can be made by:
- Those ordering medications
- Those administering medications
- Those who put together your prescription medications
Mistakes made while under anesthesia can be life-threatening. The most common anesthesia errors seen in civil court include:
- Prolonged sedation
- Anesthesia dosage errors
- Failure to recognize anesthesia problems
- Failure to treat anesthesia problems
- Delayed delivery
- Inadequate patient history
- Refusal to intubate
- Turning off monitoring equipment
- Failure to monitor the patient after surgery
- Drug swaps
- Administering too much or too little anesthesia
How to Win an Albuquerque Medical Malpractice Claim
If you hope to recover compensation in an Albuquerque medical malpractice lawsuit, your attorney must be able to prove that your provider breached their duty of care. The medical duty of care holds healthcare providers to a higher standard.
Here’s how it works: if your healthcare provider made a medical mistake that another healthcare provider of similar training, education, and experience would not, then you may have grounds for a medical malpractice lawsuit.
Your attorney will need to examine the details of your case carefully. This is to establish that a breach of the medical standard of care occurred. Your medical records, photographs of your injuries, expert testimony, and any witness statements could all be essential evidence to help support your case.
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Damages for Medical Errors
Every medical malpractice claim is unique, and what you can expect will depend on your circumstances. Generally, you may be entitled to compensation for the losses you experienced as a result. This includes your economic (financial) damages and non-economic damages.
Your economic losses may include your:
- Costs of current medical expenses and equipment
- Costs of future medical expenses and equipment
- Loss of income
- Diminished earning capacity
Non-economic damages describe the various ways in which your malpractice injuries have impacted your life. Some of the economic damages you could seek in a Bernalillo County medical malpractice claim are:
- Physical pain & suffering
- Loss of enjoyment of life
- Loss of consortium
- Costs of childcare
- Household maintenance costs
There is also a chance that you could be awarded punitive damages. These are awarded rarely and are meant to deter others from future similar acts of medical negligence. The courts can only determine that you are entitled to an award of punitive damages under specific conditions. They will need to find that the actions of the defense were deplorable or egregious.
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Albuquerque Medical Malpractice FAQ
You deserve answers and the chance to hold negligent medical providers accountable for the harm they caused you. At Begum & Cowen, Injury & Accident Lawyers, we will explain the process and can handle every aspect of your malpractice claim so you can get back to your life. Here are answers to some commonly asked medical negligence questions, but if you need help, call our offices for a free, no-risk consultation.
What is informed consent?
Your healthcare provider must inform you of the treatment you’re receiving, the potential risks, and the side effects. After you have been informed, you give your consent for the treatment. This is informed consent. And it is important to keep in mind as you move forward because many healthcare providers will hide their medical mistakes behind a patient’s informed consent.
How long do I have to file a medical malpractice lawsuit?
Under New Mexico law, you will have three years from the date that your injuries occurred to get your lawsuit filed. If your medical malpractice claim isn’t filed before the three-year limit, you will no longer have the right to seek compensation through a civil claim. To ensure the statute of limitations doesn’t impact your civil claim, make sure to have your case handled by a medical malpractice attorney in Albuquerque, NM.
Who can I sue for a medical mistake?
Many different parties could have contributed to your injuries. Some of the parties who could be named as negligent in your lawsuit include:
You can also hold hospitals and other healthcare facilities liable if negligent practices breached their obligation to you.
Contact a Medical Malpractice Lawyer in Albuquerque
Did your trusted healthcare provider let you down? Are you unsure of where to turn for help? Reach out to a medical malpractice lawyer in Albuquerque for help with your claim. At Begum & Cowen Injury & Accident Lawyers, we have the resources, training, and experience that you need.
We aren’t afraid to battle the insurance company in court and work to secure maximum compensation for your suffering. Schedule a free, no-obligation Consultation at (505) 900-0000 or complete our contact form, and we will be in touch to discuss the specific details of your case. We take medical malpractice claims on a contingency basis, so you’ll pay no up-front costs. We’re paid only after you receive compensation.