What to Do If You Can Prove the 4 D’s of Malpractice

If you believe you can meet all four D’s of malpractice, your next call should be to a knowledgeable New Mexico medical malpractice lawyer. These claims are notoriously challenging to pursue. You are going up against a doctor who has experience with these types of cases and has a large, very well-funded insurance company and an experienced lawyer defending them. You need someone on your side who can improve your chances of getting the compensation you are rightfully due. Many of these cases require one or more experts to weigh in and provide testimony that supports your claim. At Poulos & Coates, LLP, our on-staff doctor and nurse will evaluate your case, help locate expert witnesses who can testify on your behalf, and ultimately prepare your case for trial.

WHAT ARE THE FOUR D’S OF NEGLIGENCE?

To successfully recover compensation for your medical malpractice claim, you must show the medical provider was negligent. You can achieve this by proving the four main negligence elements, commonly referred to as the four D’s of negligence or malpractice. These elements are duty, dereliction, direct, and damages.

What Are Compensatory Damages in a Medical Malpractice Case?

Aug 30, 2021 | By Greig Coates | Read Time: 3 minutes | Medical Malpractice

If a New Mexico doctor or medical practitioner harmed you or a loved one, you might have a valid medical malpractice claim.

If you pursue legal action, you may seek compensation for the damages you suffered.

But the types of compensatory damages you can claim will depend on the details of your case. Rest assured, however, that an experienced malpractice attorney will fight to get you the maximum possible damages.

The experienced New Mexico malpractice lawyers of Poulos & Coates, LLP., focus exclusively on this complex area of the law.

We put the sum of our experience and resources to work for you, fighting to maximize your compensation as much as possible.

What Are Compensatory Damages in a Medical Malpractice Case?[hide]

What Are Compensatory Damages?

The purpose of compensatory damages is to compensate injury victims for their physical, emotional, and financial harm. The point of these damages is to restore the victim to their pre-injury state as much as possible.

Although no settlement can undo the harm you sustained, a fair settlement can provide the financial stability you need.

After a severe malpractice injury, you need medical treatment and care. Depending on your injuries, you could face significant treatment costs—and you need a way to pay these costs.

If your injuries prevent you from working, you need a way to cover your rent or mortgage payments, pay the utilities and other bills, and put food on your table. If your family relies on your income, recovering damages becomes even more pressing.

When you recover compensatory damages in a medical malpractice settlement or award, you get the resources you need to get through the significant challenges you face.

What Is the Value of Your Medical Malpractice Compensatory Damage Claim?

Consulting an experienced attorney is the most reliable way to determine the potential value of your malpractice claim.

However, you could be entitled to some or all of the following:

Medical treatment costs to date;
Future medical treatment and care;
Lost wages and benefits to date;
Future lost income and benefits;
Emotional trauma; and
Pain and suffering.

If you sustained a permanent injury, scarring, or disability, your attorney can pursue compensation for those damages. You might also have the right to pursue damages for diminished quality of life and diminished earning capacity.

In most cases, malpractice attorneys can successfully negotiate a settlement with the doctor’s medical malpractice insurer. This resolution typically makes the most sense, as it gets you the funds you need as quickly as possible.

However, if the insurance company will not make a reasonable settlement offer, your lawyer can file a civil lawsuit and pursue your case in court.

Call us about your case so one of our attorneys at Poulos & Coates can get to work. Call now at 575-523-4444

Can You Seek Non-Compensatory Damages for Malpractice?

Whereas compensatory damages compensate the victim for actual costs, non-compensatory damages (aka punitive damages) punish the negligent medical practitioner.

Although many U.S. states prohibit the recovery of punitive damages in malpractice cases, New Mexico allows them. Also, New Mexico law places no cap or limit on the amount of punitive damages injury victims can seek.

To recover non-compensatory damages, you must demonstrate that the practitioner acted intentionally or with exceptional recklessness.

Proving this can pose a challenge. However, experienced medical malpractice attorneys understand how to document a case that might warrant punitive damages.

Contact a New Mexico Medical Malpractice Attorney Today

The experienced medical malpractice attorneys of Poulos & Coates, LLP., help New Mexico medical malpractice victims get the justice they deserve.

With our 70+ years of experience and highly personalized level of service, we help ensure the best possible outcome for you. We are experienced litigators. We do everything we can to negotiate a settlement on your behalf. However, we never hesitate to take your case to court, if necessary.

We offer a free consultation and case analysis. This helps you explore your options and provides the information you need to get your claim started. More importantly, you never owe us anything until and unless we win your case.

Contact us online or call (575) 523-4444 (toll-free: 1-888-478-5424) to schedule your consultation or to speak with a New Mexico medical malpractice lawyer regarding compensatory damages.

Greig Coates, M.D., J.D.

Over the last thirty years, Dr. Coates has successfully represented plaintiffs in every conceivable type of medical malpractice lawsuit–from single-physician cases to complex litigation involving over a dozen doctors and several hospitals. Dr. Coates has taken several thousand physician depositions in his career involving every known physician specialty and sub-specialty, and almost as many depositions involving hospital personnel such as nurses, techs, and administrators. He has tried several dozen cases to successful verdicts.