Unfortunately, medical errors are common.
Some of these errors do not cause significant harm, while others result in a patient’s death.
Many of these medical errors rise to the level of medical negligence and a medical malpractice lawsuit against the responsible parties.
Studies show that medical errors are now the third leading cause of death in the United States.
If you are searching online for How do I report a doctor for bad care?
Here are some helpful tips on reporting suspected malpractice.
If you suspect medical malpractice, it’s crucial to report the incident and contact a Las Cruces medical malpractice lawyer right away.
The attorneys at Poulos & Coates, LLP, have a long history of successfully resolving medical malpractice cases in New Mexico.
To learn more about how we can help you, contact our office today to schedule a consultation.
Filing a Claim with the New Mexico Medical Review Commission
Under New Mexico law, you must file an application with the New Mexico Medical Review Commission before proceeding with a malpractice lawsuit.
Under the Medical Malpractice Act of 1976, the law mandates screening of all allegations first.
Three-panel members from the medical profession and three panelists from the State Bar will review new applications.
Your application must contain specific information, such as an authorization to obtain the patient’s medical records, which will need to be reviewed.
You must provide in-depth information about your treatment, including treatment dates, providers involved, and what the action (or inaction) was that you believe amounts to medical malpractice.
Previously, the New Mexico Medical Review Commission held hearings in person within 60 days of your application.
However, due to the pandemic, these hearings will take place via Zoom until further notice.
After hearing all evidence and testimony, the panel deliberates and answers questions on a secret ballot:
- Is there substantial evidence of malpractice?
- Is there a reasonable medical probability that the patient’s injuries resulted from malpractice?
Other Actions to Take When You Suspect Malpractice
Start by finding another doctor who can review your situation and help you get the treatment you need.
Your health should be your first priority, which means correcting the medical error if possible.
Your new doctor will likely need to review your records and run more tests before giving you a diagnosis.
If the alleged malpractice is about a misdiagnosis, the new provider will concentrate on starting a treatment regimen.
If the malpractice involves an error, they will begin treating the complications caused by the first provider’s actions.
You should always request a copy of your medical records no matter what happens as they play an important role in your case. You want to get your documents as soon as possible.
These records can help prove whether you are the victim of medical malpractice.
It’s wise to keep a journal throughout your journey.
You should be writing down notes on your symptoms and how medical malpractice has affected your life:
- Are you losing time from work for treatment?
- Are you unable to partake in hobbies you previously enjoyed?
Your attorney can use this information to start collecting evidence and building your case.
Contact a New Mexico Medical Malpractice Lawyer
Working with an attorney is crucial in a suspected medical malpractice case.
You need someone with the skills and experience necessary to protect your rights and prove negligence against the responsible parties.
It’s best if you speak with an attorney early on, rather than contact the negligent parties yourself.
The team at Poulos & Coates, LLP, is here to assist you. We work on medical malpractice cases every day, so you know you’re getting the best representation possible.
We have litigated malpractice cases against hospitals, doctors, drug manufacturers, nurses, medical device manufacturers, and more.
Don’t attempt to take on the negligent parties on your own. Let our skilled team of attorneys help you.
Contact Poulos & Coates, LLP, today to schedule an initial consultation and learn more about how we can assist you in a New Mexico medical malpractice case.
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.
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