| Read Time: 2 minutes | Medical Malpractice
how to file a medical malpractice claim

If a medical professional whom you entrusted with your care has harmed you, we recognize how difficult this can be.

It can be even more arduous to determine how to file a lawsuit while you are trying to recover.

When learning how to file a medical malpractice claim, there are several steps involved in New Mexico.

At times, it can be complicated, but our medical malpractice lawyers at ​​Poulos & Coates can help you every step of the way.

Contact us today to get started. 

What Is Medical Malpractice?

Before you can understand how to file a medical malpractice lawsuit, you must know what medical malpractice is.

Medical malpractice arises when a healthcare provider’s actions have fallen below their required standard of care.

There are four elements to prove that medical malpractice occurred:

  • Your doctor owed a duty to you, the patient;
  • Your doctor violated their duty of care;
  • The doctor’s violation of their duty of care caused harm to you; and
  • You have a compensable injury.

Without any of these four elements, you will not be able to have a malpractice claim. It is crucial to realize that if the provider did not injure you, the provider cannot be held liable for malpractice.

In addition, a compensable injury can mean a physical injury or illness, but it is not limited to that. 

Causes of Medical Malpractice

There are several potential causes of medical malpractice for which you can file suit.

Some causes include a medical professional making an error in diagnosing you or failing to diagnose you at all. 

Another potential cause can be when a healthcare provider makes a critical mistake in treating you.

Examples of this could be providing you with the wrong medication or improper dosage. Other examples include surgical errors or failing to order the proper testing.

The Statute of Limitations 

How long do you have to file a medical malpractice lawsuit? The answer to this depends on the time frame specified in the statute of limitations.

In general, the New Mexico statute of limitations gives the injured party three years to file suit for medical malpractice.

This time begins to run on the date that the health care provider committed the mistake, not when you discover the error yourself. 

The Medical Review Commission 

Every person who brings suit for medical malpractice in New Mexico must have their claim reviewed by the New Mexico Medical Review Commission.

The panel in New Mexico requires six members. Three members will be healthcare professionals, and three will be licensed attorneys. 

How Our Medical Malpractice Lawyers Can Help

If you are looking for more information on how to file a medical malpractice lawsuit, the attorneys at Poulos & Coates can help.

We can answer any more questions you may have. Additionally, we have a physician and nurse on our team to evaluate your case. 

Our practice areas include physician malpractice, anesthesia malpractice, and many more.

Call us toll-free today at 1-888-478-5424 or contact us online to discuss your case further.

Author Photo

Victor Poulos

Vic Poulos & Greig Coates became law partners in April of 2002, when the two medical malpractice litigators merged their offices, combining what is now over seventy years of litigation experience, to form Poulos & Coates, LLP. Licensed to practice before all State Courts of Texas, New Mexico, Iowa, and Kansas. Licensed to practice before the United States District Courts of Kansas, Iowa, New Mexico, and Texas (Western, Eastern, Southern, and Northern Districts of Texas), as well as the United States Court of Appeals for the Fifth Circuit and the U.X. Ax Court.

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