Being a medical doctor is a serious job–one that comes with many responsibilities. Physicians typically go into the profession to help those in need and treat the ill, but sometimes things don’t go as they should. Physician malpractice can happen for many reasons, and when it does, patients are often left worse off than the condition that caused them to seek care in the first place.
If you or a loved one has suffered harm at the hands of a negligent doctor, you may be entitled to financial recovery. Poulos and Coates, LLP, is ready to help you.
What Is Physician Malpractice?
Physician malpractice cases involve care by a physician where the doctor was negligent, or “failed to act as a reasonably prudent doctor”. This is the legal standard, which is an inquiry into how that doctor acted on the occasion in question. The law does not require us to show that the doctor intended the bad outcome, is a bad person, or usually provides poor care. That is not our charge, and that is not our intention. If a physician has caused you harm, do not hesitate to contact an experienced physician malpractice attorney in Las Cruces.
Examples of Physician Malpractice
Physician malpractice can occur in a variety of ways. Some of the most common kinds of physician malpractice include:
- Failing to timely diagnose,
- Misdiagnosing, or diagnosing the wrong condition,
- Performing a procedure incorrectly, such as a surgery or delivery,
- Performing the wrong surgery or procedure,
- Communication errors among healthcare team members,
- Failing to consult with the proper specialist physician,
- Failing to transfer the patient to a hospital with a higher level of care,
- Medication errors,
- And much more.
Physician malpractice happens more often than you may think. While some cases involve intentional acts by a doctor, most malpractice is a result of negligence. If you’ve experienced any of the above or you’ve suffered a severe injury from a treating physician, consult with a physician-error attorney in Las Cruces, NM.
Proving Negligence in a Physician Malpractice Case
To prove negligence, you must first satisfy certain elements. These include:
- The physician owed you a duty of care;
- The physician breached this duty of care;
- This breach caused harm or injury; and
- The injury resulted in damages.
Your physician malpractice attorney will review the details of your claim to ensure all elements are met.
Who Is Liable in a Physician Malpractice Claim?
Typically, the treating physician is held responsible for your injuries. However, in some instances, others may also be held liable, including:
- Staff, including nurses;
- The hospital, clinic, or treatment center; or
- Medical equipment manufacturers.
Who is held responsible for your injuries will depend on the facts of your particular case, and every case is different. Your attorney will need to investigate to help determine who is genuinely liable and then attempt to recover damages for your injuries.
Damages for Physician Malpractice in New Mexico
There are a variety of damages that may be available to you, depending on your claim. Damages in physician malpractice cases are directly related to your injuries and losses and serve to compensate you. Some of the damages you may be entitled to include:
- Medical expenses from the past,
- Future medical expenses,
- Lost wages,
- Pain and suffering,
- Mental and emotional anguish, and
- Loss of consortium.
Rest assured that your physician malpractice lawyer will calculate the appropriate damages for your claim and work diligently to get you the best possible outcome and compensation.
Statute of Limitations for Physician Malpractice Cases
While you may have suffered injuries due to a physician’s negligence and want to file a claim, you will not have forever to do so. Statutes of limitations exist to restrict the amount of time a plaintiff has to file their lawsuit.
In New Mexico, the statute of limitations for physician malpractice is three years from the date the malpractice occurred. So for example, if the malpractice happened on April 1, 2020, you would have until April 1, 2023, to file your claim. There are many exceptions to this rule, however; consultation with a medical malpractice attorney is strongly advised if you have any questions.
Failure to file your claim within the time provided will result in your claim being barred. Don’t forfeit your right, or your rights to compensation. Consult with a physician malpractice attorney in Las Cruces right away. The sooner you begin working on your claim, the better.
How a Physician Malpractice Lawyer Can Help
While you are not legally obligated to have an attorney represent you, it is truly in your best interest to have the help of a knowledgeable and proficient physician malpractice attorney. A lawyer will fight to protect your rights and get you the fairest possible compensation.
Your physician malpractice lawyer will handle your case from start to finish. They will perform every task necessary for a successful outcome, including:
- Conducting a thorough investigation;
- Interviewing witnesses and experts;
- Obtaining expert witnesses to review the merits of your case;
- Gathering relevant evidence;
- Calculating damages;
- Engaging in settlement negotiations; and
- Trying your lawsuit to a judge or jury.
Many cases settle outside of court, but we always prepare your case to go to trial. Your attorney will do everything necessary to prepare for trial and continue to represent you. A physician malpractice attorney is truly your best ally in this fight.
Consult with the Best Physician Malpractice Attorneys in Las Cruces, New Mexico
Poulos and Coates, LLP, has over 70 years of experience helping clients affected by physician malpractice. Our firm is the only law firm in New Mexico solely dedicated to medical malpractice cases. We have successfully represented numerous clients throughout our many years, with over $300 million in recoveries. Our firm understands the challenges you face, and we want to do everything we can to help get you on the road to recovery. Contact us today to begin working on your case.