What Is New Mexico Medical Malpractice Statute Limitations?
Like other types of personal injury cases, there are time limits on how long you have to file a medical malpractice claim. Learn more about the New Mexico Medical Malpractice Statute Limitations.
What Is New Mexico’s Medical Malpractice Statute of Limitations?
The area of medical malpractice is one that is complex in comparison to personal injury in general. In the state of New Mexico, there are very specific laws in place regarding the New Mexico Medical Malpractice Statute Limitations. The statute of limitations refers to the specific amount of time in which a person can file a medical malpractice lawsuit.
If you are planning on filing a medical malpractice lawsuit within the state, it’s important to hire a top-notch medical malpractice attorney in New Mexico. This lawyer has a slightly different level of understanding of these types of cases than that of a criminal defense attorney in Albuquerque, a personal injury attorney in Albuquerque, a wrongful death attorney in Albuquerque or an auto accident lawyer in Albuquerque.
How Long Is New Mexico’s Statute of Limitations for Malpractice Cases?
In New Mexico, the statute of limitations for bringing forth a medical malpractice case is three years. That means that the injured person has up to three years after their injury to file a lawsuit. If the case involves a child who was younger than 6 years old at the time when the injury occurred, the statute of limitations officially expires when the child turns 9.
In medical malpractice cases, it can be challenging to apply the statute of limitations because an injury can occur at one time but not be known until days, weeks, months or even years later. This is why it’s important to have a medical malpractice attorney from New Mexico representing you in this kind of case.
Are There Limits on Damages in New Mexico Medical Malpractice Statute Limitations?
The state of New Mexico has a set limit on how much a plaintiff can be awarded for a successful medical malpractice lawsuit. The limits apply to non-economic damages and some economic damages, including future medical bill payments. The cap on non-economic damages is $600,000 and includes compensation for pain and suffering, loss of consortium and other damages that come from medical malpractice issues.
The state also places a limit on the payment of future medical bills to the amounts that are incurred. That means the individual can only get compensation of an exact dollar amount instead of an estimated amount.
If you believe you have cause to file a medical malpractice case in Albuquerque, contact the Bowles Law Firm at your earliest convenience. CONTACT US HERERead More
New Mexico medical negligence is failing to practice ordinary care that a prudent and reasonable person would exercise in like circumstances. Malpractice is commonly called professional negligence. This type of negligence occurs when a licensed professional such as a doctor, lawyer or accountant fails to provide services that meet the “standard of care” of other professionals in their same field of expertise.
Proving Cases and Awarding Damages
Cases of negligence or malpractice are proven by showing one or more negligent acts or omissions, that caused an injury and damages to someone. Below are the four legal “elements” to proving professional malpractice:
- Duty: The professional had a duty or an obligation to the person.
- Breach: The professional breached this duty to the person.
- Causation: The injury sustained by the person was caused by and a direct result of this breach of duty.
- Damages: The damages are caused by the breach of duty.
New Mexico birthing malpractice
Statistics intimate that over 20,000 babies suffer birth injuries each year in New Mexico. In most fortunate cases, the damages are minor and the baby recovers completely; however, in complex cases, babies suffer severe injury and sometimes death.
Birth injuries are preventable in some cases. Some cases of birth injury involve medical negligence or medical malpractice. The most normal effects of birth injuries include incompetent prenatal care, unexplained prenatal complications, obstetrician errors, delivery errors. Though it is hard to put a dollar figure on an injury to a baby, and the process can be long and emotionally exhausting; sometimes, it is the only way to hold the negligent medical practitioner, doctor or medical facility accountable for the harm they have caused to you.
To put a figure on it, is important to get an array of experts including medical experts, mental health experts and economists to name just a few. Others are often required depending upon the situation. In short, these cases are difficult, complex and expensive to pursue. It is important to seek the guidance of an experienced medical negligence attorney. Winning cases of medical negligence in New Mexico requires experience and hard work. A good New Mexico medical malpractice lawyer is aware that the strengths of a medical malpractice case are commonly based on the medical records and the testimony of medical experts and witnesses.
A New Mexico medical negligence attorney has to determine other issues such as whether the defendant medical provider is a member of the New Mexico Patient Compensation Fund. Members of the act enjoy benefits that may restrict the way a claim is filed. Issues such as the statute of limitations and civil procedure vary depending on the medical provider’s status.
Medical malpractice actions must meet stringent requirements that include shortened limitations periods, expert affidavits, and other unique issues. Good medical malpractice lawyers in New Mexico are skilled in identifying and addressing all of these issues.
In conclusion, it is important to understand medical negligence and what you can do about these issues. Bowles Law Firm is committed to fighting for all clients. If you are seeking an attorney, contact Bowles Law Firm for a free case evaluation by clicking here.