Looking For A Medical Malpractice Attorney In Albuquerque?
If you need a medical malpractice attorney in Albuquerque, read this page before you do anything else.
There are so many cases that we get to read about where the patient had to suffer because of wrong diagnosis and treatment – things such as a left leg being amputated instead of right leg, or wrong kidney operation, wrong eye operation or being treated for flu when it was something else.
The wrong treatment given by a medical practitioner because of his negligence is what we call Medical Malpractice. It could be failure to diagnose the disease, misdiagnosis of a disease, not providing the right treatment, or unreasonable delay in the treatment.
Claims can be made by you incase of the following three things:
* If the medical service provider failed his duty of care as a case of negligence, and for which other providers would have done something else under the same circumstances.
* If the wrong treatment had caused you loss or damage; be it physical, mental or monetary loss.
* If it is reasonable to hold the provider guilty, then he has to pay for the harm or damages caused by the wrong treatment.
Medical Malpractice Insurance
Most medical providers now have malpractice insurance. This way they are covered from any liability claims made by the patient. The cost of this insurance has risen after the growing number of claims made, and moreover, the reduced supply of the insurance coverage led to the loss of the insurers.
Usually the attorney of the patient makes the claims, and if the damages can be agreed, then the damages would be paid by the insurance company which has insured the medical provider. Otherwise, the attorney has to file a case in the court and based on interrogations, discoveries, and documents provided, the case will be settled.
Though almost all diseases come under medical malpractice, the five top most diseases that receive the highest monetary awards are:
1. Breast cancer
2. Lung cancer
3. Colorectal cancer
4. Heart attack
The allegations made are mostly for delayed diagnosis or improper testing. So as a result of the delay, the patient suffers severe complications which may sometimes lead to death. This is the reason why large monetary awards are related with these diseases.
There are several obstacles for you to overcome to successfully win the award. The first thing that you should know is that you should start the case before the statute of limitations runs out. In New Mexico, the statute of limitations for medical malpractice is generally three years from the date of the malpractice.
This is the time period under which the case should be filed, as in many areas compensation is not paid after the expiry of the time period.
The second obstacle for you is to prove that it was malpractice and not just a medical error as a result of side effects caused by drugs or surgeries. So do not let your case be proved a medical error, which is considered normal.
A patient comes to a medical professional to heal or treat an ailment. When the opposite happens, that the patient is injured or the situation worsens because of a mistake on the part of the health care provider, this is called medical malpractice.
Malpractice occurs when a doctor or a health care professional deviates from the standards which are accepted in the medical profession. It is mostly the doctor who has the final say in the procedure or treatment that a patient undergoes.
Once a medical practitioner veers away from the standard medical practice and it results to serious injuries or complications on the patient’s health, this is considered malpractice.
In cases where a medical practitioner is accused of malpractice, another health care professional is asked of the procedure that is applicable in the circumstances of the patient. He should have done what is expected of a practitioner who is under the same situation.
The worst case scenario is when a patient dies inadvertently due to the mistake on the part of the doctor.
What Qualifies As Medical Malpractice?
First, take a look at the mistakes which classify as medical malpractice:
1. injuries relating to birth
2. incorrect dosage and dispersal of medicine or error with prescription
3. incorrect or delayed diagnosis of an ailment
4. improper treatment
5. surgery mistakes
6. failure to refer to a medical specialist
7. health complications from anesthesiologists
8. improper procedures performed on emergency rooms
9. abuse of patients in nursing homes, children’s ward and other medical institutions
10. mistakes with the general treatment of a patient
There are cases where a healthy part of the body is removed because of incorrect diagnosis. A delay in the delivery of a baby may result to more serious complications.
More specifically, malpractice occurs when the medical professional neglects to perform his or her duties on a timely and efficient manner. Just like with any other aspect in our lives, negligence would always have negative results.
In the medical profession, there should be zero tolerance for negligence because people’s lives and their health are at stake.
Medical Malpractice Laws and Cases
The laws regarding malpractice in the United States may differ from state to state. They are changed from time to time and some laws may apply only to particular circumstances.
If you have a relative or a friend who may have suffered or died due to medical malpractice, then you may consult a lawyer in your state who specializes in such cases. Make sure that the lawyer that you will consult has an extensive experience in this field so that you will have the best legal support possible. You may also review past medical malpractice cases to learn more about
If you have a medical malpractice case, it would be difficult to immediately recognize whether you have a good or bad case against the health care professional.
Just like in criminal or corporate law, each case is unique and has its own downsides and merits. Your lawyer may need to work through all the details about the case.
Most of these cases are dragging and consumes a lot of your time and expenses. Talk with your lawyer before deciding to file a case. Most legal practitioners would first consider the financial and legal merits of your case before they formally proceed to court.
Medical malpractice is a growing problem in New Mexico. When filing a medical malpractice lawsuit, make sure that you have a lawyer on your side who will adequately defend your rights.
Hire An Experienced Medical Malpractice Attorney In Albuquerque
Bowles Law Firm is very experienced in handling medical malpractice cases.
Jason Bowles has handled cases for the past 16 years, in a wide variety of areas, both as a defense lawyer and for plaintiffs, individuals and families. Mr. Bowles has handled many cases of failure to diagnose, negligent operative care, negligent intubations, birthing malpractice, failure to monitor medical care, failure to monitor suicidal patients, and numerous others types of malpractice.
It is important in handling a medical malpractice case to have the medical records reviewed by competent and seasoned medical experts, whether that be physicians, nurses, psychiatrists or other experts. There are unique rules and regulations in these cases dealing with medical practitioners and it is important to retain a lawyer with significant experience. Mr. Bowles and the experienced staff at Bowles Law Firm stand ready to assist with all types of medical malpractice matters.