New Mexico Medical Malpractice Lawyer

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Have you or a loved one been a victim of medical malpractice in New Mexico? If so, our medical malpractice lawyers can help you obtain a claim.

When you are sick or injured, you trust your medical team to use their educational backgrounds, expert knowledge, and specialized skills to help you heal. Unfortunately, all too often, the trust we put in our doctors, nurses, other medical professionals, and hospitals is violated. Medical malpractice can occur in situations where a treatment mistake is made, a misdiagnosis occurs, or an error during surgery happens resulting in further injury.

No matter the reason, negligence, carelessness, or recklessness on the part of medical personnel can have devastating, life-changing, and even deadly consequences for patients and their families. If you believe that you or a loved one may have fallen victim to medical malpractice in New Mexico, we urge you to contact our attorneys today for a free consultation. We have helped many medical malpractice clients get the justice and compensation that they deserve.

Important Medical Malpractice Facts

Medical malpractice is, tragically, a relatively common occurrence within the United States. Experts estimate that over one million medical mistakes occur in our country on an annual basis, with more than 250,000 of these being fatal. It is a misconception that medical malpractice does not occur regularly in the United States- it is, in fact, the third leading cause of death in our country. Another common misconception about medical malpractice incidents is that they only happen within hospital environments. The scary truth is that about 38% of medical malpractice claims are from outpatients.

You may have grounds for a medical malpractice lawsuit if a member of your medical team made an error during diagnosis or treatment or acted recklessly or negligently in treating you. These incidents can leave victims suffering for years and have the potential to devastate lives. In many situations where medical malpractice may exist, victims have the right to obtain fair compensation. The best way to find out if you have a medical malpractice case is to consult with a qualified attorney who has experience fighting for the rights of medical malpractice victims.

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Free Consultation. Pay Only If You Win.

If you or a loved one has a related case, please fill out the form below to schedule a call.

Schedule your free consultation now

John Black Partner, Attorney at Law
Black Law Group PLLC
Santa Fe, SM
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Types of Medical Malpractice

Our lawyers have experience assisting medical malpractice victims in a wide variety of scenarios.

For example, we have fought on behalf of medical malpractice victims who have suffered from misdiagnosis. Misdiagnosis is an unfortunate event that can have serious consequences. In situations where misdiagnosis has occurred, many patients do not get the treatment that they require in a timely fashion, leading to rapid illness/disease progression, and even death.

We have also helped families who have been affected by birth injuries. Introducing a new baby into the world should always be a happy occasion filled with joy. Unfortunately, these joyous events can quickly turn tragic when a medical professional makes mistakes during pre-pregnancy screenings and check-ups or during the labor and delivery process. Birth injuries can have tragic consequences for newborns and their families.

Our team has also worked on cases related to mistakes made during surgery. Surgeons are given the important task of treating patients that are often unconscious and incredibly vulnerable. Surgical errors can include things like making inaccurate incisions, leaving surgical instruments inside a patient’s body, operating on the wrong body part, or providing too much or too little anesthesia. Errors made by surgeons and surgical staff can have serious repercussions for patients including injury, infection, illness, and trauma.

We also have experience helping patients who have become victims of medication errors. Patients are sometimes given too much or too little medication, or in some cases, the wrong medication entirely. Other times, patients are not monitored sufficiently after being administered or prescribed medication. These incidents are usually due to mistakes made by doctors, nurses, and other medical professionals, and they can have devastating, life-changing impacts on the lives of patients.

Consequences of Medical Malpractice

The consequences that arise from medical negligence and medical errors can be devastating to patients and their families. Our clients have been affected in many ways after experiencing medical malpractice.

Following incidents of medical malpractice, many patients experience immense physical suffering, for example. Infections are a common consequence of medical malpractice and can be caused by things like unsterile equipment, medication errors, and surgical errors. Some victims sustain serious physical injuries to major organs, the brain or spine, or other body parts. The incidents that cause physical injuries like these are often related to medication dosing errors, surgical mistakes, and improper patient monitoring. The physical repercussions of medical malpractice can be devastating and have the potential to change a patient’s quality of life completely. In the most tragic of circumstances, the physical consequences of medical malpractice can be fatal and leave families and loved ones with grief and emotional wounds that last forever.

We have seen many medical malpractice clients suffer devastating emotional and mental trauma after falling victim to medical malpractice. In these situations, people may experience distress, anxiety, fear, or PTSD.

Medical malpractice victims suffer not only physical and emotional consequences but are often left with economic repercussions as well. These can come in the form of medical bills or lost income from being unable to return to work.

New Mexico Medical Malpractice Frequently Asked Questions (FAQ)
What if I am partially at fault for my injuries? Can I still sue?
Yes, you can still sue if you are partially at fault for your injuries. There are some situations in which patients may bear partial responsibility for injuries and illness experienced after an incident of medical malpractice. This may occur, for example, in scenarios where a patient does not carefully adhere to post-operative care instructions. Depending on the specific details of the case, the patient may be held partially responsible for resulting injuries and illness. However, this does not mean that medical malpractice did not occur. The state of New Mexico allows damages to be awarded in proportion to the level of fault. Therefore, if it is determined that a doctor, medical professional, hospital, or other party is partially responsible for your injuries and illness, and you are partially responsible for your injuries and illness, you will receive compensation that reflects your level of fault.
If I signed a form prior to my medical procedure or treatment, have I forfeited the right to take legal action?
No. You can still file a medical malpractice lawsuit even if you signed consent forms at a hospital, doctor’s office, or other facility. Medical personnel must be held accountable for their mistakes and negligence. Any document that you sign in a medical setting establishes “informed consent.” This means that, if the doctor provided any treatment not outlined in the form, if the risks & side effects were not made perfectly clear to you, or if you were not able to properly consent at the time of signing, a medical malpractice suit may be pursued. Medical professionals are not released from all liability because of consent forms.
How much can I expect to get in compensation?
Every medical malpractice case is unique, and the differences in compensation and settlements reflects this. The exact amount that you will receive is dependent on the specifics of your case, including medical expenses, severity of your injuries, and overall impact on your life.
Is there a cap on the amount of damages I can receive?
Yes. In the state of New Mexico, the total cap for a medical malpractice case is $600,000. This means that a victim may receive a total of $600,000 excluding necessary current and future medical care. Further, each healthcare provider that is found guilty in a medical malpractice case can pay a maximum of $200,000. The New Mexico Patient Compensation Fund is responsible for paying damages beyond that.
Will I have to go to court?
We advise our clients to be prepared to go to court. About 90% of medical malpractice cases settle outside of court, and while we will do our best to help you avoid the lengthy and difficult trial process, we cannot guarantee that you will not have to go to court.

Liability and Fault in Medical Malpractice Cases

Determining which parties can and should be held accountable in cases of medical malpractice is often a complex task best completed by a qualified medical malpractice attorney who knows and understands the laws, processes, and procedures at play. Our team of medical malpractice lawyers always conducts a thorough investigation into the details of every case to ensure that we hold everyone liable that deserves to be held liable. Parties that are commonly named as defendants in medical malpractice cases include:

  • Doctors
  • Nurses
  • Hospitals or medical practices
  • Nursing homes or other residential facilities
  • Dentists, dental assistants, and dental hygienists
  • Physical therapists
  • Medical device manufacturers

This is by no means an exhaustive list, and we have certainly worked on cases where we have determined that additional parties were at fault. We urge you to contact our legal team to go over the specific details that will affect establishing liability in your case.

New Mexico Medical Malpractice

While medical malpractice cases within the United States share many similar defining characteristics, there are several important aspects of a medical malpractice case that are determined by state laws and regulations. Among these are the statute of limitations laws and specifics of the filing process.

If you wish to file a medical malpractice lawsuit in the state of New Mexico, you need to understand the statute of limitations that has been put into place. This important rule states that your lawsuit must be filed within three years of the date that the incident of medical malpractice occurred. The only exception to this important rule is in situations where the person injured was a minor child under the age of six years. In these situations, families have until the child’s ninth birthday to file a medical malpractice lawsuit.

Another important aspect of medical malpractice lawsuits in New Mexico is the first step in the filing process. This significant first step requires plaintiffs to first file an Application for Review, which requests that the New Mexico Medical Review Commission look at the details and evidence of the case. During this stage, the medical panel which is made up of lawyers and medical professionals, reviews initial evidence and circumstances of the case and holds a hearing where it makes a recommendation about whether sufficient evidence exists to move the case forward. Regardless of the decision, the case can proceed within the court system after the New Mexico Medical Review Commission weighs in. If, however, the panel determines that medical malpractice most likely occurred, the Commission usually lends support to the plaintiff’s legal team during the negotiation, settlement, and trial process.

Recover the Compensation You Deserve

Throughout our many years of fighting for the rights of medical malpractice victims, we have obtained large settlements to help our clients move forward and rebuild their lives. We will do the same for you and your family. Every medical malpractice case has its own unique set of circumstances and will impact the damages we seek to recover. Examples of some of the damages we may attempt to recover include:

  • Medical expenses including additional hospital stays, surgeries, doctors’ visits, therapy, rehabilitation, etc. following the incident of medical malpractice. In some situations, this may take into account estimated future medical expenses.
  • Lost income and lost wages in situations where the victim missed work due to illnesses or injuries stemming from the incident of medical malpractice.
  • Pain and suffering. This encompasses both physical and mental/emotional pain and suffering. Damages related to pain and suffering are always more difficult to quantify but are important to fight for because they include the important distress and anguish endured by medical malpractice victims.
  • Funeral expenses, in cases where a death occurs due to medical malpractice.

Our Process

Our process has been carefully refined over the course of many years and is designed to put our clients first. We want you to understand that the medical malpractice system and process can be complicated, and your case may be lengthy and difficult to endure. However, with the expertise, knowledge, and compassion of our legal team on your side, you will be in the best hands possible.

The first step we take with any potential medical malpractice client is to conduct a detailed case evaluation, which allows us to get to understand and know the details of your case, answer any of your questions, and advise you on appropriate next steps. This consultation is completely free to you.

The next step in the process is to investigate and build a strong case. Our team will gather evidence, including medical records and witness testimony, and work to prove causation, meaning that we will show a direct link between the malpractice incident and the harm caused to you.

If we can negotiate a settlement after conducting a thorough investigation, we will do so but we will only do this if we feel that the compensation reflects the best interest of our client. If we need to go to court to recover maximum fair compensation for our client, we are prepared to do so.

Our Commitment to Clients

We are committed to serving you with empathy, compassion, and our characteristic client-centered approach. Throughout the difficult legal process, we will remain your staunch advocates, always representing your best interests every step of the way.

More Information

Some location-specific medical malpractice content can be found in the links below:

John Black

Partner, Black Law Group

About John Black

John is a trial lawyer whose practice focuses on helping those that have been harmed by individuals and corporations. His practice includes nationwide representation of those gravely injured whether by toxic substances, pharmaceuticals, medical devices or the negligence of others. He has been recognized as a Super Lawyer for each of the past six years, and is experienced in catastrophic single-event cases and complex, multi-district litigation.

Law Firm Information
Firm: Black Law Group PLLC
Address: 505 Cerrillos Road
Suite A209
Santa Fe, NM 87501
Phone: 1.800.391.0227
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