Failing to Warn a Patient of Known Risks
There are varying levels of risk associated with any type of medical treatment, however, your doctor is bound by the "duty of informed consent," obligating them to warn you of any dangerous side effects associated with a procedure or type of treatment.
An example of failure to warn might include a doctor not informing you that a specific drug could worsen an existing health condition.
Who Can File a New Mexico Medical Malpractice Claim?
Anyone who believes their injury was caused by the failure of their doctor to competently treat them, can have possible grounds for a medical malpractice claim in New Mexico, but there are three important questions we typically review with our clients before your claim can be properly evaluated by a Keller & Keller attorney:
- Was There an Official Doctor-Patient Relationship?
One of the most critical aspects to any malpractice claim is proving that the doctor responsible for your injuries was officially treating you. In other words, we will need to provide proof that your doctor was knowingly hired by you and was treating you in a professional capacity.
- Was There Negligence on the Part of the Treating Doctor?
There is a large difference in perceived negligence and actual negligence with regard to medical malpractice claims. To have a valid claim, we will need to prove that your injury was caused by the treating doctor's specific mistake or error and could have been prevented had they exercised a competent level of skill and ability.
In addition to an act of negligence, you must also prove that the injury wasn't the side-effect of an already existing condition or illness.
- Are There Measurable Damages as a Result of the Negligence?
If you believe your doctor failed to meet an appropriate standard of care threshold, you must show signs or symptoms in one or more of the following ways:
Inability to Work or Earn a Living
Medical Malpractice Statute of Limitations in New Mexico
Time is yet another critical factor to the successful outcome of a medical malpractice claim.
New Mexico has specific time limits (statute of limitations) of which you must be aware. If you fail to abide by the statute of limitations, your right to recovery can be forever barred.
The statute of limitations for your case can depend on a number of factors, however, the safest way to determine the deadline dates for your particular claim is to speak to an experienced medical malpractice lawyer in New Mexico.
Contact Us for an Analysis of Your Malpractice Claim
To speak to one of our experienced injury attorneys, please call us at 1-800-253-5537, or if you prefer to write to us with the details of your medical malpractice claim, you can use our confidential, free contact form.
Our main office is located in downtown Albuquerque's Compass Bank Building, however, we can meet with you wherever is most convenient for you, including the hospital or your home.
Medical malpractice victims that have called us for help with their case live in cities throughout New Mexico, including Las Cruces, Santa Fe, Rio Ranch, Alamogordo, Roswell, Farmington, Clovis, Hobbs, Gallup, and Las Lunas, among many others.