Albuquerque Medical Malpractice Lawyer

Have You Suffered From Medical Malpractice in Albuquerque? At Goldberg & Loren, our team of experienced medical malpractice attorneys is here to fight for your rights. We are dedicated to getting you the justice and maximum compensation you deserve for the malpractice you have suffered.

By working with our Albuquerque medical malpractice attorneys, you can hold those responsible accountable and ensure that others are protected from similar harm in the future. Let us be your voice and advocate for your rights.

Contact us today at (505) 421-3698 to schedule a free consultation with our Albuquerque medical malpractice lawyers. Don't wait, take the first step towards getting the justice and compensation you deserve.

Overview of Albuquerque Medical Malpractice

Medical malpractice refers to the professional negligence of medical providers that leads to harm or injury to a patient. It occurs when a healthcare professional fails to meet the expected standards of care or medical procedures, resulting in injury, worsening of a medical condition, or even death.

Medical malpractice can happen in various settings, including hospitals, clinics, and nursing homes. However, not every negative outcome in medical care is necessarily a result of medical negligence.

Types of Medical Malpractice

When it comes to medical malpractice, there are various types of claims that can be addressed. Here are some common types of medical malpractice:

• Failed Diagnosis: Failure to diagnose critical conditions is a serious type of medical malpractice where a healthcare provider fails to appropriately detect and diagnose a severe health condition in a timely manner. This failure can lead to significant harm or even death to the patient.
• Delayed Diagnosis or Treatment: Delayed diagnosis or treatment occurs when there is a delay in correctly identifying the patient's condition or providing necessary medical treatment. This delay can result in the progression of the illness or injury.
• Misdiagnosis: Misdiagnosis is another type of medical malpractice that involves a healthcare provider inaccurately diagnosing a patient's condition. This can lead to unnecessary treatments, delayed or incorrect treatments, and worsening of the patient's health.
• Surgical Errors: Surgical errors are particularly alarming as they encompass a range of mistakes made during surgical procedures. These errors can include operating on the wrong body part, leaving surgical instruments inside the patient, nerve damage, and anesthesia errors.
• Birth Injuries: Birth injuries occur when medical professionals fail to provide appropriate care during childbirth, resulting in harm to the mother or baby. These injuries can range from mild to severe, including brain damage, paralysis, and even death.

These are just a few examples of the types of medical malpractice claims that can occur. Each case is unique and requires careful evaluation to determine the extent of negligence and subsequent harm caused to the patient. Our Albuquerque personal injury attorneys will take the time to examine your case and will determine all liable parties. 

Causes of Medical Malpractice in Albuquerque

Several contributing factors commonly identified as causes of medical malpractice include:

• Inadequate Training: Incompetence or insufficient training is a significant cause of medical malpractice. Physicians and other healthcare practitioners may lack the necessary skills or knowledge to accurately diagnose or treat a patient's condition, leading to errors and adverse outcomes.
• Fatigue: Fatigue is another factor that contributes to medical malpractice. Healthcare professionals often work long hours, leading to mental and physical exhaustion. Fatigue impairs cognitive function, attention, and reaction times, increasing the likelihood of mistakes, misdiagnosis, or prescription errors.
• Influence of Alcohol: On-the-job drug or alcohol use is a serious concern in medical malpractice cases. Substance abuse can impair judgment, coordination, and cognitive abilities, leading to errors in patient care. Healthcare professionals under the influence of drugs or alcohol may make incorrect diagnoses, administer incorrect dosages of medication, or even cause harm during surgical procedures.
• Poor Communication: Poor communication between healthcare providers also contributes to medical malpractice. Ineffective communication, such as incomplete or delayed sharing of information, can result in misdiagnosis, delayed treatment, or medication errors. Miscommunication can occur between different healthcare teams or between providers and patients, leading to preventable medical errors.
• Shortage of Staff: Staffing shortages within healthcare facilities can also contribute to medical malpractice. When healthcare teams are understaffed, providers may be overworked and unable to give each patient the necessary attention and care. This can result in mistakes, delays in treatment, and errors in medication administration.

Possible Liable Parties in an Albuquerque Medical Malpractice Case

When it comes to medical malpractice cases, there are several potentially liable parties that can be held accountable for the harm caused to a patient. These parties can include:

• Health Care Providers: Healthcare providers, including doctors and nurses, are often the primary parties held accountable for medical mistakes. These individuals have a duty to provide a certain standard of care to their patients and can be held liable for negligence if they breach this duty, resulting in harm or injury.
• Hospitals and Clinics: These entities have a responsibility to ensure their staff is properly trained and qualified, and they may be held liable if they fail to do so or if they engage in negligent hiring or supervision practices.
• Pharmaceutical Companies: If a medication or medical device that was manufactured or distributed by a pharmaceutical company causes harm or injury to a patient, the company may be held accountable for their actions.

When pursuing a medical malpractice case, it is important to consider all possible liable parties. This ensures that all responsible parties are held accountable and that victims receive the compensation they deserve.

Statute of Limitations for Medical Malpractice Claims in New Mexico

In Albuquerque, New Mexico, malpractice victims must file their claim within three years from the date of the alleged malpractice or from the discovery of the injury, whichever comes first. If the claim is not filed within this time frame, the court may dismiss it, and the individual may lose their right to seek fair compensation. §37-1-8

However, there are certain exceptions to this general rule. Minors who have been harmed by medical negligent actions have until their 21st birthday to file a valid claim, regardless of the date of the alleged malpractice. [1]

If a person is incapacitated or mentally incompetent at the time the malpractice occurs, the three-year time limit is tolled until they regain capacity. This means that they will have three years from the date they regain the capacity to file their medical negligence claim.

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Get a FREE Medical Malpractice Consultation Today

Hiring an Albuquerque medical malpractice attorney is essential for several reasons. 

Our Albuquerque malpractice attorneys:

• Are not afraid to take your case to court if necessary
• Build a strong legal strategy to present your claim effectively
• Diligently investigate the details of your case
• Ensure that you have a clear understanding of the progress of your case
• Ensure that you feel supported throughout the entire process
• Gather evidence
• Listen to your concerns and answer all your questions
• Understand the complex nature of medical malpractice cases and have the expertise to navigate through the legal process

We will vigorously pursue the compensation you deserve to cover:

• Emotional trauma
• Financial losses
• Lost wages
• Loss of enjoyment of life
• Medical expenses
• Pain and suffering

Contact us today for a free consultation and take the first step towards receiving the justice you deserve. You will pay nothing unless we win!

Source:

[1] Background to litigation - The MDU. (2020, January 15).https://www.themdu.com/guidance-and-advice/guides/background-to-litigation