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Helping New Mexico Personal Injury Victims Since 1975
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505 243-4541
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It is difficult enough to have to seek the professional services of a doctor or medical health provider, but when their actions result in further injury it is particularly difficult. In New Mexico, medical malpractice patients do have the right to bring action against the medical health provider and/or the facility to attempt to receive fair monetary compensation for their injury.
One of the most important and critical factors to your claim is if your health care provider is a member of the New Mexico Patient Compensation Fund. Your Albuquerque medical malpractice lawyer will determine this immediately as it does have implications as to your settlement, statute of limitations for filing the claim and the damage caps that may be in place if the medical professional is a member. Only by working with a trained and experienced medical negligence attorney in Albuquerque can these differences be clearly and accurately explained to you.
In general in New Mexico and specifically in cities such as Albuquerque, medical injury is defined the same as other states. It is an injury that is caused by a direct relationship between the actions, errors, omissions or substandard practices of a medical health provider while providing services for a patient. This can include misdiagnosing a condition, incorrect treatment, incorrect prescriptions and medications and even mistakes during surgery. One relatively common medical malpractice area is foreign objects left inside the patient during surgery.
Surgical results or treatment results that did not turn out as planned but were not a result of negligence or malpractice on the part of the doctor or health care provider are not grounds for a medical malpractice action.
An Albuquerque medical malpractice attorney can let you know if any comparative negligence is involved in your case. Comparative negligence occurs if something you did, as the patient, contributed to your injury in any way. In New Mexico, even if this has happened, you still have a right to a proportionate claim based on how much the medical health care providers actions contributed as well.
Since all of these factors are very challenging to determine, finding and consulting with a medical negligence attorney in Albuquerque will ensure you know your options and what you can reasonably expect from your claim.
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