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Emergency physicians have a distinct set of legal and professional obligations that differ from what’s expected of a general physician or surgeon. When they fail to meet these requirements, they may be responsible for violating accepted medical standards and liable for any medical malpractice that results. EMTALA Screening RequirementsFederal law imposes a baseline obligation on…

Medical malpractice is one of the leading causes of death in New Mexico. When negligent medical treatment results in a patient’s death, surviving family may have a wrongful death claim to hold healthcare providers accountable for substandard medical care.Wrongful Death Claims Involving Medical MalpracticeUnder the New Mexico Wrongful Death Act (NMSA §§ 41-2-1), surviving family members…

In many states, if you’re considering a medical malpractice claim, you may need to obtain a “certificate of merit” before you can move forward with a lawsuit against the relevant healthcare provider. A certificate of merit is a written statement, typically prepared by a qualified medical expert, confirming that a preliminary review of your case…

When medical malpractice involves a child, it can create emotional distress for the entire family. These cases present unique legal considerations that aren’t always an issue in adult malpractice claims. The Standard of Care Still Applies, But the Context ChangesJust as with any malpractice claim, a case involving a child requires proving that a provider…

Medical malpractice cases depend on expert witnesses. The scientific and technical information involved in medical treatment is too complex for most juries. Therefore, medical specialists are called upon to evaluate whether a provider’s care met the appropriate medical standards.Why Expert Witnesses Are NecessaryIn New Mexico, malpractice claims require proving that a provider’s care fell below…

In cancer treatment, a positive biopsy is not the end of the diagnostic process. After confirming that cancer is present, physicians must determine how far it has spread. That process is called “staging” (i.e., what stage cancer). Staging is of critical importance because it impacts all subsequent treatment decisions. When doctors fail to move through…

Medical mistakes can leave patients with worse health conditions than when they went in for treatment. Still, even when people strongly suspect something went wrong, many never formally report the error or speak with an attorney about their legal options.Patients frequently remain silent after medical errors because they fear confrontation, doubt whether malpractice occurred, or…

Patients often trust that the first doctor they see will correctly diagnose and treat their condition. In many situations, that trust is justified. However, medicine is not perfect, and doctors can make serious mistakes. In some cases, getting a second medical opinion may not only improve a patient’s health outcome — it may also uncover…