Medical malpractice cases follow a more structured process than most personal injury claims, with additional procedural steps built in to screen and evaluate claims before they ever reach a courtroom.
Most medical negligence claims follow a predictable path:
Initial Case Evaluation
Before filing anything, a Las Cruces medical malpractice attorney will typically review your medical records and consult with a qualified medical expert to determine whether your case has merit.
Pre-Suit Requirements in New Mexico
Before filing a medical malpractice lawsuit in New Mexico state court, most claims must first go through the New Mexico Medical Review Commission. This requirement applies to claims against “qualified independent providers,” meaning individual healthcare providers or business entities that aren’t hospitals or outpatient facilities and have opted into coverage under the Act.
To begin this process, your attorney submits a written application for review to the commission, which includes details of your treatment, the alleged act of malpractice, and authorization to access your medical records.
A panel made up of healthcare providers and attorneys then reviews the evidence at a hearing and issues an opinion on whether substantial evidence supports your claim. This requirement doesn’t apply to hospitals or most outpatient healthcare facilities. The patient and provider can mutually agree to waive the panel process.
Filing the Complaint
Once any pre-suit requirements are satisfied, your attorney will file a formal complaint with the court, outlining the allegations against the provider and the damages you’re seeking. The defendant then has an opportunity to respond.
Discovery
During discovery, both sides exchange evidence, including medical records, expert reports, and witness testimony. This stage often includes depositions, where witnesses answer questions about the alleged malpractice incident and injuries under oath.
Depositions and testimony of medical experts are an important feature of discovery in medical malpractice cases. Here, the expert(s) will provide analysis of whether the healthcare provider met the relevant standard of care and assess the damages suffered by the patient-plaintiff.
Discovery is typically the longest phase of a malpractice lawsuit, often taking a year or more to complete given the volume of medical evidence involved.
Settlement Negotiations
Many malpractice cases settle before trial once both sides have a clear picture of the evidence. Settlement discussions can happen at various points throughout the case. They often intensify after discovery, once both parties understand the strengths and weaknesses of their respective positions.
Trial
If a case doesn’t settle, it proceeds to trial, where both sides present evidence and expert testimony to a judge or jury. Expert witnesses are called to explain the standard of care, the alleged breach, and causation since these elements require specialized medical knowledge that jurors typically don’t have on their own. Both sides usually call their own experts to testify, and much of the trial often centers on which expert’s explanation of the medical evidence the jury finds more credible.
Why the Process Takes Time
Because of the additional pre-suit requirements, the reliance on expert testimony, and the volume of medical evidence typically involved, malpractice cases generally take longer to resolve than standard personal injury claims. An experienced malpractice attorney from Coates & Johnson PLLC can help you navigate each stage of this process and build the strongest possible case for injury compensation.