Medical malpractice claims offer an important lifeline to patients who have suffered injuries due to negligent medical care. However, these claims are complex and require careful preparation and procedural steps before they can move forward.
If you suffered injuries due to substandard care in New Mexico, Coates & Johnson can help you understand your rights under medical malpractice law. We have decades of experience helping injured patients seek compensation for their injuries. Our medical malpractice attorney in Las Cruces can help you demand damages for all the harm you’ve suffered.
Contact us today to schedule a free consultation to discuss filing a medical malpractice claim in New Mexico.
Why Choose Coates & Johnson to Help File Your Malpractice Case?
Medical malpractice lawsuits are among the most demanding types of civil litigation. They involve complex elements, including a professional standard of care, and unique procedural steps that no other personal injury claims have. You deserve dedicated New Mexico medical malpractice lawyers to help you navigate your case.
Clients choose us to help them file their claims because:
- Our firm only takes medical negligence cases — and no other personal injury cases.
- We have filed and litigated thousands of malpractice claims involving hospitals, physicians, and other healthcare providers.
- One of our attorneys is also a physician, which allows our firm to analyze cases with unique medical and legal perspectives.
- We only take cases where there are serious injuries and clear violations of accepted medical standards (if we take your case, we believe you can win).
Contact us today to schedule a free case review with a New Mexico medical malpractice attorney.
Do I Need a Medical Malpractice Lawyer to Take Legal Action?
To establish a medical malpractice claim, you generally must prove a violation of the standard of care, meaning a healthcare provider failed to exercise the level of skill and care that other providers would have used under similar circumstances.
You must also show serious harm caused by that violation. An attorney can help with both requirements by:
- Reviewing medical records and consulting experts to determine whether the standard of care was violated.
- Gathering evidence showing how negligence caused injury.
- Handling filings, deadlines, and other legal requirements.
- Calculating damages such as medical costs, lost income, and long-term harm.
- Negotiating settlements and representing you in court if necessary.
Without an attorney, malpractice claims have much smaller chances of being successful.
Filing Requirements for Malpractice Cases in New Mexico
Medical malpractice cases in New Mexico often involve several procedural steps before a lawsuit can proceed in court. One important step involves the Medical Review Commission, commonly known as a panel hearing.
Medical malpractice claims against qualified health care providers must generally be submitted to the New Mexico Medical Review Commission before a lawsuit may be filed in court. The process begins with the filing of an application for review with the Commission, describing the alleged malpractice and identifying the provider involved.
The Commission assigns the claim to a review panel consisting of three attorneys and three health-care providers. The panel reviews medical records and evidence and may conduct a hearing. After deliberation, the panel determines whether there is substantial evidence that malpractice occurred and whether it caused the patient’s injury.
The panel’s decision is not binding and is not admissible as evidence in a subsequent court proceeding. However, the panel process must generally be completed before filing suit unless the parties stipulate to waive the review process.
Time Limits for Initiating a Claim
In New Mexico, medical malpractice cases must generally be filed within three years of the date of the injury. This time period usually begins on the date the malpractice occurred. If the malpractice resulted in a wrongful death, the statute of limitations generally begins on the date the patient died.
These time limits can vary, so it’s important to speak with a lawyer as soon as possible if you plan to file a malpractice claim.
Contact a New Mexico Medical Malpractice Attorney for Help Pursuing Your Case
Medical malpractice cases require attorneys who know the law, know the procedures, and know how to uncover medical negligence. Coates & Johnson only handles medical malpractice claims.
We’re ready to put our experience and track record behind you as we seek full compensation for the damages you’ve suffered due to malpractice. Contact us today to schedule a free consultation with a New Mexico medical malpractice attorney.