Patients entrust medical providers with their health and, in many cases, their lives. However, sometimes, medical providers make mistakes so severe that they cause a patient’s death. If you lost a loved one due to negligent medical care, you may have a wrongful death claim under New Mexico law.
A Las Cruces wrongful death lawyer at Coates & Johnson can help your family investigate what happened and seek accountability and financial stability for your loss. We have decades of experience helping families navigate fatal medical malpractice claims. We can help you get justice. Contact us today to schedule a free consultation to learn more about your rights.
Why Families in Las Cruces Trust Coates & Johnson With Medical Malpractice Wrongful Death Cases
Medical malpractice cases are complex. Wrongful death claims involving medical negligence are even more so. You deserve a legal team that provides compassionate client service while putting the full weight of its experience and resources into getting justice for your loved one’s death.
Families across Las Cruces, New Mexico, trust us with their wrongful death cases because:
- We only handle medical malpractice and wrongful death claims.
- Our legal team has handled thousands of malpractice cases involving every kind of harm and every type of defendant.
- One of our founding trial lawyers is also a physician and understands how medical errors can lead to fatalities.
- Our partners oversee all cases and provide representation to all clients we take on.
- We offer contingency fees and free case reviews.
We know you’re facing an unimaginable loss. We can help you uncover the truth about what happened and hold the at-fault parties liable for their negligence. Contact our firm today to speak with a Las Cruces medical malpractice attorney.
Why You Should Hire an Attorney for a Medical Malpractice Wrongful Death Claim
Wrongful death claims based on medical malpractice are highly technical. They require expert testimony to prove how a medical provider deviated from medical standards and caused a fatal injury. They also require complex financial calculations to evaluate what surviving family members have lost in the wake of their loved one’s death. Having an experienced attorney is critical for proving both parts of your case.
A lawyer may assist your family by:
- Conducting a detailed investigation into the medical care your loved one received
- Scrutinizing hospital records, physician documentation, and treatment history for mistakes
- Consulting qualified medical experts to identify substandard care decisions
- Locating all healthcare providers and institutions that were part of the treatment that led to your loved one’s death
- Calculating your family’s full financial and emotional losses caused by the wrongful death
- Handling all communications and negotiations with insurers and defense attorneys
- Filing a wrongful death lawsuit and preparing the case for trial to get justice
Your attorney will handle all aspects of your case and allow your family to focus on grieving and supporting one another during this difficult time. Reach out to our team today to learn more about how we can assist you.
Overview of Wrongful Death Caused by Medical Malpractice
A wrongful death occurs when a person dies because of another party’s negligence. In the context of healthcare, wrongful death cases involve medical treatment that failed to meet the accepted medical standard of care and caused a patient’s death.
Under New Mexico law, wrongful death cases can arise from many types of negligent medical care, including:
- Failure to diagnose or delayed diagnosis
- Surgical errors or complications
- Medication errors
- Birth injuries
- Emergency room errors
- Anesthesia mistakes during medical procedures
- Failure to monitor a patient’s condition
If your loved one would have had the right to file a medical malpractice claim had they survived, you may be able to pursue a wrongful death lawsuit.
Who May File a Wrongful Death Claim in New Mexico
New Mexico law restricts who may file a wrongful death lawsuit after a fatal incident. Typically, the claim is brought by a personal representative of the deceased person’s estate, on behalf of the surviving family members.
The compensation recovered through a wrongful death claim is typically distributed to surviving relatives, such as:
- The spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Other eligible family members under state law
This requirement adds another step in malpractice claims that already require numerous procedural hurdles. An experienced attorney can help you navigate the filing requirements and initiate legal action as quickly as possible.
What Compensation Is Available to Surviving Family Members After a Wrongful Death?
A wrongful death claim allows families to pursue compensation for both financial and personal losses caused by the death of a loved one. Damages in a medical malpractice wrongful death case may include compensation for:
- Medical expenses related to the final illness or injury
- Funeral and burial expenses
- Loss of the deceased person’s income and financial support
- Loss of future earnings and benefits
- Loss of companionship, care, and guidance
- Emotional suffering experienced by surviving family members
In addition to a wrongful death claim, the deceased person’s estate may also pursue a survival claim for damages the individual suffered before their death.
Time Limits for Filing a Medical Malpractice Wrongful Death Claim
New Mexico law sets strict deadlines for filing wrongful death lawsuits. In most cases, families must initiate a wrongful death claim within three years of the date of the death.
There are few exceptions to this deadline. If you fail to file within the time limit, you may lose your right to recover compensation in court. An experienced medical malpractice attorney can determine the deadlines that apply to your claim.
Speak With a Las Cruces Medical Malpractice Wrongful Death Lawyer
No legal claim can undo the loss of a loved one. However, pursuing a wrongful death case can provide financial stability for your family and hold negligent healthcare providers accountable for the harm they caused.
Coates & Johnson firm has decades of experience investigating fatal medical errors and pursuing justice for grieving families. Contact us today to schedule a free consultation with a medical malpractice lawyer in Las Cruces to discuss your case.