In New Mexico, medical malpractice cases generally take longer to resolve than other types of personal injury claims. These cases often take a year or more, sometimes several years.
Two main factors drive this longer timeline: (1) the pre-lawsuit requirements involved, and (2) the heightened standard of care that requires expert testimony and persuasive evidence to establish. Additionally, the length of time it takes you to reach maximum medical improvement can play a role. In the event you were injured due to malpractice, contact our medical malpractice attorney in Las Cruces for legal help.
Pre-Lawsuit Requirements
Before most malpractice claims can even be filed in New Mexico court, they must first go through the Medical Review Commission. This process starts with a written application for review, followed by a hearing typically scheduled within 60 days of the application being submitted. Preparing for that hearing and securing expert input all take time.
Because this step generally has to be completed before your lawsuit is filed, it adds a substantial amount of time to the front end of your case, time that a typical personal injury claim simply doesn’t require.
The Heightened Standard of Care
Unlike a standard negligence claim, medical malpractice requires proving that a provider deviated from the accepted standard of care within their specific specialty, and that this deviation directly caused your injury. Meeting this standard requires specific types of testimony and evidence.
This heightened burden requires:
- Locating a qualified expert in the same or a similar specialty as the defendant
- A thorough review of complex medical records, often spanning multiple providers
- Persuasive testimony connecting the provider’s specific error to your injury
Building this kind of case takes considerable time since much of it depends on medical analysis rather than physical evidence like a police report or photographs.
Waiting to Reach Maximum Medical Improvement
Malpractice injuries often require extensive treatment. You may need to reach maximum medical improvement before you have a sense of your case’s value.
Maximum medical improvement refers to the point where your condition has stabilized, and your treating providers can reasonably project your future medical needs.
Until you reach this point, it’s often difficult to fully calculate:
- The total cost of past and future medical treatment
- Whether any impairment resulting from the malpractice is permanent
- The long-term impact on your ability to work and earn income
- The full scope of pain and suffering connected to your recovery
Resolving a case too early risks accepting compensation that doesn’t reflect your need for future treatment and the ongoing losses you may experience. Patience at this stage often serves your case.
Estimated Timeline for a New Mexico Malpractice Case
While every case is different, a general timeline often looks like this:
- Initial investigation and expert review: A few weeks to several months, depending on how quickly medical records can be obtained and reviewed/
- Medical Review Commission process: Several months from application to a final decision, including the hearing itself.
- Filing and discovery: Often a year or more.
- Settlement or trial: Additional months, depending on whether the case resolves through negotiation or proceeds to trial.
Taken together, these stages often mean a New Mexico malpractice case takes at least a year to resolve. Complex claims usually take much longer.
An experienced attorney can give you a more precise estimate based on the specific facts of your case and the provider involved. Your attorney can also keep your case moving along at an efficient pace without sacrificing the strength of your claim. Contact Coates & Johnson for a free consultation to learn more about your medical malpractice case.