Medical malpractice attorneys are a type of personal injury lawyer that specifically focus on medical negligence cases. These cases often require attorneys with dedicated experience in medical malpractice law, which has different requirements and evidence demands than general personal injury cases.
Here is what a medical malpractice lawyer in Las Cruces does:
Evaluating Whether a Case Exists
A malpractice attorney’s first job is to determine whether an injured patient has a viable claim against their medical provider. Your lawyer will be responsible for obtaining and reviewing the patient’s medical records, identifying what went wrong, and consulting with a qualified medical expert to assess whether the provider provided substandard care.
Not every bad patient result constitutes malpractice, and not every error generates enough damages to generate a worthy legal claim. A malpractice attorney screens cases early to protect the client from investing time in a claim that won’t succeed and to ensure the firm’s own resources are directed toward meritorious.
Managing Pre-Suit Requirements
New Mexico requires every malpractice claim against a qualified healthcare provider to be submitted to the New Mexico Medical Review Commission before a lawsuit can be filed in court. This process involves preparing and filing an application with the commission, coordinating the review of the patient’s medical records, and presenting evidence and testimony before a panel that evaluates whether substantial evidence of malpractice exists.
A malpractice attorney manages this entire process on your behalf and ensures your claim complies with all procedural requirements.
Building the Medical and Financial Case
Once a claim clears the pre-suit hurdles, the attorney will then build the the case by gathering evidence and retaining expert witnesses who can testify whether the provider’s conduct deviated from the standard of care for the patient’s treatment.
To prove damages, the attorney will works with financial and medical experts to analyze the lifetime financial impact of the injury. These projections cover future medical costs, lost earning capacity, and the cost of any ongoing care or assistance the patient will need. Demanding an adequate amount for these numbers is the most important part of a damages demand. Once a claim settles or resolves in court, you will not be able to ask for more money.
Litigating the Case
Malpractice cases that don’t settle proceed through discovery, depositions, and eventually trial. The attorney is in charge of the exchange of documents and records, deposing the defendant and their expert witnesses, prepares the plaintiff’s experts for testimony, and handles every motion and procedural dispute involved in the case.
At trial, the attorney will presents complex medical evidence to the jury, often with the assistance of the plaintiff’s expert. The attorney will also cross-examines the defense experts and argues for compensation that accounts for the full scope of the patient’s losses. Malpractice trials can be lengthy, often take many days, or in some cases weeks, to complete.
Reach Out to a Malpractice Attorney for Help
If you believe a healthcare provider’s negligence caused your injury, you should consult with an attorney who dedicates their practice to malpractice cases specifically. Reach out to Coates & Johnson to schedule a free consultation to learn more about your case.