Successfully pursuing a medical malpractice claim requires more than showing you were harmed during medical treatment. You must prove four distinct legal elements, and falling short on any one of them can prevent you from recovering compensation.
1. Duty of Care
The first element requires establishing that a healthcare provider owed you a duty of care. A legal duty is generally created the moment a formal provider-patient relationship begins, whether through a scheduled appointment, an emergency room visit, or a referral to a specialist.
2. Breach of the Standard of Care
Once a duty is established, you must show the provider breached the applicable standard of care, meaning they failed to act as a reasonably competent provider in the same specialty would have acted under similar circumstances.
Common examples of breach include:
- Misdiagnosis or delayed diagnosis of a condition that a competent provider should have identified
- Surgical errors, including operating on the wrong site or leaving foreign objects inside a patient
- Medication errors, such as prescribing the wrong drug or dosage
- Failure to obtain informed consent before a procedure
This element generally requires expert testimony. A qualified medical expert must review your records and testify that the provider’s actions or omissions fell below what the medical community considers acceptable practice.
3. Causation
Proving that a healthcare provider breached the standard of care is not enough by itself. You must also establish causation. First, the provider’s conduct must be an actual cause of the injury, meaning the harm would not have occurred without the negligent act or omission.
Second, the breach must be reasonably connected to the injury as a significant link. The provider’s negligence does not have to be the only cause or the cause closest in time to the injury. (This may matter in cases involving preexisting conditions). It is enough if the negligence combined with another cause to produce the harm.
Defense attorneys frequently argue that a patient’s outcome resulted from an underlying illness or a known risk of the procedure, rather than the provider’s error. Expert testimony is necessary to draw a clear line between the provider’s conduct and your specific injury.
4. Damages
Finally, you must demonstrate that the provider’s breach resulted in measurable damages. In other words, the malpractice must result in meaningful harm. Otherwise, it is not actionable.
Damages in a malpractice case can include:
- Additional medical expenses required to treat the resulting injury
- Lost wages or diminished earning capacity
- Pain and suffering connected to the malpractice itself
- Wrongful death damages, in cases resulting in a patient’s death
New Mexico does cap damages in malpractice cases.
Contact a New Mexico Medical Malpractice Lawyer Today
Medical malpractice cases require strong evidence and a clear connection between the provider’s negligence and the resulting harm.
Coates & Johnson can investigate what happened, consult appropriate medical experts, and pursue the compensation available under New Mexico law. If you believe negligent medical care caused serious harm to you or a loved one, contact us today to discuss your case and legal options.