Medical malpractice lawsuits are a type of personal injury claim. But they require additional elements and procedures to be successful.
Most medical malpractice cases begin with an investigation into what occurred. The attorney gathers medical records, imaging studies, laboratory results, physician notes, and treatment timelines to evaluate whether negligent medical care may have occurred.
The lawyer will often consult qualified medical experts to determine:
- Whether the provider violated the standard of care
- Whether the violation caused injury
- Whether the harm likely could have been prevented
- The extent of damages a patient has experienced
If the evidence supports a malpractice claim, the lawyer will likely move forward with a lawsuit. This lawsuit may name a single provider as a defendant or multiple providers, depending on the circumstances.
Pre-Lawsuit Filing Procedures
Before a lawsuit can proceed, an attorney must first present a malpractice claim to the New Mexico Medical Review Commission. The Commission reviews evidence from both sides and issues a nonbinding opinion regarding whether malpractice likely occurred.
The review process generally involves:
- Submission of medical records and evidence
- Expert review of the care provided
- Written statements from the parties
- A hearing before the Commission
Although the Commission’s decision is not final or binding, it can significantly affect how the case proceeds. Failing to comply with these procedural requirements can potentially jeopardize a claim.
The Discovery Process and Hearings
After the lawsuit begins, the parties enter a stage called discovery. During discovery, both sides exchange information and gather evidence.
This process may involve:
- Written questions called interrogatories
- Requests for documents
- Depositions of doctors, nurses, patients, and witnesses
- Independent medical evaluations
- Expert witness disclosures
Medical malpractice discovery can take substantial time because the records and medical issues are usually extensive (including hundreds of pages of medical documents). Attorneys for both sides may also file motions and be responsible for other court appearances.
Settlement Negotiations and Trial
Throughout the litigation process, settlement negotiations may occur. Some cases resolve before trial through negotiated settlements. Others proceed all the way to trial if the parties cannot agree on liability and damages.
If the case goes to trial, the parties will engage in a process called jury selection before the trial formally begins.
Once the trial commences, both sides present evidence, expert testimony, and arguments before a judge or jury. Expert testimony is one of the most important phases of trial as each side asks medical specialists to provide opinions on whether malpractice occurred.
If a claim is successful, medical malpractice damages may include:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Disability
- Wrongful death damages in fatal cases
The timeline of a malpractice lawsuit varies considerably depending on the complexity of the case. Some cases resolve in months, while others may take several years to fully conclude.
If you are wondering what to expect from the medical malpractice process, an experienced medical malpractice attorney can help you understand your rights. Call Coates & Johnson, PLLC, for a free consultation.