Albuquerque Medical Malpractice Attorneys

James Wood Law Is Prepared for Success

If you've been injured because of negligence by a doctor or hospital, then you need to contact our award-winning injury firm as soon as possible. James Wood Law has won millions of dollars on behalf of our clients and we can assist you in recovering compensation. Our attorneys have been top-rated by Martindale-Hubbell® and the National Association of Trial Lawyers, so you can trust our legal counsel.

Understanding Medical Malpractice in New Mexico

Medical malpractice is a form of negligence that occurs when a healthcare provider deviates from the accepted standard of care, resulting in an injury to the patient. In New Mexico, medical malpractice claims are governed by state laws and regulations which require victims to prove that their injuries were caused by negligent behavior on behalf of a doctor or other healthcare professional. 

If successful, the injured patient may be able to recover compensation for medical bills, lost wages, pain and suffering, and more. A medical malpractice attorney in Albuquerque can help you understand your rights as a victim and assist you in seeking justice for any wrongs committed against you.

Medical Malpractice vs. Medical Negligence

Medical negligence and medical malpractice are both terms used to describe the failure of a healthcare provider to provide adequate care. However, it is when negligence leads to the injury or death of a patient that it becomes malpractice. This is an important distinction between them. 

Medical negligence occurs when a doctor fails to act with reasonable care, but does not necessarily involve any intent or malicious action on their part. On the other hand, medical malpractice involves intentional acts of misconduct by a healthcare professional which directly lead to harm for the patient. To prove your malpractice case, you will also need to prove that the doctor knowingly deviated from the healthcare industry's established standard of care. 

In either case, it’s important that victims understand their rights so they can seek justice and receive fair compensation for any injuries suffered due to medical negligence or malpractice.

Common Types of Medical Malpractice

Medical malpractice is a serious form of negligence that happens all too frequently. According to a report released by HealthGrades, a healthcare quality company, an average of 200,000 Americans die yearly due to medical malpractice. Institute of Medicine statistics reveal that medical malpractice usually occurs in midsize and large hospitals, but can occur in any type of healthcare facility.

There are several types of medical malpractice, these include but are not limited to:

The types of medical malpractice injuries listed above are just a few cases we have seen through our years as a personal injury firm. All of the aforementioned scenarios can qualify for a claim. If you are interested in filing a claim for the medical malpractice injury you sustained, it is crucial that you are informed of all legal requirements and restrictions.

Common Causes of Medical Malpractice

By its definition, medical malpractice results from preventable errors that reasonably would not have happened if another medical provider had been in the same situation.

Some of the most common causes include:

• Fatigue: Medical professionals often work long hours, which causes exhaustion and lapses in judgment.
• Breakdowns in communication: Miscommunication between doctors, nurses, or lab technicians can lead to errors in diagnosis or treatment.
• Understaffing: Hospitals with inadequate staff may overlook important details or fail to provide proper care to patients in need.
• Poor training or supervision: Healthcare providers who lack proper training or are improperly supervised may make critical errors that jeopardize patient safety.
• Failure to follow established procedures: Deviating from medical protocols can result in adverse outcomes for patients that otherwise would not have happened.

How Our Medical Malpractice Attorneys Can Assist You

If you have suffered an injury due to the negligence of a doctor or other healthcare professional, then it is important that you seek legal help. A medical malpractice lawyer in Albuquerque can provide vital assistance to individuals who have been harmed by medical errors and can offer guidance on how best to pursue compensation for their injuries. 

An experienced attorney will be able to review your case and determine if there are any grounds for a claim against the responsible party. They can evaluate all the evidence, such as medical records and witness statements, and advise you on your rights under state law. In addition, they can represent you in court if necessary and work towards obtaining fair compensation for your injuries.

Damages in a Medical Malpractice Case

If you’ve been a victim of medical malpractice, you may be entitled to pursue financial compensation for your losses. Our goal is to carefully calculate all the damages owed to you, so we can pursue every last penny that should be provided to you by the liable party or parties.

We help clients pursue a variety of damages in medical malpractice cases, including:

• Economic damages: Medical expenses such as hospital bills, surgeries, rehabilitation, and future care needs. Lost wages are also considered economic damages if you were unable to work due to your injuries, as is a diminished earning capacity if you can no longer return to your previous role or salary.
• Non-economic damages: Pain and suffering endured as a result of the malpractice, emotional distress (depression, anxiety, or trauma), and loss of enjoyment of life if your injuries have impacted daily activities or relationships are three common types of non-economic damages.
• Punitive damages: In cases of gross negligence, a court might approve of punitive damages, which punish the healthcare provider for particularly reckless or intentional misconduct. However, punitive damages in medical malpractice cases are rare, so they might not apply to your case.

Contact Us Today for a Free Consultation

An Albuquerque medical malpractice attorney at our firm can help gather vital information and guide you to making the best informed decision for your situation. Please do not hesitate to contact us if you believe you were the victim of medical malpractice or you have sustained an injury from your procedure or stay in a hospital.