You should be able to trust medical professionals. After all, they receive extensive training and see a wide variety of patients daily. However, medical professionals are human and make mistakes. Sometimes these mistakes are accidents, and other times, the harm they do unto a person can be due to negligence. According to Johns Hopkins Medicine, medical error is the third highest cause of death in the United States.
If you or a loved one suffered as a result of medical malpractice, and you wish to take legal action against the responsible parties, contact Ben Crump Law, PLLC, and an Albuquerque medical malpractice lawyer can work with you to fight for your right to compensation. For more information or to discuss building a case, you can reach out to Ben Crump Law, PLLC at (800) 641-8998.
Duty of Care and Medical Malpractice
When you seek out advice and assistance from a medical professional, you want to know that your needs will be met. Doctors owe you a standard of care as well as a duty of care. Put another way, medical professionals must provide you with ordinary care within their means as well as a space in which you may comfortably seek treatment for what ails you. The failure to provide a patient with this kind of environment constitutes a violation of a medical professional’s duty of care.
If you wish to pursue a civil case against a practicing medical professional or affiliated institution, you must prove that the medical professional violated your implied duty of care and that the violation contributed to the bulk of the losses you faced afterward.
For a free legal consultation with a medical malpractice lawyer serving Albuquerque, call (800) 641-8998
Explaining Medical Malpractice
Once you go about proving a violation of the duty of care, however, your work continues. You must also present an understanding of medical malpractice and apply the term to your case accordingly.
Medical malpractice is an umbrella term for a wide variety of behaviors. Examples of medical malpractice include deliberate and unintentional negligence as well as medical errors, incorrect diagnoses, and surgical errors.
You have the option to file a civil suit in pursuit of compensation if you fall victim to medical malpractice, even if you happened to sign a waiver prior to seeking out medical treatment. An Albuquerque medical malpractice lawyer can work with you to determine how any paperwork you may have signed contributes to your case while also working to make it as easy as possible for you to focus on your recovery.
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How to Identify Medical Malpractice
While medical professionals are required to provide you with an ordinary standard and duty of care when you enter a hospital, there is never a guarantee that you will come away from the experience without complications.
Complications regarding your diagnosis do not qualify as medical malpractice. Comparatively, if a medical professional refuses to treat you for a curable illness, you have suffered medical malpractice.
When looking to identify medical malpractice, do not hesitate to take the motivations of the parties around you into account. You can also work with an Albuquerque medical malpractice lawyer to determine whether or not there may be any evidence to establish that medical malpractice contributed to your condition.
Examples of viable evidence in a civil suit detailing medical malpractice include:
- Your medical history
- Expert testimony from medical professionals
- Eyewitness accounts detailing your case in the hospital
- Any prior complaints brought against an attending medical professional
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How an Albuquerque Medical Malpractice Lawyer Can Help You After a Malpractice Incident
There is no one right way to address a case of medical malpractice. Your best options will depend on your individual circumstances that led to your case.
If you would rather not go to court, there are ways to possibly avoid it. For example, if you make it clear to a medical facility that you disapprove of their care and believe that their attempts to care for you caused your harm, you may receive a settlement offer. Settlement offers are designed to prevent parties from going to court while still providing you with the care you may need to get back on your feet.
If you wish to take legal matters into your own hands, you can compose one of the two following documents:
- Demand letter – To manage negotiations outside of the courtroom, you can include your evidence and estimate of your potential compensation in a demand letter delivered to a potentially-liable party.
- Complaint – If you would rather have a judge weigh in on your case, you can file a complaint with the same information within three years, according to New Mexico Statutes § 41-5-13.
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Estimating Your Compensation
When it comes to building a complaint or a demand letter, you will want to have an estimate of your potential compensation on hand. To come to this estimate, you will need to bring together your economic losses and your noneconomic losses.
Economic losses, such as medical bills, consist of costs that have receipts or actual, measurable losses affiliated with them. Non-economic losses, on the other hand, can include the cost of lost opportunities for employment, should a case of medical malpractice prevent you from seeking out work for an extended period of time. They can also include mental and emotional suffering.
Benefits of Working with an Albuquerque Medical Malpractice Lawyer
You do not have to pay for the services you benefit from while seeking out legal advice through Ben Crump Law, PLLC. We do not send you a bill unless you receive compensation for your losses.
So, with that in mind, why not reach out for a case consultation? Together with an Albuquerque medical malpractice lawyer, you can determine whether or not you can win back any losses related to the medical malpractice you suffered. You can also determine early on whether or not you want to go to court so you can get the proper paperwork to the proper parties within New Mexico’s statute of limitations.
For a free case consultation, call (800) 641-8998.
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