Medical Malpractice Lawyer
- Law Office Of Todd J. Bullion
- Medical Malpractice Lawyer
As a medical malpractice attorney I understand the overwhelming challenges faced by individuals who have suffered injuries or lost a family member due to the negligence of medical professionals, hospitals, home health aides or other healthcare personnel. You are not alone in this journey. Our firm is here to assist you. Todd Bullion will personally handle your case from beginning to end.
While we understand that nothing can undo the harm you have experienced we will fight to right the wrongs you have suffered to the fullest extent the law allows. If you sustained injuries due to the negligence of a medical professional call Todd Bullion at 505-494-4656 to schedule a free consultation. We look forward to providing you with assistance.
Understanding Medical Malpractice in New Mexico
Do I Have a Medical Malpractice Case in New Mexico?
Determining if you have a valid medical malpractice claim involves several crucial factors. In New Mexico, you may have a viable medical malpractice lawsuit if, as part of your claim, all
The healthcare provider made a medical error during your treatment that fell below the standard of care.
Medical professionals are expected to adhere to recognized medical standards. This standard of care, accepted by the medical profession, dictates that treatments by healthcare professionals must be consistent with those provided by similarly skilled professionals under comparable circumstances. If this standard is not met, it can be considered negligence.
The failure to follow the standard of care directly caused or worsened your injury.
To have a viable medical malpractice case, it's not enough for a healthcare professional to have failed in meeting the standard of care; the patient must also prove that this failure directly caused an injury. An adverse outcome alone does not constitute malpractice. The patient must demonstrate that the negligence resulted in harm that would not have occurred otherwise.
Your damages are severe enough to make it worthwhile to file a medical malpractice lawsuit.
Medical malpractice claims are costly to pursue, often requiring extensive expert testimony and exhaustive depositions. For these cases to be worth pursuing, the patient must prove that substantial damages resulted from the injury caused by medical negligence. Viable claims typically involve considerable disability, loss of income, severe pain, suffering, hardship, or significant medical costs—past and future.
The medical malpractice that caused your damages occurred within the last three years.
New Mexico law requires that lawsuits be brought within three years of the date of occurrence of the medical malpractice. There are limited exceptions to this rule. If your
Types of Medical Malpractice Claims
Medical malpractice can take many forms. While any act that falls below the standard of care and causes injury is medical malpractice here are some examples of specific types of medical negligence that might lead to a lawsuit:
- Failure to diagnose or misdiagnosis
- Cancer misdiagnosis
- Stroke misdiagnosis
- Delays in medical diagnosis and treatment
- Birth injuries
- Surgical errors
- Improper medication or dosage
- Premature discharge
- Disregarding or not taking appropriate patient history
- Failure to order proper testing
- Misreading or ignoring laboratory results
Damage Caps for Medical Malpractice Lawsuits in New Mexico
New Mexico recently amended its medical malpractice laws to increase damage caps for compensatory damages in most cases. Medical errors occurring before January 1, 2022 are generally subject to a damages cap of $600,000 except for expenses for past and future medical care and punitive damages. In many cases such as when a patient suffers an amputation, suffers lifelong injury that will not get better, is in extreme pain, or loses their life these capped damages were fundamentally unfair.
For malpractice occurring after January 1, 2022 damage caps function differently depending on the type of healthcare provider committed the act of medical malpractice which turns on statutory definitions. Hospitals and out-patient facilities controlled by hospitals have the highest medical malpractice damage caps in New Mexico. These caps are different depending on when the medical malpractice occurred and are broken into different categories based on the calendar year the medical error occurred in:
2022
four million dollars ($4,000,000)
2023
four million five hundred thousand dollars ($4,500,000)
2024
five million dollars ($5,000,000)
2025
five million five hundred thousand dollars ($5,500,000)
2026
six million dollars ($6,000,000)
2027
and each calendar year thereafter, six million dollars ($6,000,000), subject to increases to account for inflationary increases in the cost of goods and services.
Our firm has successfully held healthcare providers in New Mexico accountable for their mistakes and have achieved multiple settlements of a million dollars or more.
If you or a loved one has suffered because of a healthcare professional’s medical negligence contact Todd Bullion at 505-494-4656 immediately to schedule a free consultation or fill out our contact form below. We are dedicated to your recovery and securing the compensation you deserve.
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If you are considering a divorce in New Mexico, or if you need assistance with child custody arrangements, contact the Law Office of Todd J. Bullion for professional guidance. Our experienced attorneys are ready to help you navigate this difficult time with as much ease and clarity as possible.