Medical Malpractice Lawyer Albuquerque
Everything you should know about medical malpractice in Albuquerque and how to find the right lawyer for you
If you need a medical malpractice lawyer in or around Albuquerque you are in the right place. Medical Malpractice is a serious issue. Every day people get improper treatment resulting in numerous negative outcomes. The medical society has sworn an oath to provide the best medical care to their patients. Unfortunately, we all are human and mistakes are made. This is a seriously concerning issue due to the fact that we trust our lives to individuals that may be either not properly trained, inexperienced, neglectful, overly exhausted or just plain unfit to perform medical practices.
Now it is the nature of the beast, in the medical profession, to undergo long hours without rest. This may be looked at as an error in society because no one can predict always when an injury or emergency will happen. What happens when a doctor creates a much more serious issue to an already existing problem? This term could be considered medical malpractice.
Now, in regards to those that protect us every day and help keep us healthy, many complications that result from medical treatment are not medical malpractice, they are simply complications. The human being is a biological product and like anything biological we have tendencies to reject certain treatments that we may undergo. Doctors and Medical Professionals help us daily overcome numerous illnesses and medical emergencies. These good Samaritans give their heart and soul to their work. We should hope they do so!
The problem lies when someone falls victim to an incident that could have easily been prevented with a little more attention to detail. The patient can be left with much less than he or she was willing to gamble. It’s horrible to think about, but it is a truth in our society that gets dealt with on a daily basis. When someone falls victim to such acts such as medical neglect, it may be in their best interest to seek legal action.
If legal action is found necessary. It may mean compensation for the injured and neglected. Sometimes it gets no where close to filling the void that may have been left from the incident, however it does spread awareness. In order to help prevent legal matters to take place it is important to do your homework. When doing research on a physician or doctor it is extremely important to look at their credentials. Then you are not working on blind faith alone.
When taking legal action, it is important to take down every little bit of detail possible. Record every date, every happening, and every little thing you can think about relating to the incident at hand. Its important to take names, addresses, phone numbers, dates and numerous specific details about everything that took place. Understanding your options and knowing your situation inside and out is the number one key to success if legal action is necessary. It is quite an unfortunate even, when something such as medical malpractice occurs, but it does happen and one should realize the risks before hand.
There are so many cases that we get to read about where the patient had to suffer because of wrong diagnosis and treatment – things such as a left leg being amputated instead of right leg, or wrong kidney operation, wrong eye operation or being treated for flu when it was something else. The wrong treatment given by a medical practitioner because of his negligence is what we call Medical Malpractice. It could be failure to diagnose the disease, misdiagnosis of a disease, not providing the right treatment, or unreasonable delay in the treatment.
Claims can be made by you incase of the following three things:
* If the medical service provider failed his duty of care as a case of negligence, and for which other providers would have done something else under the same circumstances.
* If the wrong treatment had caused you loss or damage; be it physical, mental or monetary loss.
* If it is reasonable to hold the provider guilty, then he has to pay for the harm or damages caused by the wrong treatment.
Medical Malpractice Insurance
Most medical providers now have malpractice insurance. This way they are covered from any liability claims made by the patient. The cost of this insurance has risen after the growing number of claims made, and moreover, the reduced supply of the insurance coverage led to the loss of the insurers. Usually the attorney of the patient makes the claims, and if the damages can be agreed, then the damages would be paid by the insurance company which has insured the medical provider. Otherwise, the attorney has to file a case in the court and based on interrogations, discoveries, and documents provided, the case will be settled.
Though almost all diseases come under medical malpractice, the five top most diseases that receive the highest monetary awards are:
1. Breast cancer
2. Lung cancer
3. Colorectal cancer
4. Heart attack
The allegations made are mostly for delayed diagnosis or improper testing. So as a result of the delay, the patient suffers severe complications which may sometimes lead to death. This is the reason why large monetary awards are related with these diseases.
There are several obstacles for you to overcome to successfully win the award. The first thing that you should know is that you should start the case before the statute of limitations runs out, which in New Mexico is 3 years. To be sure you understand how this works for your case and situation, it is best to consult with an Albuquerque Medical Malpractice Attorney. This is the time period under which the case should be filed, as in many areas compensation is not paid after the expiry of the time period. The second obstacle for you is to prove that it was malpractice and not just a medical error as a result of side effects caused by drugs or surgeries. So do not let your case be proved a medical error, which is considered normal.
For any legal advice you must consult a good and well practiced attorney or someone you can trust.