Albuquerque Medical Malpractice Lawyer
What it Takes to Pursue a Medical Malpractice Claim
If you feel that you’ve suffered a serious injury at the hands of a doctor or any other health care provider, an Albuquerque medical malpractice lawyer can review the facts and help you understand what to do about it.
What You Need to Know About Medical Malpractice
A bad outcome does not always mean malpractice occurred. In other words, not every unintended or poor result will rise to the level of a malpractice claim. An Albuquerque medical malpractice lawyer at the McKelvey Law Firm can help investigate the circumstances surrounding your treatment and injury and help you decide whether to pursue a claim. In general, medical malpractice requires proof that:
• The doctor owed you a duty of care
• The doctor acted unreasonably and breached his/her duty of care when treating you
• The doctor’s breach caused your injury
A Doctor’s Duty
Again, not every mistake–even if it caused a new injury–rises to the level of malpractice, says an Albuquerque medical malpractice lawyer. In New Mexico, a doctor has a duty to possess and apply the knowledge and to use the skill and care ordinarily used by reasonably well-qualified doctors practicing under similar circumstances, giving due consideration to the locality involved. As your attorney can explain, what’s considered a breach of that duty can usually only be proven by testimony from a medical expert.
An Albuquerque Medical Malpractice Lawyer Can Help You Find a Medical Expert
Since a malpractice claim will almost always require expert testimony, the McKelvey Law Firm can help you find an expert to review your medical records and determine whether the doctor’s conduct when diagnosing, operating, treating, or otherwise caring for you was, in fact, malpractice. There are no guarantees in this process, but it is necessary to determine the viability of your claim.
Time is of the Essence If You Suspect Malpractice
Medical malpractice claims follow rigid statutes of limitation, says an Albuquerque medical malpractice lawyer. This means if you don’t file your claim on time, you could lose the right to pursue it. In New Mexico, how much time you have and when the clock starts ticking depends on many factors including, but not limited to: your age when the malpractice occurred; whether the doctor is government employee; and, whether the doctor was a qualified healthcare provider under New Mexico’s Medical Malpractice Act. In certain cases, an administrative process involving the New Mexico Medical Review Commission must be followed before a lawsuit can be filed. Be sure to contact a medical malpractice attorney to review your legal options as soon as you suspect a problem.
At the McKelvey Law Firm, you can speak to an Albuquerque medical malpractice lawyer who understands what it takes to pursue a malpractice claim and can help you understand your legal options. Call (505) 254-9090 to set up a free appointment.