People trust their doctors and surgeons to diagnose and treat their ailments with care and accuracy. Unfortunately, some medical professionals make mistakes at the expense of their patients, and the outcome can be a medical malpractice lawsuit. In New Mexico, a victim of medical malpractice can sue the responsible doctor for both economic and non-economic damages, and the court may impose punitive damages on the defendant under certain circumstances. The New Mexico Medical Malpractice Act imposes a cap of $600,000 on non-economic damages, but the cap does not apply to economic damages.
If you or a loved one have suffered injuries due to the negligence of a medical professional, you should reach out to the compassionate and aggressive medical malpractice attorneys with Dominguez Law. We believe that medical professionals should be held accountable when their negligence harms patients. Our team of skilled lawyers can help you understand how the New Mexico Medical Malpractice Act impacts your case, and we will fight for your just compensation.
How Much Can You Recover in Damages in a New Mexico Medical Malpractice Case?
In a New Mexico medical malpractice case, a victim could potentially recover economic damages, non-economic damages, and even punitive damages. Economic damages are those losses that can be financially calculated. Previous and future medical bills, costs of physical therapy or other forms of rehabilitation, and previous and future lost wages all constitute economic damages.
On the other hand, non-economic damages cover the losses that are more difficult to calculate. For example, emotional distress, pain and suffering, and loss of enjoyment of life are considered non-economic damages. Finally, punitive damages may be awarded in certain cases. Punitive damages are designed to punish the defendant’s reckless or intentional misconduct, and they also discourage others from engaging in the same manner as the defendant.
What is the New Mexico Medical Malpractice Act?
The New Mexico Medical Malpractice Act is also known as the New Mexico Medical Professional Liability Act, and this statute imposes a cap on the amount of damages that a victim can recover in a medical malpractice lawsuit. The law currently caps non-economic damages based on the year of the accident, but this cap does not apply to economic damages. Essentially, a victim can still try to recover the full amount of their measurable economic damages; however, the court will not award economic damages based on predictions of future costs.
All future economic damages will only be awarded to the victim once those losses have occurred and can be calculated. If the court decides to impose punitive damages, a victim can potentially recover a maximum amount equal to the amount of punitive damages, the amount of economic damages, and $600,000 in non-economic damages.
What Are Common Medical Malpractice Scenarios?
Medical malpractice can take place in many different forms. Medical professionals owe patients a duty of care, and such professionals can be sued when their breach of the duty of care causes injury to the patients involved. The following are common medical malpractice scenarios:
- A surgeon makes an error during an operation.
- A doctor misdiagnoses or fails to diagnose a condition.
- The doctor strayed from the treatment plan upon which the patient agreed.
- The medical professional is accidentally negligent.
- A doctor’s patient-related bias leads to improper care.
- A doctor prescribes the wrong medication.
- A doctor does not fully inform the patient of all possible treatment options.
If you have suffered from medical malpractice, you should contact an experienced personal injury lawyer who understands medical malpractice cases. A skilled medical malpractice lawyer should be able to assess your case, make sure you file within the statute of limitations, and help you pursue the compensation you deserve.
Contact the Experienced Personal Injury Attorneys With Dominguez Law to Discuss Your Medical Malpractice Case Today
Medical malpractice affects the lives of many patients in New Mexico. Nobody should suffer at the hands of a trusted doctor or surgeon. If your medical professional’s negligent acts caused you harm, you deserve to be compensated for your damages. Dominguez Law has medical malpractice attorneys who can help you pursue the maximum amount of damages in your case.
The team of skilled personal injury lawyers with Dominguez Law is ready to help you today. You can call (505) 850-5854 or fill out our contact form to schedule your free consultation. We also speak Spanish.
