1.            In general, any medical malpractice action for injury or wrongful death must be brought within three years from the date when the alleged malpractice occurred.  This is referred to as the Statute of Limitations.  There are some instances when the Statute of Limitations is less than three years.

2.            A claimant’s negligence will never bar recovery but, instead, will only reduce the claimant’s recovery in proportion to his comparative fault.

3.            Claims of medical malpractice against a “qualified health care provider” are limited to a recovery of $600,000 which applies to all damages, with the exception of punitive damages and damages for medical expenses.  Most doctors are “qualified health care providers” whereas most hospitals are not.

4.            Generally the state and its political subdivisions have immunity from a tort action.  Such immunity is inapplicable to medical malpractice actions if an employee of the state or any one of its political subdivisions                 was negligent while acting within the scope of his employment.  Please note, New Mexico law requires that a Tort Claims Notice be filed with the appropriate state agency within ninety days of the alleged act.  There are few exceptions to this requirement.

Many of our clients often do not understand a legal claim for Medical Malpractice (Med. Mal.).  Given the number of questions I constantly receive regarding this sometime elusive legal concept I decided to start a blog dedicated solely to this topic.  Please note the information provided is just information only and does not constitute legal advise

Medical malpractice, also known as medical negligence, generally occurs when a health care provider breaches the professional standards of care when providing treatment to a patient, causing the patient to suffer an injury.  Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include but are not limited to:

1.  Failure to diagnose or misdiagnosis of a medical condition or an injury;

2.  Failure to provide “medically appropriate” treatment for a medical condition; or

3.  An unreasonable delay in treating a medical condition that the treating physician knows has been diagnosed.

Medical Malpractice lawsuits can be brought against any healthcare provider including doctors, hospitals, nurses, and nursing homes who have negligently cared for a patient.  This first entry just “scratches the surface” and there is much more to talk about.  Please do not hesitate to e-mail or call if you have any questions about medical malpractice lawsuits.