It probably comes as no surprise to know that medical professionals can make grave mistakes. Some of these mistakes involve negligence, which is one of the common causes of medical malpractice, opening the door for a medical malpractice claim.
Victims can suffer lifelong consequences when these mistakes happen. In severe cases, victims may even pass away due to the medical provider’s error.
Some victims never pursue a claim, because they may be unsure whether there was medical malpractice or assume that no one will be held accountable.
If you suspect you or a loved one is a victim of medical malpractice, it’s critical to speak with an experienced New Mexico medical malpractice lawyer at Poulos & Cavazos right away.
Contact us online or call (575) 523-4444 for an initial consultation.
Medical malpractice encompasses various issues that can profoundly impact patients. Common concerns include misdiagnosis, surgical errors, medication mistakes, and inadequate treatment. These issues can lead to severe consequences such as prolonged suffering, worsened medical conditions, financial burdens from additional medical expenses, and emotional distress. Patients affected by medical malpractice may also face challenges in obtaining proper compensation and seeking justice for their ordeal.
Key Takeaways
- Medical malpractice can occur in many ways: Common causes include misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, and failures in patient monitoring or treatment.
- Diagnostic errors are among the leading malpractice claims: Failing to identify or timely diagnose a serious condition can delay treatment and significantly worsen patient outcomes.
- Not every medical mistake qualifies as malpractice: A claim generally requires proof that a healthcare provider failed to meet the accepted standard of care and caused harm.
- Hospitals and healthcare facilities may share liability: In some cases, inadequate staffing, poor training, communication breakdowns, or unsafe policies contribute to patient injuries.
- Strong evidence is essential in malpractice cases: Medical records, expert testimony, and documentation of injuries help establish negligence, causation, and damages.
Reasons to Sue a Doctor
Sue a doctor for medical malpractice if they commit misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, or fail to obtain informed consent. Each of these actions can cause patient harm and may justify legal action under malpractice law.
Here’s a look at some of the most common types of medical negligence for which we routinely represent clients.
See what our clients have to say about our services:
1. Misdiagnosis
One common example of negligence in healthcare is misdiagnosis.
When a doctor fails to properly diagnose a patient’s correct illness or disease, they may say the person has no sickness or suggest the patient has another type of illness.
Either way, it prevents the patient from receiving the care they need. However, not all cases of misdiagnosis rise to the level of medical malpractice.
Malpractice only applies when another doctor with a comparable educational background and in a similar treatment situation would have made the diagnosis that the current doctor failed to make and the patient suffered harm as a result of the misdiagnosis.
2. Delayed Diagnosis
Another common medical error involves a delayed diagnosis. In this situation, a doctor may make an incorrect diagnosis at first but eventually makes the right one.
In the meantime, the patient’s condition becomes worse because they are not receiving the treatment they desperately need.
To be sued for delayed diagnosis, a medical doctor must have acted less competently than other medical professionals would’ve.
One example would be failing to order routine tests that would’ve provided the correct diagnosis.
3. Surgical Errors
When you undergo surgery, there is always some element of risk. However, when unexpected results happen, it can amount to medical negligence.
Examples of potential surgical errors that lead to medical malpractice claims include:
- Performing unnecessary surgical procedures;
- Operating on the wrong body part;
- Failing to perform the correct procedure;
- Leaving surgical instruments or tools in the body;
- Incorrect amount of anesthesia;
- Damaging a nerve, organ, or other tissue during the procedure; and
- Poor aftercare.
Don’t assume that because you signed a surgical consent form that acknowledges the risks that the doctor is not negligent.
Even if they warned you of potential complications, you can hold your surgeon responsible for injuries or death resulting from their negligent actions.
4. Medical Product Liability
There may be more than just the medical provider liable for your injuries in some cases. If they used a faultily designed medical device, you could have a claim for damages.
Medical devices that malfunction or do not work as marketed can cause further harm to a patient or cause their death, which are reasons for filing a medical malpractice claim.
Unfortunately, some of these devices cause injury before the defects are known. However, if the manufacturer knows about the defect or should’ve known, they can be liable to all victims.
5. Failure to Treat
If a doctor makes the correct diagnosis but doesn’t recommend the proper treatment, it could amount to a failure to treat.
This situation can happen when doctors have too many patients or fail to follow up as necessary.
If your doctor releases you too soon, fails to refer you to a specialist, or doesn’t provide the proper follow-up care, you could have grounds for a medical malpractice claim.
6. Birth Injuries
When you are going into labor, you don’t want to think about all the things that can go wrong. Birth injuries can be devastating and often have serious consequences, requiring expensive lifelong medical care for the baby.
When a medical professional makes a mistake that harms your baby, it can qualify as a birth injury. Issues can occur during prenatal care that cause the baby to be born with a medical condition, or something can go wrong during delivery.
If the mistake was preventable, you could have a claim for medical malpractice.
Contact the Best New Mexico Medical Malpractice Lawyer Today
When you suspect you or a family member is the victim of medical malpractice, it’s important to speak with a New Mexico medical malpractice lawyer right away.
The medical malpractice attorneys at Poulos & Cavazos have extensive experience in medical malpractice litigation, and one of our attorneys is a licensed medical doctor.
We understand what a terrifying time this is for you and your family and are here to help.
Our firm has over 50 years of combined litigation experience, and we are committed to holding medical providers accountable for their negligence.
Contact our office or call (575) 523-4444 today to schedule an initial consultation to learn more about how we can help you.
Frequently Asked Questions About Common Causes of Medical Malpractice in New Mexico
1. What is medical malpractice?
2. What are the most common causes of medical malpractice?
3. Is a misdiagnosis considered medical malpractice?
4. Can medication errors lead to malpractice claims?
5. What types of surgical mistakes may support a malpractice case?
6. Are birth injuries always caused by malpractice?
7. What evidence is important in a medical malpractice case?
8. How do I know if a poor medical outcome was malpractice?
9. What compensation may be available in a medical malpractice claim?
10. How long do I have to file a medical malpractice lawsuit in New Mexico?
Where to find our Las Cruces office:
Victor Poulos, JD
For more than two decades, Victor Poulos has devoted his practice exclusively to representing patients and families harmed by medical negligence. He has handled complex medical malpractice cases involving hospitals, surgeons, anesthesiologists, and other healthcare providers, and has taken hundreds of depositions of physicians, nurses, and hospital staff across nearly every medical specialty. Mr. Poulos has successfully tried high-stakes malpractice cases to verdict and is known for his meticulous case preparation and relentless advocacy on behalf of injured patients.
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