Las Cruces Medical Malpractice Lawyers

Healthcare providers are integral members of our communities. They are often on the front lines of providing care to our loved ones.

We rely on healthcare providers when we are faced with some of life’s most difficult and critical moments.

When we seek out care from our healthcare providers, we have the right to expect a certain level of care.

However, if a patient is harmed by improper, reckless, or negligent care, the healthcare provider must be held accountable.

A Las Cruces medical malpractice attorney from Poulos & Cavazos can help a victim and their loved ones seek justice if they are harmed by those they trusted the most.

To get started, contact our team today.

What Is Medical Malpractice?

Medical malpractice arises when a healthcare provider’s action, inaction, or other deviation from the acceptable standards of care causes injury or death to their patient.

Healthcare providers have a responsibility to use the level of care of any other reasonable and qualified healthcare provider. Any healthcare provider who fails to meet this standard is negligent and must be held accountable if they cause injury to their patient.

How Do I Know If I Am a Victim of Medical Malpractice?

Sadly, an unfortunate medical outcome that results in permanent injury or death does not always constitute medical malpractice. To be medical malpractice, an injury must be the result of a healthcare provider’s deviation from the appropriate standard of care.

It’s very difficult for someone who has no medical background to know for sure which category their injury falls into. But that’s okay – our team of experienced medical malpractice attorneys and medical professionals will help you determine if you are a victim or not. You do not need to decipher this on your own.

Who Is Considered a Healthcare Provider?

In New Mexico, a healthcare provider can be:

• A person,
• Corporation,
• Organization,
• Facility, or
• Institution.

A provider may be licensed or certified to provide healthcare as any of the following:

• Doctor of medicine,
• Hospital,
• Outpatient healthcare facility,
• Doctor of osteopathy,
• Chiropractor,
• Podiatrist,
• Nurse anesthetist,
• Physician’s assistant,
• Certified nurse practitioner,
• Clinical nurse specialist,
• Certified nurse-midwife, or
• Business entity that is organized to provide healthcare services.

There are many parties who may be liable in medical malpractice cases. Poulos & Cavazos of Las Cruces, NM can help.

What Are Some Types of Medical Malpractice Claims?

All medical malpractice claims have unique facts, but most fall into one or more of the following categories:

• Failure to diagnose a critical condition,
• Failure to treat,
• Misdiagnosis,
• Surgical or procedural error,
• Radiology error,
• Emergency room negligence,
• Injuries due to understaffing,
• Delayed diagnosis,
• Birth injuries,
• Pathology error,
• Nursing error,
• Prescription drug or medication error,
• Wrongful death, 
• Sepsis delayed diagnosis,
• Non-compliance with policies, or
• Hospital negligence. 

If you or a loved one suffered injuries or an illness that may be related to a medical error, contact a Las Cruces medical malpractice lawyer in our office.

How to Prove Medical Malpractice

A successful medical malpractice claim in New Mexico requires proof of:

• A doctor-patient relationship;
• That the doctor was negligent and breached their duty of care;
• That the patient suffered pain, injury, or illness as a result of the breach of duty; and
• That the patient’s pain, injury, or illness resulted in damages.

Unfortunately, proving medical malpractice often requires extensive investigations and research. It is essential to have the assistance of an experienced attorney to help you through this process.

How Do I Start a Medical Malpractice Action?

In New Mexico, before you can file a medical malpractice lawsuit in court, you must first file an application with the Medical Review Commission. The application is reviewed to determine whether there is substantial evidence that you were a victim of medical malpractice. Hospitals are not subject to this requirement, nor are privately insured medical providers

If a commission review is required, the Medical Review Commission also reviews the application to determine if you were likely injured because of the malpractice.

Once the commission hears your case, you may then file a lawsuit in court.

The Medical Review Commission’s decision is not admissible as evidence in any subsequent lawsuit filed. Our Las Cruces-based law firm has experience filing these applications and obtaining the necessary approval to file a lawsuit.

What Damages Are Available for Medical Malpractice?

In some medical malpractice cases, there are caps on damages. A cap on damages limits the amount of financial compensation you can receive in a medical malpractice lawsuit.

For claims arising on or after January 1, 2022, New Mexico law created a tiered system of caps:

◦ Claims against individual healthcare providers (such as doctors, nurses, and independent practitioners) are generally capped at $750,000, adjusted annually for inflation, not including medical expenses.

◦ Claims involving hospitals or hospital-owned facilities are subject to significantly higher caps. For acts of malpractice occurring in 2022, the cap began at $4,000,000, and increases by $500,000 each year until reaching $6,000,000 in 2026, with additional annual adjustments for inflation thereatter.

◦ Claims involving independent outpatient health care facilities (such as certain surgery centers or clinics that are not hospital-owned) are subject to a separate cap structure.
These caps are lower than hospital caps but higher than individual provider caps, and are adjusted annually for inflation beginning at $1,000,000 in 2024.

Our Las Cruces, New Mexico based firm can help you calculate the full value of your damages and fight for every dollar you deserve.

How Long Do I Have to Start a Medical Malpractice Action?

In New Mexico, with a few exceptions, you must file your action within three years of suffering from the injury or illness caused by the medical error. It is important not to wait to act if you think you or a loved one is a victim of medical malpractice.

How Can an Attorney at Poulos & Cavazos Help Me?

The attorneys at Poulos & Cavazos know that it is overwhelming and devastating when a person or their loved one is severely injured at the hands of a reckless or negligent medical provider.

The problems following a medical error often add up and can be too much to manage. Many victims have to deal with unpaid medical bills, rising debt, job loss, lost wages, funeral expenses, physical pain, and emotional distress.

However, you do not have to face these problems alone. An experienced and compassionate medical malpractice attorney from our Las Cruces, NM office can help.

Help Identify Medical Malpractice

We have handled hundreds of medical malpractice cases throughout New Mexico. If you are questioning whether you have a medical malpractice claim, our experienced attorneys can help you understand your rights under the law. 

Provide Reliable Advice 

We are trained to understand all aspects of medical malpractice law throughout New Mexico.

Build a Case

Medical malpractice cases often require significant preparation. Building a successful case usually requires requesting and examining medical records. You also have to find and interview medical experts to establish the standard of care in a given case, and support our claims.

Building a case may also involve reviewing hospital policies and practices. Our attorneys have extensive experience finding the applicable policies and building successful medical malpractice cases.

Navigate the Legal Process

The medical malpractice legal process in New Mexico can be complicated. Preparing a successful application to the Medical Review Commission often requires the skills and expertise of a trained New Mexico medical malpractice attorney. 

Proving the elements of any medical malpractice claim also requies the assistance of an attorney who understands the law. 

Obtain Fair Outcomes Despite the Damages Cap

A medical malpractice claim in New Mexico requires an attorney who is familiar with the New Mexico Medical Malpractice Act.

The Medical Malpractice Attorneys at Poulos & Cavazos Can Help You Fight Your Case

When you have been harmed at the hands of a healthcare provider, you deserve a team that is committed to taking care of its clients.

Victims of medical malpractice need a team that has offices in New Mexico and understands the complexities of medical malpractice law. 

Our trial lawyers have more than 60 years of combined experience representing victims and their families
n medical negligence claims throughout New Mexico. If you need help, contact us for a free consultation.

Where You Can Find Our Las Cruces Office