New Mexico 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.

Poulos & Cavazos medical malpractice attorneys 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, Poulos & Cavazos of Las Cruces, NM can help.

Ready for your no-charge consultation?

How to Prove Medical Malpractice

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

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

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.

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 can often add up and 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, New Mexico 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 require significant preparation. Building a successful case 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. 

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.

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.

New Mexico’s cap on damages applies to lost past and future wages. The cap also applies to non-economic damages, like pain and suffering. However, past and future medical care are not capped.

Punitive damages are also not capped. A skilled and experienced medical malpractice attorney at Poulos & Cavazos can help you obtain an outcome that meets your needs despite the cap.

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
in medical negligence claims throughout New Mexico. If you need help, contact us for a free consultation.

Where You Can Find Our Las Cruces Office

Serving Las Cruces, New Mexico and Surrounding Cities

Poulos & Cavazos represents injured patients and grieving families across southern New Mexico, not just inside the Las Cruces city limits. Serious medical care in this part of the state is regionalized. A patient who collapses in Hatch, Columbus, or Tularosa is often stabilized at a small rural hospital or clinic, then transferred to a larger facility for surgery or intensive care. When something goes wrong, the negligence can happen at the first stop, during the transfer, or after the patient arrives. Our attorneys investigate the entire chain of care, no matter how many providers or how many miles were involved.

We regularly review records from the hospitals, emergency departments, surgical centers, clinics, and long-term care facilities that serve these communities, and we know how care is routed across the region. If you live in any of the following areas, we can help.

Las Cruces Neighborhoods and Districts

Downtown Las Cruces, Mesquite Historic District (Original Townsite), Alameda Depot Historic District, University Park and the NMSU area, Mesilla Park, Tortugas, East Mesa, Sonoma Ranch, Telshor, High Range, Metro Verde, Del Rey, Las Alturas, and Sandhill.

Immediately Surrounding Doña Ana County

Mesilla, Doña Ana, Fairacres, Picacho Hills, Talavera, Organ, Radium Springs, Butterfield Park, and San Pablo.

Lower Mesilla Valley and the Border Communities

Vado, Mesquite, Brazito, Del Cerro, San Miguel, La Mesa, Chamberino, Berino, Anthony, La Union, Santa Teresa, Sunland Park, and Chaparral.

North Valley and the Hatch Area

Hatch, Rincon, Salem, Garfield, Derry, Arrey, and Placitas. Residents of these farming communities often rely on rural clinics for primary care and travel to Las Cruces for specialists, imaging, and surgery, which makes delayed diagnosis and failed follow-up a recurring problem.

Sierra County

Truth or Consequences, Elephant Butte, Williamsburg, Caballo, Hillsboro, Kingston, Monticello, Cuchillo, and Winston. Sierra Vista Hospital in Truth or Consequences is the primary acute care facility for this area, and patients needing a higher level of care are typically transferred south.

Otero County and the Tularosa Basin

Serving Alamogordo, Tularosa, La Luz, Boles Acres, High Rolls, Cloudcroft, Mescalero, Timberon, Orogrande, White Sands Missile Range, and Holloman Air Force Base. San Augustin Pass puts Alamogordo roughly an hour from our Las Cruces office, and we handle surgical error, misdiagnosis, and emergency room negligence claims for families throughout the basin.

Luna County

Serving Deming, Columbus, Akela, Nutt, and the surrounding ranching communities along the Interstate 10 corridor. Mimbres Valley Medical Center in Deming is the closest hospital for most of the county, and patients requiring specialty care are frequently sent to Las Cruces.

Grant and Hidalgo Counties

Silver City, Bayard, Santa Clara, Hurley, Tyrone, Mimbres, Cliff, and Lordsburg. Gila Regional Medical Center in Silver City serves much of the southwest corner of the state, and we take cases from these communities even though they sit farther out.

Lincoln County and the Mountain Communities

Ruidoso, Ruidoso Downs, Capitan, Carrizozo, and Alto. Many residents in these communities travel to Las Cruces or Alamogordo for hospital care, and we are glad to review their records without requiring a trip to our office.

Distance Is Not a Barrier to Your Case

Our office is located at 1802 Avenida de Mesilla, Las Cruces, NM 88005, but you do not need to drive here to get answers. We handle initial consultations by phone and video, we request and review medical records on your behalf, and we travel to meet clients at their homes, in the hospital, or wherever is easiest for them. Medical malpractice claims in New Mexico are generally subject to a three-year deadline, and records take time to obtain, so the sooner you reach out the more we can do.

Se habla español. If you or a loved one was harmed by a doctor, nurse, hospital, or other healthcare provider anywhere in southern New Mexico, call Poulos & Cavazos at (575) 523-4444 for a free, no-obligation case review.

Local Resources in Las Cruces

Las Cruces has more healthcare options than anywhere else in southern New Mexico, and that can work against a patient trying to piece together what happened. Records may sit with three different hospitals, a specialty clinic, and an imaging center, each with its own release process. The Doña Ana County resources below can help you get your chart, report a provider, find follow-up care, and handle the paperwork that follows a death in the family. None of them will tell you whether you have a legal claim. If you believe a preventable error caused serious harm, talking with a Las Cruces medical malpractice lawyer early protects both your evidence and your filing deadline.

Hospitals & Emergency Care in Las Cruces

• Memorial Medical Center – 2450 S. Telshor Blvd., Las Cruces, NM 88011. Full-service hospital with a 24-hour emergency department, ICU, labor and delivery, and a NICU. Main line (575) 522-8641; Emergency Department (575) 521-2286. Visit Website
• MountainView Regional Medical Center – 4311 E. Lohman Ave., Las Cruces, NM 88011. Acute care hospital with a 24-hour emergency department, cardiac catheterization lab, and certification as a primary stroke center. Call (575) 556-7600. Visit Website
• Three Crosses Regional Hospital – 2560 Samaritan Dr., Las Cruces, NM 88001. A 46-bed acute care hospital with an intensive care unit, emergency room, on-site imaging and laboratory, and specialty clinics. Call 1-800-421-8274. Visit Website

Urgent Care & Community Clinics

• MountainView Urgent Care at Lohman – 4351 E. Lohman Ave., Suite 100, Las Cruces, NM 88011. Walk-in care seven days a week. Call (575) 525-2700. Visit Website
• La Clinica de Familia – Central Medical clinic at 575 S. Alameda Blvd., Las Cruces, NM 88005, with additional locations across Doña Ana County. Community health center providing medical, dental, women’s health, and behavioral health care on a sliding scale. Call (575) 528-6400. Visit Website
• Amador Health Center – 999 W. Amador Ave., Las Cruces, NM 88005. Nonprofit clinic serving uninsured and underinsured patients with primary care and care navigation. Call (575) 527-5482. Visit Website
• Ben Archer Health Center – Hatch – 255 NM-187, Hatch, NM 87937. Serves patients in northern Doña Ana County who would otherwise drive to Las Cruces for primary and dental care. Call (575) 267-3088. Visit Website

Requesting Your Las Cruces Medical Records

Your chart is the foundation of any malpractice claim. Federal law gives you the right to a copy of your own records, and you do not need to give a reason. Because care in Las Cruces is often split across more than one facility, request records from every provider involved, not just the hospital where the harm occurred. Put each request in writing and keep a copy.

• Memorial Medical Center – Health Information Management – Located in the Memorial Medical Center Annex. Walk-in release of information hours are 9 a.m. to 4:30 p.m. on weekdays. Call (575) 521-2297 or fax (855) 810-1934. Requests are fulfilled through Memorial’s records partner and generally take five to ten business days. Records Request Info
• MountainView Regional Medical Center – Medical Records – Records requests are submitted through the hospital’s online form. Main line (575) 556-7600. Request Records
• Three Crosses Regional Hospital – Patient Forms – Authorization and records release forms are available through the hospital’s patient forms page. Call 1-800-421-8274. Patient Forms
• HIPAA Right of Access – U.S. Department of Health & Human Services – Explains your legal right to your records, what a provider may charge, how long they have to respond, and how to file a complaint if a provider refuses or stalls. Visit Website

Reporting a Concern About Your Care

A complaint to a hospital or a state board is separate from a legal claim, and filing one does not replace the other. Reporting creates an official record and can prompt an investigation, but it will not recover compensation for your losses.

• Memorial Medical Center – Grievances – Hospitals are required to have a formal grievance process. Memorial’s grievance line is (575) 255-1425, and its Patient Experience Liaison can be reached at (575) 556-6269. Department Directory
• Health Facility Complaints Hotline – NM Health Care Authority, Division of Health Improvement – Investigates complaints against licensed hospitals, clinics, and long-term care facilities statewide. Call 1-800-752-8649. File a Complaint
• New Mexico Medical Board – Licenses and disciplines physicians, osteopathic doctors, physician assistants, and podiatrists. Complaints are filed through the Board’s online portal. Call (505) 476-7220. File a Complaint
• New Mexico Board of Nursing – Reviews complaints alleging violations of the Nursing Practice Act by RNs, LPNs, and advanced practice nurses. Call (505) 841-8340. File a Complaint
• The Joint Commission – Report a Patient Safety Event – Accredits hospitals nationwide and accepts patient safety concerns from patients and families directly. Report a Concern
• Acentra Health BFCC-QIO – New Mexico – The Medicare quality-of-care review organization for New Mexico. Handles quality complaints and fast appeals if you believe a hospital is discharging you too soon. Call 1-888-315-0636. Visit Website
• New Mexico Adult Protective Services – Statewide intake for suspected abuse, neglect, or exploitation of an adult. Call 1-866-654-3219. Visit Website
• New Mexico Long-Term Care Ombudsman Program – Free, confidential advocacy for residents of nursing homes and assisted living facilities. Call 1-866-451-2901. Visit Website

The New Mexico Medical Review Commission

New Mexico has a pre-suit screening step that surprises many patients. Before a lawsuit is filed against a qualified independent provider who is a natural person, the claim must first go to the Medical Review Commission, where a panel of medical professionals and attorneys reviews the application. The panel’s decision is not admissible in any later lawsuit. Importantly, claims against hospitals and outpatient healthcare facilities are not filed with the Commission. This is a step your attorney handles, not something you file yourself, but it helps to know it exists.

• New Mexico Medical Review Commission – Created under Section 41-5-14 of the New Mexico Medical Malpractice Act. Administered with staff and resources provided by the New Mexico Medical Society. Call (505) 828-0237. Visit Website

Courts & Legal Resources in Doña Ana County

• Third Judicial District Court – Doña Ana County – 201 W. Picacho Ave., Las Cruces, NM 88005. Handles civil cases, including medical malpractice and wrongful death claims arising in Doña Ana County. Call (575) 523-8200. Visit Website
• Doña Ana County Clerk’s Office – 845 N. Motel Blvd., Las Cruces, NM 88007. Recorded documents, probate filings, and county records. Call (575) 647-7421. Visit Website
• New Mexico Legal Aid – Las Cruces Office – 600 Montana Ave., Suite D, Las Cruces, NM 88001. Free civil legal help for qualifying low-income New Mexicans in southern counties. Call (575) 541-4800. Visit Website

Records & Support for Families After a Death

• New Mexico Bureau of Vital Records and Health Statistics – Issues certified death certificates, which families need before opening an estate or pursuing a wrongful death claim. Access is restricted to immediate family or those with a legal interest. Call 1-866-534-0051. Order a Death Certificate
• VitalChek Express Certificate Service – Expedited online ordering for New Mexico death certificates. Call 1-877-284-0963. Order Online
• Mesilla Valley Hospice – 299 Montana Ave., Las Cruces, NM 88005. Long-standing local nonprofit offering end-of-life care and bereavement support for families, including those whose loss was sudden. Call (575) 523-4700. Visit Website

Public Health & Follow-Up Care

• Las Cruces Public Health Office – NM Department of Health – 1170 N. Solano Dr., Las Cruces, NM 88001. Immunization records, screenings, family health services, and referrals. Call (575) 528-5001. Visit Website
• Las Cruces East Mesa Public Health Office – 5220 Holman Rd., Las Cruces, NM 88012. Second Doña Ana County public health location serving the East Mesa. Call (575) 382-0540. Visit Website

Rehabilitation, Long-Term Care & Disability Support

When an injury creates lasting care needs, the recovery often continues long after the hospital discharge. These Las Cruces facilities and programs handle that next stage.

• Rehabilitation Hospital of Southern New Mexico – 4441 E. Lohman Ave., Las Cruces, NM 88011. Inpatient rehabilitation for patients recovering from stroke, brain injury, spinal injury, and complex surgery. Call (575) 521-6400.
• Advanced Care Hospital of Southern New Mexico – 4451 E. Lohman Ave., Las Cruces, NM 88011. Long-term acute care hospital for patients who need extended hospital-level treatment, including ventilator weaning. Call (575) 521-6600.
• Tresco Inc. – 1800 Copper Loop, Las Cruces, NM 88005. Doña Ana County nonprofit providing early intervention, therapy, and developmental disability services, including support for children with birth-related injuries. Call (575) 528-2200. Visit Website
• New Mexico Aging and Disability Resource Center (ADRC) – Statewide help line for long-term care options, in-home services, benefits counseling, and caregiver support. Call 1-800-432-2080. Visit Website

Mental Health & Grief Support in Las Cruces

The emotional aftermath of serious medical harm is its own injury, and it often outlasts the physical one. Support is available in Doña Ana County.

• Mesilla Valley Hospital – 3751 Del Rey Blvd., Las Cruces, NM 88012. Psychiatric hospital offering inpatient and outpatient behavioral health programs for adults and adolescents. Call 1-800-877-3500. Visit Website
• La Clinica de Familia – Behavioral Health Specialty Services – 535 S. Miranda St., Las Cruces, NM 88005. Outpatient counseling, medication management, crisis intervention, and community support services. Call (575) 647-2800. Visit Website
• 988 Suicide & Crisis Lifeline – Free, confidential support 24 hours a day. Call or text 988. Visit Website

Getting to Medical Appointments

• RoadRUNNER Transit – 300 W. Lohman Ave., Las Cruces, NM 88005. City bus service with routes serving the Telshor and Lohman medical corridors where most Las Cruces hospitals and specialty clinics are located. Call (575) 541-2500. Routes & Schedules
• South Central Regional Transit District – 300 W. Lohman Ave., Suite 115, Las Cruces, NM 88001. Regional routes connecting outlying Doña Ana County communities to Las Cruces medical facilities, useful for patients traveling in from Anthony, Chaparral, Hatch, or Sunland Park. Call (575) 323-1620. Routes & Schedules

Insurance & Billing Help

• New Mexico Office of Superintendent of Insurance – Consumer Assistance Bureau – Helps New Mexicans resolve disputes with insurance companies over denied claims, coverage, and claim processing. Call 1-855-427-5674. File a Complaint
• Memorial Medical Center – Patient Financial Services – For questions about hospital billing, itemized statements, and financial assistance. Call 1-855-453-1203. As a nonprofit hospital, Memorial is required to maintain a financial assistance policy. Department Directory

In most New Mexico cases you have three years from the date of the malpractice to file, and that clock keeps running while you wait on records, a hospital grievance response, or a Medical Review Commission panel. Our office is here in Las Cruces at 1802 Avenida de Mesilla. If a doctor, nurse, or hospital caused you or someone you love serious harm, call Poulos & Cavazos at (575) 523-4444 for a free case review.