Albuquerque Medical Malpractice Lawyers

It is essential that your doctor have access to your accurate and complete medical history when treating you. Any error in your medical records could give your healthcare provider an incomplete view of your overall health and current condition. Some of the most common places we see medical record errors include incorrect or missing:

• Diagnoses
• Drug or food allergy information
• Scans
• Lab results
• Medication information

Cross Contamination

Doctor offices, outpatient facilities, hospitals, and all medical facilities must properly sanitize tools and surfaces to prevent cross contamination between patients. Any lapse in sanitizing may allow for the transmission of diseases, infections, and pathogens. Cross contamination can cause serious medical complications among even healthy patients, and may be fatal for those who are immunocompromised.

Wrongful Death

When a medical mistake is so severe that it causes the death of a patient, you’ll need to work with a medical malpractice lawyer who is also experienced in wrongful death cases. At Buckingham & Vega Law Firm, our attorneys have dedicated their professional careers to holding negligent medical professionals responsible for the harm that they have caused. If your loved one was killed by the wrongful actions of a healthcare provider, you deserve the guidance of an attorney who has the experience, knowledge, and compassion to secure fair compensation on behalf of your loved one’s estate.

No one should have to prematurely say goodbye to a loved one. If a doctor caused your family member's death, contact us today for a free consultation. Our compassionate attorneys will make sure you understand your legal obligations.

Causes of Medical Malpractice

There is no one, single cause of medical malpractice. However, in our years of serving those who have been harmed by the medical community, we have identified some of the most common contributing factors:

• Incompetence or insufficient training
• Fatigue
• On-the-job drug or alcohol use
• Poor communication
• Staffing shortages

None of the above are excuses for medical negligence. No matter the reason, you may be owed compensation if you were harmed by a health care professional.

Damages Available in a Medical Malpractice Claim

In a medical malpractice lawsuit, damages are monetary awards for the harm you have suffered. Damages are often divided into two categories–economic and non economic.

Economic Damages

Economic damages address the financial losses you have suffered as a result of medical negligence or harm. They often include:

• Lost income
• Reduced earning capacity
• Medical bills
• The cost of upgrading your home or vehicle to accommodate your injury or disability

Non Economic Damages

Non economic damages cover the non-financial harm you suffered as the result of negligent medical care. It is important to work with a medical malpractice attorney who is experienced in identifying and calculating non economic damages, so you do not miss out on vital compensation for things like:

• Pain and suffering
• Emotional distress
• Loss of enjoyment in life

Punitive Damages

In rare cases, it may be appropriate to award punitive damages. These are intended to punish the at-fault party for especially egregious behavior. Under New Mexico state law, these types of damages may only be awarded in cases where the negligent party acted particularly recklessly or intentionally. Check with your medical malpractice lawyer if you are uncertain whether your case meets the standards for such damages.

What To Do if You Believe You Have a Medical Malpractice Claim

If you were injured while seeking medical care and are now dealing with things like lost wages, related bills, emotional distress, and more, you are not without options. New Mexico state law allows for three years from the date that the malpractice occurred to file a medical malpractice lawsuit.

Three years is not a long time when it comes to filing medical malpractice cases, though. It takes time to build a strong medical malpractice claim, which is why our law office advises taking the following steps in as timely a manner as possible.

Document Everything

Begin documenting everything as soon as it becomes clear that you were harmed. Write down the date and time of every doctor’s appointment, who you saw, what you discussed, what medications you were prescribed, and any other related information. You should also request a hard copy of your medical records, as your Albuquerque medical malpractice attorney can use the information it contains to help substantiate your claim.

Seek a Second Opinion

Your health is your number one priority. You should seek a second opinion if you believe you were incorrectly diagnosed, given the wrong medication, or otherwise harmed by your treating doctor. Be sure to let your new doctor know what you have been through and clearly express your concerns over being mistreated in the past.

Contact a Medical Malpractice Lawyer

The idea of filing a medical malpractice claim on your own may feel understandably daunting. The good news is that you do not have to go through this process on your own. A medical malpractice attorney can provide the support, guidance, and knowledge you need to pursue your malpractice claim to the most successful end possible.

Worried about the cost of working with a lawyer? We offer a free consultation to all potential clients, and we don't earn a dime unless we win your case.

Medical Malpractice Claims & Your Rights

New Mexico has a statute of limitations of three years for any medical malpractice cases. A statute of limitations is literally a limitation on the time you have to file a case. When the limitation is in regard to health, medical treatment, or overall well-being, it can be disheartening to know you have a ticking time clock on when you are able to seek justice. A medical malpractice case can be a simple fix or in the worst-case scenario, they can be fatal.

There are few, if any, ways to avoid medical malpractice. For the best possible care, it is best to find a doctor or treatment center that you trust. Don’t hesitate to ‘shop around’ for the care you deserve. While we are conditioned to trust doctors and physicians, that doesn’t mean there aren’t some bad eggs out there. Take your and your family’s health into your own hands and make sure you are receiving proper care. In the case that you do receive poor treatment or care, it is best to know your rights surrounding medical malpractice cases. While we know New Mexico has a three-year statute of limitations on when to file, we also have to take the malpractice itself into consideration.

Questions that arise are:

• When did the malpractice specifically occur?
• Who discovered the inconsistency, was it the patient, the doctor responsible for the injury or death, or a third party?
• When was the malpractice discovered?

All of these questions will determine the path of the case. If the cause of medical malpractice is determined or discovered within the two-year time limit, the case may be filed more easily. It will be a more standard case anyway. Medical malpractice cases get a little trickier if the cause is not determined or discovered until after the two-year limit. This takes us to what is called the discovery rule.

The discovery rule is a rule set in place for cases in which mistreatment, improper care, unresolved care, and overall medical malpractice are not discovered within the time limit set in place as stated in a specific state’s statute of limitations. In short, the discovery rule allows for some wiggle room. In New Mexico, the discovery rule is applied quite literally. In the state of New Mexico, the three-year clock to file a medical malpractice case is extended via the discovery rule to begin upon the date of discovery. In other words, the three-year time clock will start at the date of discovery rather than the date of occurrence.

There are some exceptions and loopholes to the discovery rule, though. It is best to seek an attorney’s advice upon involvement in a medical malpractice case, however knowing the law and knowing your rights are important. Most major ‘Qualified Healthcare Providers’ cover themselves in the sense that you sign off on any rights to even file a medical malpractice case, even if a valid one arises. Generally, ‘Qualified Healthcare Providers’ are protected from being held liable or responsible for any mistreatment.

Another tricky area to take note of in relation to medical malpractice in New Mexico that may patients forget about is diagnosis. Even being misdiagnosed, or simply not diagnosed can be considered medical malpractice. For example, if you’ve sought out tests or opinions from doctors about whether you or a family member has cancer and they repeatedly decline if you later find out you or they do have cancer, that can be considered medical malpractice. Misdiagnosis is a bit more straightforward in the sense that it is more clearly a case of medical malpractice. For example, if you are diagnosed with Lyme Disease but it ends up being another case or disease, and you are receiving treatment, therapy, or worse, specific pills and drugs, for Lyme Disease then that can be considered a medical malpractice case as well.

Even though a medical malpractice case is difficult to avoid, overall the best way to avoid a medical malpractice case is to seek a trustworthy doctor or facility. Check their records, make sure they are currently certified and your individual doctor is qualified to perform the treatment you are seeking. Needing to fact-check or background-check your doctor can seem ridiculous, but it could be the difference between a smooth surgery or treatment and a fatal accident.

Whenever you find yourself or a family member in the case of qualifying for a medical malpractice case, even long after the three-year statute of limitations, contact an experienced attorney for more information. Don’t lose hope in your health. If you have any questions or concerns about your case, call for a free consultation. Our group of attorneys is here to protect you and your family. They want you to receive the compensation and care that you deserve. Leave the case to us while you and your family spend time together, handling the recovery process.

Why Choose Our Albuquerque Medical Malpractice Attorneys?

When looking for medical malpractice lawyers in Albuquerque, NM, you’ll want to be sure that you can trust the people who will be taking on your case. One thing that sets Buckingham & Vega Law Firm apart from the competition is our unrivaled dedication to honest communication with our clients. When you choose to align yourself with our attorneys, you’ll never have to wonder how your case is going or whether there is anything more that you could be doing.

Our attorneys are also seasoned trial lawyers. While most medical malpractice cases are settled outside of court, we’ll prepare for the possibility of things going to trial. In us, you’ll find accomplished attorneys with proven track records who will work tirelessly to secure you the rightful compensation you deserve.

We value the attorney client relationship, so know that your well being will always be our priority.

Experienced Medical Malpractice Lawyers Helping New Mexico Families

Whether you were injured during a medical procedure or your cancer was allowed to grow unchecked after a misdiagnosis, Buckingham & Vega Law Firm is here for you. As a top personal injury law firm in New Mexico, we take matters of medical malpractice seriously, and we do not rest until justice is served.

Time is already running out on your ability to file a medical malpractice lawsuit. Don’t lose your right to compensation, contact us today to schedule a free consultation to discuss your legal options.