How to deal with a medical malpractice case changes by state. Each state has their own statute of limitations, discovery rules, exceptions and, in some cases, extensions. For the best representation and outcome of your case, it is best to seek an attorney’s guidance. Having worked on a variety cases, the attorneys of Buckingham Barrera are committed to handling every case that comes our way from a place of integrity and compassion. Filing a case in itself is stressful as is, leave all the details and closing a case to our team of professionals.
The first thing to know when handling a medical malpractice case in New Mexico is that you have three years to file form the occurrence of the treatment or from the date in which it was discovered. There are some additional rules and exceptions as well. For minors under the age of six, they have until their ninth birthday to file. Once hitting the age of six, the three year rule applies the same as it would for adults.
Medical malpractice cases require extensive evidence and research in order to be completed. Since no medical professional is generally willing or upfront about misdiagnosing patients, improperly prescribing medication or overall malpractice inconsistencies, there is a long list of tasks to be checked off before a case is considered valid. Aside from the three year time limit, there has to be ample evidence that medical malpractice has taken place.
Not only do you have to prove that it occurred, but if you are filing after the three year time limit, you must also prove that you did not know injury or malpractice occurred until then. On top of proving yourself that you are in pain or at risk of further injuring yourself due to medical malpractice, there must also be an expert or professional on the indicated pain or injury to
provide research as to why you are experiencing such pain or injury. As you can probably tell, a medical malpractice case can be lengthy and exhausting.
The best way to go about handling a medical malpractice case is leaving it to an experienced group of attorneys. Here are two key best practices to notate:
- Don’t settle. When you know you or a family member is in need of medical treatment or care, ask around for certified and recommended doctors, hospitals and treatment centers. There are a scary amount of facilities and professionals who are not certified to work, yet are. There is no harm in asking for up-to-date certificates or licenses. Always err on the side of caution.
- Track the entire process. Document how you feel leading up to your treatment or surgery. Have a record, with pictures would be best, of your condition pre, during and post-surgery or treatment. Keeping a log of pain and/or progress is helpful too.
If at any point you or your family member should feel as though there is something wrong, it is best to seek medical advice and an attorney if medical malpractice is the issue in question. Often people do not discover or handle the unresolved issue because they think pain or discomfort is normal. That may be true in some cases, but it’s better to be safe than ignore a serious issue. When dealing with your health, no ache or pain should be too small to ignore. Take the reins on you and your family’s well-being and pay extra attention to what your bodies are saying, particularly after any major surgeries.
Remember, after three years a medical malpractice case may be constituted as invalid. On day one post-surgery, three years seems like a long time away; however, it will show up before you know it, especially if you find yourself in need of filing a medical malpractice case. Take responsibility for your recovery process and ensure that you are feeling, breathing, moving and functioning in the healthiest way possible.
If you ever find yourself in need of an attorney with extensive medical malpractice experience, call Buckingham Barrera today. Our history of medical malpractice cases have prepared us to represent you with the best possible team of attorneys, always working from a level of integrity and justice. Call today for a free consultation.