Albuquerque Medical Malpractice Lawyers

Medical Malpractice in New Mexico

Do I Have a Case?

Under New Mexico law, health care providers are required to adhere to the accepted standards of care when treating patients. Adhering to the standard of care means that a doctor must act in accordance with how most physicians would handle a similar situation when it comes to diagnosing and treating. 

If your doctor failed to treat you according to the standard of care and you were harmed as a result, you may be owed compensation for medical malpractice.

Medical malpractice cases can be difficult to negotiate and litigate because of the proof that’s required. A medical expert witness is almost always needed, which can be expensive and hard to find. The defendant in your claim could also vary or potentially include multiple people or entities, such as a doctor, hospital, medical facility, or more. 

The only way to successfully navigate this type of claim is to work with an experienced medical malpractice attorney in Albuquerque, like those at Buckingham & Vega Law Firm.

Medical Malpractice Claims We Handle

Our Albuquerque medical malpractice lawyers have decades of experience handling a wide range of negligence-based claims involving hospitals, private practices, surgical centers, and long-term care facilities. 

Common types of cases we handle include:

• Diagnostic errors – Including misdiagnosis, missed diagnosis, delayed diagnosis, and failure to diagnose conditions such as cancer, stroke, or infection.
• Failure to treat – Including failure to administer timely interventions, monitor symptoms, or escalate care when a patient’s condition deteriorates.
• Surgical errors – Including wrong-site surgery, retained surgical instruments, preventable infections, and errors in post-operative care.
• Gallbladder surgery mistakes – Including failure to identify critical anatomy, severing the wrong duct, and other preventable complications during cholecystectomy procedures.
• Birth injuries – Including cases involving cerebral palsy, brachial plexus injuries, delayed C-sections, and failure to monitor fetal distress.
• Anesthesia errors – Including failure to monitor, dosage mistakes, or failure to identify patient risk factors.
• Medication errors – Including prescribing the wrong medication, incorrect dosages, drug interactions, or pharmacy negligence.
• Hospital negligence – Including falls, bedsores, understaffing, and failure to properly train or supervise staff.
• Medical record errors – Including incorrect documentation of medications, allergies, test results, or diagnoses.
• Cross-contamination and infection – Including infections due to unsanitary equipment, improper sterilization, or negligent hygiene protocols.

We also represent families in wrongful death cases when medical negligence results in a patient’s death.

Common 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

Victims of medical negligence may be entitled to significant compensation for both financial and non-financial losses:

• Economic damages: Medical expenses, future care costs, lost income, and diminished earning capacity.
• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.
• Punitive damages: In rare cases involving extreme misconduct or recklessness, punitive damages may be awarded to punish the wrongdoer.

What to Do If You Were Injured by Medical Negligence

If you were injured while seeking medical care and are now dealing with things like lost wages, related bills, emotional distress, and more, you have legal 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 may feel understandably daunting. The good news is that you do not have to go through this process alone. Our medical malpractice lawyers in Albuquerque 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 charge legal fees unless we win your case.

Understanding Your Rights & Legal Deadlines

New Mexico law gives patients just three years to file a medical malpractice lawsuit. This statute of limitations typically begins on the date the alleged malpractice occurred. However, some exceptions apply, especially when the injury or negligence wasn’t discovered right away.

This is where New Mexico’s discovery rule may come into play. If a patient doesn’t immediately know they were harmed (as is common in cases involving misdiagnosis, surgical errors, or failure to treat), the three-year clock may start on the date the malpractice was discovered – not when it actually happened.

Important questions that can impact your timeline include:

• When did the negligent act occur?
• When was the injury discovered?
• Who made the discovery—was it you, another doctor, or someone else?

In rare cases, certain legal protections for qualified health care providers or waivers patients may unknowingly sign can complicate these timelines even further. That’s why it’s essential to speak with an experienced medical malpractice attorney as soon as you suspect wrongdoing.

If your injury involved a failure to diagnose or a misdiagnosis, you may still have a case, even if some time has passed. These are among the most complex and contested types of medical malpractice claims, but they are also among the most damaging for patients and families.

Don’t assume you’re out of time. Medical malpractice cases are time-sensitive and fact-specific. Let our team evaluate your situation and determine if you have a valid claim.

Why Choose Buckingham & Vega to Handle Your Case?

When looking for a medical malpractice law firm 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 compensation you deserve.

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

Call For a FREE Consultation: (505) 388-0066

With offices in Albuquerque and across the Southwest, Buckingham & Vega Law Firm is a trusted name in medical malpractice litigation. We’ve recovered millions of dollars for victims and families in New Mexico and have successfully taken on hospitals, physicians, and insurers in high-stakes cases. 

Our experience, resources, and track record allow us to handle even the most complex medical claims, and we’re here to help you understand your rights.

Contact us today at (505) 388-0066 to schedule your free consultation.