When healthcare providers or medical practitioners provide substandard treatment that leads to further injuries, there is a legal avenue that you can use to receive monetary compensation. However, the facility is not responsible for all the harm that you might suffer or less favorable outcomes resulting from the provision of a therapy. There are numerous forms of medical malpractice. These include:
- Mistakes in Treatment
This mostly happens when an otherwise competent medical practitioner commits a mistake during treatment, or fails to observe a crucial procedure. In as much as some mistakes may be obvious, others may be less apparent to you since you have little understanding of the medical practice.
- Improper Diagnosis
This comes into play when a doctor fails to diagnose a condition that later turns out to harm a patient. It happens when a doctor wrongly diagnoses a condition when other practitioners would have made the correct diagnosis. You can sue the facility and the practitioner who made the wrong call.
- Lack of Informed Consent
You have the right to make a decision concerning the type of treatment that you receive. Your doctor is legally obligated to provide you with adequate information pertaining to the treatment that he/she intends to offer. This will ultimately enable you to make an informed decision. When a doctor doesn?t obtain your consent before administering treatment, he/she can is responsible for medical malpractice and therefore, can be sued.
- Treatment Against Your Wishes
Medical negligence can also involve a practitioner administering treatment against your wishes. It is common for doctors to disagree with their clients over the best treatment option. You have the right to refuse medical interventions offered. Disagreements often arise due to doctors? belief that their actions are in the best interests of patients. Even if treatment is successful in the end, you can still sue the doctor for medical negligence.
New Mexico has a statute of limitations, which stipulates time limits within which a medical malpractice lawsuit can be filed. You can only file a lawsuit within three years. If the time limit elapses, your compensation claim will be declared null and void. New Mexico similarly has limits on medical negligence awards. Due to the technicalities involved in medical malpractice cases, it is imperative to speak to a lawyer who is experienced in handling such cases. This will enable you to qualify for a bigger compensation.