Medical Malpractice Lawyers in New Mexico
When Healthcare Goes Wrong, We Help Make It Right
Patients trust healthcare professionals with their lives. When that trust is broken—and someone is seriously harmed as a result—GPJ Legal is here to help. With over 35 years of experience in complex civil litigation, we represent individuals and families across New Mexico in medical malpractice claims involving negligence, delayed treatment, surgical mistakes, and more.
Our attorneys know how to take on hospitals and healthcare providers. We investigate thoroughly, work with trusted medical experts, and prepare every case for trial from the outset.
Our Medical Malpractice Services
We handle serious and high-impact claims involving failures in medical care, communication, and safety.
Physician Malpractice
Obstetrical Errors
Nursing Home Neglect
Surgical Errors
What is medical malpractice?
Medical malpractice is a cause of action related to medical negligence in providing health care. This medical negligence is done on behalf of a medical professional, like a doctor or other medical care provider.
What is the hardest element to prove in a medical malpractice case?
In a medical malpractice case, causation is generally the most difficult element to prove. This requires demonstrating that the doctor's negligence directly caused the patient's injury, a link that can be complex to establish due to multiple potential factors.
How do you prove medical negligence?
Not all failures to comply with the standard of care (also called a “breach” or “violation” of the standard of care) equate with medical negligence. Nor do all injuries to patients mean that a medical professional breached the standard of care. Rather, to prove that a patient’s injuries or harms were due to a healthcare professional’s medical negligence, the person must prove that:
1. The healthcare provider owed a professional duty to the patient;
2. The healthcare provider breached that duty (a breach of the standard of care);
3. The patient’s injury was caused by that healthcare provider’s breach; and
4. The patient suffered damages as a result of that breach.
What are some common examples of medical malpractice?
Some common types of medical malpractice include:
• Pregnancy care and labor & delivery management
• Hospital negligence
•Failure to diagnose a medical condition
•Failure to follow-up
•Failure to monitor
•Surgical errors
•Prescription errors
What is the statute of limitations in a medical malpractice case?
A statute of limitations is a law that limits how long a person has to file a lawsuit. In New Mexico, in most situations, an injured person has three years from the date of the healthcare provider’s negligence to file a medical malpractice claim. There are situations where the timeframe may be extended, but those are rare. To make sure your claim is filed timely, it is important to speak with an attorney as soon as possible.
What are “never events?”
In medical malpractice, some actions are considered worse than others. Never events are situations that should never happen under any circumstances.
Do I need to report medical malpractice to a certain organization or institution?
If you have suffered a medical malpractice injury or illness, you may need to report the injury to the doctor, nurse, or State Medical Practices Board. You should consult with an experienced attorney to discover what next steps must be taken.
Do I have a medical malpractice case?
If a doctor or hospital or other healthcare provider made an error in the care they provided, and the error caused or exacerbated an injury, and the error diminished your chances of a full recovery, and you suffered damages, you may have a claim for medical malpractice.
What is informed consent?
The specific definition of informed consent may vary from state to state. Generally, it means that a physician or other medical provider must tell a patient of all the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment. They also must obtain the patient's written consent to proceed.
How does a jury determine if a doctor's actions were negligent?
A jury will consider the testimony of experts, usually other doctors. They will testify whether your physician's actions followed standard medical practices or fell below the accepted standard of care. A jury may award noneconomic damages and punitive damages.
