Advances in medical science and technology have enabled healthcare professionals to diagnose and treat diseases and conditions more effectively, but medical practitioners and the public recognize that no procedure or medication can be 100-percent guaranteed. However, when an avoidable medical error results in injury or death, the responsible party can be held legally accountable and must compensate the patient.
Medical malpractice lawsuits usually involve complex scientific information, but most cases revolve around one important question: Did the practitioner follow the standard duty of care? All licensed and certified medical personnel, including surgeons, physicians, nurses, dentists, hospital staff and clinical technicians, receive rigorous training about the standard protocols and procedures in their fields. A successful medical malpractice suit must prove:
The healthcare professional breached the duty of care.
The patient sustained a serious injury.
The injury resulted from the failure to follow standard practices.
No 100-percent guarantee exists against human error, but healthcare professionals should take responsibility for making avoidable mistakes that have horrific consequences. Patients who expect to be healed can be permanently damaged due to medication-dosing errors, the failure to diagnose a condition, a mix-up in lab results or someone neglecting to follow hand-washing protocols. Manufacturing companies that put defective medical devices on the market can also be held accountable.
If you suspect that your injury is the result of medical malpractice, you should speak with a New Mexico personal injury lawyer as soon as possible, before the statute of limitations runs out. Our experienced attorneys understand the complexities of medical malpractice, and we can guide you through the process of making a claim.