What Is Medical Malpractice?

The wrong diagnosis or a medical error can cost you your health or even your life. You trusted that the treatment provided by your doctor would make you better. But you came away wondering what went wrong and how this outcome could have been prevented. While many doctors provide quality care, some doctors do make preventable mistakes. Unfortunately, neither the doctor nor the hospital is likely to admit to an error. To determine what happened to you, you will need to have an experienced medical malpractice attorney conduct an independent investigation.

How Can a Lawyer Help My Medical Malpractice Case?

Attorney Bert Parnall and the legal team at Parnall Law have years of experience assisting
victims of medical malpractice in Central New Mexico. We understand the devastating effects a preventable medical error can have on a patient and his or her family. The Albuquerque medical malpractice attorneys at Parnall Law Firm, LLC are prepared to fight for you if you have been a victim of medical negligence. We offer a free case review to discuss your legal options.

At Parnall Law, we strive to be sensitive to our clients’ language preferences. It is understandable that you will want to discuss complicated legal and medical issues in the language that you primarily speak and with which you are most comfortable. Our bi-lingual staff includes attorneys and staff who speak Spanish fluently. We are ready to discuss your needs in the language that you prefer.

Contact Our Albuquerque Medical Malpractice Lawyers Today!

If you believe that you or your loved one has been injured as a result of medical malpractice, contact Bert today. We provide you with the legal guidance whether you were harmed as a result of a surgical error, an emergency room error, a medication error, a misdiagnosis or another type of medical malpractice. We will do everything possible to make negligent doctors and hospitals pay you for the harm you have suffered. Contact us today for help.

Contact Us Now to Discuss Your Next Steps Call (505) 268-6500 FREE CONSULTATION

What is Medical Malpractice?

Medical malpractice is improper, substandard or negligent treatment provided by a doctor, a nurse, a hospital or another health care professional.

In New Mexico, doctors, dentists and other medical professionals have a legal obligation to use their knowledge and skills with the care ordinarily used by other providers practicing under similar circumstances. To be successful in a medical malpractice lawsuit, the injured patient must show that the health care provider’s care fell below the recognized standard of care in treating patients.

Many people who turn to Parnall Law for help suspect a medical error occurred, but are uncertain whether their doctor committed medical malpractice. The patient does not know for sure what occurred, but wants to find out.

Our attorneys at Parnall Law have handled numerous malpractice claims in New Mexico. During a free case review, we will get an understanding of the facts regarding your injury and assess whether medical negligence may have occurred. If we suspect medical malpractice, we will have you sign a release form so that we can obtain your medical records for a more detailed analysis.

In general, the testimony of medical experts is necessary to establish the standard level of care in particular situations. For example, a doctor with limited supplies in a remote clinic in New Mexico may be held to a different standard than a specialist at a large hospital in Albuquerque.

Medical malpractice cases involve complex issues of law and medicine. Doctors and hospitals will zealously defend their reputations, so you will need a determined attorney who will fight for you and has experience handling these cases.

Medical Malpractice in the U.S.

Medical errors are a leading cause of death in Arizona and throughout the United States, accounting for 10 percent of all U.S. deaths.

Patient safety experts at Johns Hopkins University published research in 2016 indicating that more than 250,000 deaths per year are due to medical error in the U.S. This makes preventable medical errors the third leading cause of death.

Fight Back Against the Insurance Companies Call (505) 268-6500 FREE CONSULTATION

Causes of Medical Malpractice

All doctors and hospitals claim to focus on patient safety. But if hospitals do have safety protocols in place and if doctors and other health care providers do not follow the protocols, then preventable medical errors will occur because physicians are human. Some common types of medical errors include misdiagnosis or failure to diagnose, medication errors, injuries during delivery of a baby, and surgical errors.

This is box title
Diagnostic errors account for a largest portion of malpractice claims, the most severe harm and highest amounts of payouts, Johns Hopkins research found after analyzing 25 years of malpractice claims. Diagnostic errors include wrong diagnosis, missed diagnosis and delayed diagnosis. A misdiagnosis or delayed diagnosis may allow a cancer to spread and rob a cancer patient of the opportunity to control his or her cancer.
This is box title
A medication error is any preventable event that causes inappropriate medication use or patient harm. Medication errors including anesthesia errors are a common problem in hospitals. Medication errors may occur during the prescribing, dispensing and administration of prescription drugs. Some are caused by systemic problems such as the way medications are stored on hospital floors, making it easier for nurses to mix up medications or administer the wrong dosage.
This is box title
Preventable surgical errors including operating on the wrong body part, performing the wrong surgical procedure and accidentally leaving surgical tools such as sponges or clamps inside a patient. Many hospitals have put in place procedures to try to reduce surgical errors, but many patients still suffer harm from avoidable errors each year.
This is box title
Delivery teams must use care to prevent injury to infants during the birthing process. Doctors must plan for potential complications of a high-risk pregnancy and be ready to respond immediately if complications develop such as signs of fetal distress or an unexpected change in the baby’s position. The most common types of delivery room negligence involve delayed response by an obstetrician such as unreasonable delays in performing an emergency C-section and overly aggressive use of mechanical extraction devices.
This is box title
The failure to assess and monitor vital signs of a patient adequately, often caused by nursing shortages or understaffing, can lead to serious complications such as stroke, heart attack or internal bleeding.
This is box title
The complex design and operation of some diagnostic equipment and medical devices create a risk for equipment failures or operator errors by poorly trained equipment operators. Medical equipment failures are often a lack adequate maintenance by hospitals or lack of proper training of medical technicians.
Hear Our Client's Stories

What is the New Mexico Medical Malpractice Act?

The New Mexico Medical Malpractice Act offers health care providers various protections to deter or limit the number of medical malpractice claims. This involves submitting a claim to a panel of lawyers and health care providers for review before filing it in court.

While the panel’s findings are not binding and do not prevent a patient from subsequently filing a claim, the law does act as a hurdle for those who wish to file a malpractice claim against certain health care providers.

Because different rules and requirements apply depending on the provider, it is important to consult with a knowledgeable New Mexico malpractice attorney who understands the law and is experienced in handling medical malpractice cases.

Albuquerque Malpractice Compensation

If you have been injured by medical malpractice, you may be entitled to seek compensation for the harm you have suffered. You can seek to recover compensation for your medical expenses, loss of income and pain and suffering. You may be able to file a wrongful death lawsuit if a close family member died due to medical malpractice.

The state of New Mexico imposes a time limit on filing medical malpractice claims. You have three years from the date that the injury allegedly occurred to file a lawsuit.

The time limit for filing a malpractice lawsuit may be extended in cases where the patient did not discover the injury at the time it occurred. But the rules are different for qualified health care providers.

Lifetime Costs of Medical Malpractice Injuries

Every medical error case is unique. Some injuries have long lasting effects.

If a medical error has left you with a permanent disability or caused catastrophic injuries, the compensation sought in a medical malpractice lawsuit should take into account both the present and future costs of your treatment related to the injury.

It is important to take into consideration the lifetime costs including:

  • Future diagnostic tests
  • Medical care
  • Physical therapy
  • Assistive devices such as wheel chairs, hearing aids and power chairs
  • Adaptive devices to allow you to operate a computer with oral commands

Bert Parnall has dedicated his legal career to helping people who have been harmed by the carelessness or negligence of others. He has assembled a strong team of highly respected attorneys in Albuquerque, with the goal of holding negligent doctors and hospitals accountable when they harm patients.
Contact Parnall Law today to schedule a free legal consultation about your medical malpractice injury claim. Get your questions answered and a clear understanding of your legal rights.

We're Here to Help!® Call (505) 268-6500 FREE CONSULTATION