When a patient passes away while under the care of a physician or other medical personnel, the natural reaction from family members and loved ones is to seek an understanding of the cause of death. Many times, a death is due to the severity of the patient’s illness. However, in other cases, it can be due to medical negligence. A recent article discusses some of the things that surviving family members in New Mexico may want to consider prior to filing medical malpractice litigation.
According to the article, one major reason that cases fail is that the incorrect party is sued. In today’s medical landscape, many physicians on a hospital’s staff are independent, and not employed directly by the hospital. In such a situation, suing the hospital may not be an effective way to pursue litigation.
Another aspect to consider is the strength of the evidence available. If the evidence of wrongdoing is not strong, even the tragic death of a patient is not enough to elicit any kind of sizable award. Additionally, family members may want to consider the time and money they have available to deal with what can be protracted legal matters. This can be especially true when going up against a large hospital system with deep pockets and high-powered legal teams.
None of these factors should prevent the family of a deceased loved one from filing a medical malpractice lawsuit, however. Those in New Mexico who believe that an act of medical negligence has resulted in the death of a loved one may want to consider contacting an attorney who focuses on medical malpractice litigation. An attorney whose practice primarily tries these kinds of cases could be in the best position to offer guidance on the legal options available.
Source: The Huffington Post, “6 Things You Should Consider Before Filing a Suit for Medical Negligence”, Toby Nwazor, May 24, 2016