When someone is harmed during the course of medical treatment, it can be a scary, hectic and confusing time. However, it can be vital for the patient or his or her loved ones to follow certain steps if they are considering filling a medical malpractice claim. In order for things to go smoothly, those in New Mexico may want to consider the following tips.
First, it is important to call the physician or other medical professional that was involved in the treatment prior to filing the claim. The goal of this call is to achieve a better understanding of what transpired that caused harm. In some cases, the doctor will provide care free of charge in order to find a solution to the problem.
If the first step does not solve the problem, contacting the state’s licensing board is a great next step. If the medical practitioner receives an inquiry or warning from this governing board, there is a good chance that he or she may be more amenable to working with the patient to correct a problem or find a solution for the health problem. Also, the state medical board will be able to suggest the best ways to escalate the issue if this step also proves to be ineffective.
Finally, if it looks as though the situation will proceed to a lawsuit, it is important that a patient or their loved ones find out how much time is available to file a claim. As a civil claim, it is subject to a statute of limitations, which is the length of time that a personal is legally allowed to file a claim. The statute of limitations can vary from state to state.
Though necessary in some cases, medical malpractice cases can be time consuming an expensive. Due to this fact, many cases in New Mexico are settled out of court. However, most who feel they have been injured by the negligence of a health care provider or facility seek the counsel of an attorney. An experienced medical malpractice attorney will be able to review the details of a person’s unique situation and discuss any legal options that are available to seek reparation from damage.
Source: FindLaw, “First Steps in a Medical Malpractice Case“, Accessed on Nov. 16, 2016