Some New Mexico residents may hesitate to take legal action after the death of a loved one in which a doctor, nurse or some other hospital personnel is suspected of making a mistake. You might be one of them. In many of those cases, it is because of unfounded rumors about medical malpractice claims. The fact of the matter is that you should not believe everything you hear.
One of those myths might be that many medical malpractice claims are frivolous. The fact is that most people are reticent to file claims without an abundance of evidence pointing to negligence that caused or contributed to serious injuries or death. The National Institute of Medicine reports that hundreds of thousands of people suffer injuries and approximately 100,000 people die as the result of a medical mistake every year. Even so, only about 6 percent of the civil lawsuits filed across the country each year are for medical malpractice.
Researchers at the Harvard School for Public Health examined approximately 1,500 medical malpractice claims and concluded that no more than 3 percent of them lacked the elements necessary to establish liability on the part of a health care professional. A trial or settlement could take years to happen, and your attorney should tell you so before you embark on this journey. That does not mean, however, that you should not proceed.
Medical professionals who make mistakes that cost people their lives or cause serious and permanent injuries to their patients due to negligence or failing to meet the current standard of care may be financially responsible for their actions. Filing a medical malpractice claim could not only provide you with the financial restitution you need, but could also prevent another New Mexico resident and/or family from going through a similar experience. Before you discount exercising your legal rights, talk to an attorney who can give you the facts about this type of litigation and let you know whether this is a remedy you should pursue.