When you go to the hospital in New Mexico, it’s typically because you are sick or injured. You check in with the goal of receiving treatment to feel better and to ensure the injuries are attended to for proper healing. Unfortunately, in some cases, the situation not only doesn’t improve, it takes a turn for the worse. At Curtis & Lucero, we understand that if the hospital refuses responsibility for injuries caused while under their care, you need someone to fight for you.

According to the U.S. National Library of Medicine National Institute of Health, hospitals experience equipment problems, interruptions during the administration of medications and dispensing errors at the pharmacy. In situations where the failure to maintain a patient’s standard of care results in injury, a medical malpractice suit may be filed. Such circumstances include the following:

  • Injuries suffered during birth
  • Prescribing the wrong medicine
  • Failure to make the correct diagnosis
  • Inadequate treatment for a diagnosed condition

The statute of limitations determines whether a civil or criminal claim can be filed. The time limit begins when it is reasonable for a patient to know that they are damaged as a result of a previous hospital procedure. This is called the “discovery of harm rule.” The statute of limitations for medical malpractice is three years.

Today’s reality is that medical treatment can harm patients. It most frequently occurs during events associated with medication dispensing while patients reside in the hospital. Medical records, examination of the diagnosis and timelines are all factors of proving negligence. Visit our webpage for more information about this topic.