Just as doctors, nurses, and other healthcare professionals have a responsibility to uphold certain standards of care, so too do hospitals, emergency rooms, intensive care units (ICUs), and other medical facilities. When hospitals and hospital staff fail to provide patients with an acceptable level of care, leading to patient injury or death, these facilities can—and should—be held accountable. 

At Curtis & Co., our Albuquerque hospital malpractice lawyers have decades of combined experience representing victims of all types of medical negligence throughout New Mexico. If you experienced an injury, complications, or worsened health condition, or if your loved one passed away after being hospitalized and you believe he or she did not receive adequate care, contact our firm right away. You could be entitled to bring a medical malpractice lawsuit, but you have a limited amount of time to file your claim in court. 

What is Hospital Malpractice?

In the simplest terms, hospital malpractice is medical malpractice that occurs in a hospital or similar setting. This includes malpractice, negligence, and errors occurring in all hospital departments, such as emergency rooms, ICUs, maternity wards, long-term stay centers, and more. 

Some examples of hospital malpractice include:

• Diagnostic errors, such as misdiagnosis, delayed diagnosis, and missed diagnosis 
• Failure to treat and delayed treatment of medical conditions 
• Emergency room errors, malpractice, and negligence 
• Surgical errors, including wrong-site surgery and leaving behind foreign objects in the body
• Anesthesia errors and other medication mistakes 
• Birth injuries, including birth injuries to the mother 
• Hospital-acquired infections, such as pneumonia and sepsis 
• Failure to consider a patient’s medical and/or health history 
• Failure to obtain informed consent prior to a procedure or treatment 
• Failure to order proper tests 
• Misanalysis of diagnostic and other test results
• Premature discharge 
• Poor follow-up or aftercare 

Hospital and hospital staff are held to different standards of care than other medical facilities and professionals, such as general practitioners, dentist offices, and pharmacies. However, just like these other medical providers, hospitals can be held legally responsible when they fail to uphold standards of accepted care and patients are hurt or die as a result. 

When we go to the hospital, we expect nothing short of the highest level of medical care. Often, people who visit or stay in the hospital are dealing with serious or even life-threatening conditions. As such, when they do not receive an acceptable standard of care, the consequences can be severe. 

The consequences of hospital negligence are not just physical. Many victims experience significant financial challenges in the wake of receiving substandard medical care. The goal of a personal injury or wrongful death lawsuit is to recover financial compensation for physical, emotional, and financial losses related to the injury or the loss of a loved one. Together, these losses are known as “damages.” 

Common damages in hospital malpractice cases include: 

• Medical expenses 
• Future care costs 
• Lost income/wages
• Lost earning ability 
• Loss of future earnings 
• Pain and suffering 
• Emotional distress and anguish
• Funeral/burial expenses
• Loss of companionship, love, support, and counsel 

At Curtis & Co., we fight to recover the full, fair amount our clients are owed. We carefully evaluate your past and current losses, as well as the impact your injury or the death of your loved one will likely have on your future. This allows us to aggressively pursue a favorable settlement on your behalf. If necessary, we are even prepared to take your case to trial.