Curtis & Co. Curtis & Co.
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What Is Medical Malpractice? 

“Medical malpractice” refers to any deviation from the standard of care that results in injury, illness, or death, as well as financial harm. The “standard of care,” meanwhile, refers to actions another qualified medical provider would take and would not take in the same or similar circumstances. 

Simply put, it is not enough to prove that you did not get better after seeking medical treatment. Instead, you must prove that the doctor or medical provider who treated you failed to take the same actions another qualified provider would have taken and/or took actions another qualified provider would not have taken in the same or similar circumstances. 

Some examples of medical malpractice include: 

  • Failing to consider a patient’s medical history 
  • Dismissing or ignoring a patient’s symptoms 
  • Improper communication or failure to communicate
  • Misreading or improperly analyzing lab results
  • Misdiagnosing or failing to diagnose a medical condition
  • Delaying treatment of a medical condition 
  • Triage errors and other emergency room mistakes
  • Allowing dangerous medical providers to continue practicing 
  • Failing to discipline providers who violate the standard of care

These are just some examples of medical malpractice, but there are many more. If you were injured or suffered serious health complications, and you believe that a medical provider or facility’s negligence is to blame, contact our Albuquerque medical malpractice lawyers as soon as possible. 

Legal Awards
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  • America's Top 100 Attorneys
  • Top 100 National Trial Lawyers Association
  • Million Dollar Advocates Forum
  • The National Trial Lawyers - Top 100 Trial Lawyers
  • New Mexico Trial Lawyers Association & Foundation
  • US News Best Law Firms 2022
  • Medical Malpractice Top 25 Trial Lawyers
  • AAJ Leaders Forum

What Sets Us Apart:

  • 25 Years of Experience
    Founding Attorney Lisa K. Curtis has pursued law since the young age of 6. This is all we've ever wanted to do, and we've done it well for decades.
  • Treating Clients Like Family
    We're a smaller firm so we can give our clients the focus and attention they deserve. You've been wronged, and we stop at nothing to make it right.
  • Compassionate, Capable Advocates
    We know how difficult it is not only to experience the injustice you did, but to be brave enough to move forward. We're here with you every single step of the way.
  • Committed to the Well-Being of New Mexico
    New Mexico is and always has been our home and chief priority. Our families go back centuries here, and we look to better this community with every move we make.

How We Investigate Medical Malpractice Claims 

At Curtis & Co., we investigate all potential medical malpractice cases with the help of an in-house registered nurse and licensed physician. If we investigate a claim and determine that there is no case, we will explain what happened to the patient—even if the doctor would not. If, however, our investigation shows there has been malpractice that caused serious harm or death, we will accept and pursue the case in an effort to hold the wrongdoer accountable to the patient and their family.

When we accept a case, we explain to the negligent healthcare provider that our investigation has proven that they wronged their patient. The wrongdoer has the opportunity to voluntarily be responsible to their patients and compensate for the harm they have caused. If they refuse, we will bring a lawsuit, which will have an impact on the negligent healthcare provider.

Pursuing Your Case in Court 

When negligent healthcare providers refuse to be responsible to their patients, we can file a lawsuit through the civil justice system to hold the wrongdoer responsible to their patient and their family. Most cases settle at some point during litigation, but if the doctor or hospital remains unreasonable and irresponsible, we are prepared to go to court and have a jury of peers determine justice. 

We are experienced trial attorneys and have faith that most juries do the right thing by granting justice to the patients for the wrong they have suffered. Making sure you get the justice you deserve is our number one priority. We are a team of knowledgeable, experienced trial attorneys with a successful record of fighting aggressively to win.

Before we accept a case, we will secure the medical records and investigate the diagnosis, timeline for treatment, and the circumstances that you believe led to the injury or death of your loved one. If we do not feel you have a rock-solid case for a medical negligence claim, we will tell you so honestly.

What to Do If You Think You Have a Medical Malpractice Case

If you believe that your injuries or the death of your loved one were the result of medical malpractice or negligence, there are several things you should do to protect yourself, your rights, and the future of your case. 

If you are able, try to do the following: 

  • Seek Medical Attention: If you are suffering from an injury, health complication, or if something just feels “off,” see a doctor as soon as possible. You may wish to see a different provider than the one who initially treated you for further treatment or a second opinion. 
  • Preserve Evidence: Please keep all text messages, voicemails, and recordings of any conversations with doctors, nurses, or any healthcare providers so that they can be shared with us or any attorney that you speak to about your potential case. They can be important additions to what healthcare providers write in a patient’s medical records. Many times, medical records are incomplete or do not document important aspects of a patient’s care. These records can be critical to let everyone know what actually happened to a patient during their care. 
  • Consider Requesting an Autopsy: The majority of our clients are families of patients who have died from acts of medical malpractice. It is a horrible and shocking situation for a family to be faced with making decisions immediately at the time of a loved one’s death. If you see this, we want you to know that an autopsy, which is such a hard thing to imagine, can help prove that malpractice caused your loved one’s death. As tragic a decision as an autopsy is, if a family can come to terms with an autopsy, we recommend it be done.
  • Contact an Attorney: As soon as you believe that your injuries or your loved one’s death may have been caused by medical malpractice, we recommend that you reach out to an attorney. Most medical malpractice attorneys, including ours at Curtis & Co., provide free consultations and case evaluations. During this initial meeting, you can ask questions, share information, and learn whether you may have a valid claim. Our firm only accepts cases we believe we can win. If we do not find evidence of malpractice after our investigation, we will let you know, and we will explain what happened. If we do believe you have a case, we will immediately begin preparing your claim and developing a personalized legal strategy on your behalf. 

Why Choose the Medical Malpractice Team at Curtis & Co.? 

Curtis & Co. has a dedicated group of professionals that have been working together for many years to investigate important issues and find justice for our clients. We offer free consultations during which time we can evaluate your case and provide personal information specific to your situation. We handle medical malpractice litigation cases on a contingency fee basis. This means you only pay us a pre-agreed percentage of the amount of money we obtain for you in a settlement or jury award. If we do not recover compensation for you, you do not pay at all. 

Call us at (505) 871-3740 anytime to discuss your case with one of our experienced Albuquerque medical malpractice lawyers. You can also reach us online using our secure contact form.

Medical Malpractice FAQs 

How much time do you have to file a medical malpractice lawsuit in New Mexico? 

The amount of time you have to file a medical malpractice lawsuit in New Mexico depends on the circumstances of your case. There can be notice requirements, as well as two- or three-year statutes of limitations, depending on the medical provider and other factors. Additionally, if the person harmed is a child, the statute of limitations is longer.  In some cases, you may need to provide an application to a panel before you can file a lawsuit in court. 

It is very important that you talk to an experienced lawyer who can help calculate the statute of limitations in your medical malpractice case. We invite you to contact Curtis & Co. as close to the time of the injury or death as possible so that evidence cannot be altered or destroyed. Understandably, This is not always possible. Often, the family or the patient needs time to heal or deal with the pain of loss before they can even consider finding out what happened. Our attorneys have extensive experience detecting altered records and uncovering the truth, regardless of cover-ups or efforts by the wrongdoer to destroy evidence.

What is a medical malpractice lawsuit? 

Medical malpractice lawsuits are brought when patients suffer medical injury or die as a result of an error in diagnosis, treatment, or procedure by a physician, licensed healthcare provider, staff member, or healthcare facility. Negligence is generally defined as failing to meet an accepted standard of care. It is not necessary for the physician, clinic, or hospital staff to act intentionally. For example, a doctor may puncture an organ during surgery, which may not be an instance of medical malpractice. However, failing to follow up and properly treat the patient, resulting in an infection, may be determined to be an act of negligence for which liability may be assigned to the doctor, as well as the clinic or hospital where the procedure took place. 

How do you know if you have a legitimate medical malpractice case?

People build up years of trust with their doctors and don’t typically make accusations of negligence lightly or quickly. In most cases of legitimate malpractice, the patient will have a strong feeling that something went tragically wrong. If you are unsure whether you have a valid claim, contact Curtis & Co. at your earliest convenience. 

What is considered medical malpractice? 

Doctors, nurses, and other healthcare providers are under constant pressure. Every day and night, they must deal with a full range of serious injuries, potentially fatal medical conditions, and common illnesses. The staff’s first priority is to recognize the seriousness of the injury or illness presented to them and make instant “triage” decisions regarding which patients can wait and which require immediate treatment.

Thankfully, the large majority of medical professionals are well-trained, conscientious, and get their diagnosis and treatment right. However, there are also ample numbers of cases in which a patient with a serious heart condition or exhibiting signs of stroke has been left in the waiting room because of a misdiagnosis. If the misdiagnosis or improper level of care does not meet the expected standard of care for an emergency room environment, the hospital and licensed medical professionals involved in the case may be held liable for medical negligence.

Essentially, if a medical provider fails to uphold the standard of care, and the patient suffers a serious injury or dies as a result, this likely constitutes medical malpractice. 

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