Are you a victim of medical malpractice?
At the Law Offices of Erika E. Anderson, we have experience with medical malpractice cases involving victims of all ages throughout the state of New Mexico. When a health care professional has caused injuries to you or a loved one through negligence, up to and including death, choosing the right law firm to represent you is essential in the pursuit of justice.
Contact us today to see if a medical malpractice suit is right for your situation.
You might be asking yourself, “What is medical malpractice?”
Medical malpractice is a legal cause of action that occurs when a medical or health care professional deviates from standards in his or her profession, thereby causing injury to a patient.
In common law jurisdictions, medical malpractice liability is normally based on the laws of negligence.
Although the laws of medical malpractice differ significantly between nations, as a broad general rule, liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. If a practitioner hires himself out as a specialist, a higher degree of skill is required.
Jurisdictions have also been increasingly receptive to claims based on informed consent, raised by patients who allege that they were not adequately informed of the risks of medical procedures before agreeing to treatment. As laws vary by jurisdiction, the specific professionals who may be targeted by a medical malpractice action will vary depending upon where the action is filed. Among professionals that may be potentially liable under medical malpractice laws are,
•Medical Practitioners – including physicians, surgeons, psychiatrists and dentists.
•Nurses, nurse practitioners, and physician assistants.
•Allied health professionals – including physiotherapists, osteopaths, chiropractors, podiatrists, occupational therapists, social workers, psychologists, pharmacists, optometrists, midwives, and medical radiation practitioners. (Medical malpractice, n.d.)
Is misdiagnosis medical malpractice?
Among the acts or omissions that may potentially support a medical malpractice claim are the failure to properly diagnose a disease or medical condition, the failure to provide appropriate treatment for a medical condition, and unreasonable delay in treating a diagnosed medical condition. In some jurisdictions a medical malpractice action may be allowed even without a mistake from the doctor, based upon principles of informed consent, where a patient was not informed of possible consequences of a course of treatment and would have declined the medical treatment had proper information been provided in advance.
Medical Malpractice Lawsuits
In many jurisdictions, a medical malpractice lawsuit is initiated officially by the filing and service of a summons and complaint. The parties subsequently engage in discovery,” a process through which documents such as medical records are exchanged, and depositions are taken by parties involved in the lawsuit. A deposition involves the taking of statements made under oath about the case. Certain conversations are not discoverable due to issues of privilege, a legal protection against discovery, but most conversations between the parties and witnesses are discoverable. (Medical malpractice, n.d.)•In the United States, tort lawsuits may be used to seek compensation for malpractice. Awards of compensation in the United States tend to be much larger than awards for similar injuries in other nations.
A no-fault system may provide compensation to people who have medical outcomes that are significantly worse than would be anticipated under the circumstances, or where there is proof of injury resulting from medical error, without regard to whether or not malpractice occurred. Some no fault systems are restricted to specific types of injury, such as a birth injury or vaccine injury.