In New Mexico, all doctors must comply with the federal standard of care. This requires them to follow strict protocol when treating patients. The doctor cannot provide health care based on any personal beliefs of their own. The following defines how a medical malpractice case is managed by a personal injury attorney in Albuquerque, NM.
Explaining the Medical Error Completely
The attorney must obtain all records pertaining to the medical record. These define the exact error and how it was produced, and explain what failure the doctor committed that lead to their patient sustaining injuries. This could be due to surgical procedures, medical distribution, or a failure to diagnose at a treatable stage.
Presenting Medical Witness Testimony
A medical doctor with the same employment history and credentials must provide testimony from the victim. The witness reviews the patient’s files and determines where the doctor is liable. They also provide a full explanation of how these injuries can affect the patient negatively. This is vital for all medical malpractice cases and presents an additional insight into how the patient should have been treated.
Completing Mediation with the Hospital Board
Among the possibilities that could occur in these cases is a request for mediation. The hospital board can make this request if they wish to offer the patient a settlement. However, the attorney must review all settlement opportunities based on the potential award that the patient could receive.
Filing a Lawsuit Against the Doctor and Hospital
If mediation fails, the patient’s case will go to trial, where the doctors must present their cases for or against the patient. The jury will evaluate the findings for each side and make a comprehensive decision to determine what award the patient receives, if any.
In New Mexico, all doctors are restricted from providing any patients a lower standard of care. No doctor can act according to personal beliefs or preferences when treating their patients. Once a doctor-patient relationship is established, the doctor is liable for any injuries sustained. Victims of these medical errors contact a personal injury attorney in Albuquerque, NM through Carter & Valle Law Firm or click here for more info now.
