Albuquerque Medical Malpractice Attorney Discusses Key Elements of a Successful Malpractice Case and Common Challenges
If you’ve been harmed as a result of negligence or error by a medical professional, you’re not alone. Unfortunately, medical malpractice is more common than it should be. The physical, mental, and financial damage you’re facing can feel overwhelming.
If you or a loved one are facing health challenges due to medical malpractice, Keller & Keller is here to help. We’ll bring to your case decades of experience and a dedication to seeking the maximum compensation possible to help you cope with your malpractice-induced injury or illness. An experienced Albuquerque medical malpractice attorney at Keller & Keller will work closely with you to evaluate your situation and discern what evidence is needed and what challenges your claim may face. Our compassionate medical malpractice attorneys care, and they’ll stand strong while fighting for the compensation you deserve.
What Is Medical Malpractice?
In simple terms, medical malpractice is when a medical provider causes injury to the patient through their own negligence, omission, or error. Medical professionals must meet the standard of care, a medical term laying out the minimum acceptable care and treatment that any medical professional is expected to provide for patients. The standard of care is laid out through evidence-based guidelines, and lawyers can often speak with similarly qualified doctors to determine what the appropriate standard of care was for a patient’s situation.
How Common Is Medical Malpractice?
Sadly, medical malpractice is not uncommon, with one out of three clinicians being sued for malpractice at some point in their careers. One study on clinical errors and medical negligence revealed that 3 – 16 percent of hospitalized patients worldwide suffer injury as a result of clinical errors and medical negligence.
Who Is Responsible in a Malpractice Case?
People typically think of their direct health care provider when it comes to malpractice cases. This can include doctors, nurses, surgeons, specialists, and other medical professionals. In some cases, however, the hospital or clinic may also be liable.
Other potentially liable parties may include medical equipment or pharmaceutical manufacturers, pharmacists, and insurance companies. Determining liability can be complex, but an experienced Albuquerque medical malpractice attorney can help walk you through the process.
Examples of Medical Malpractice
Medical malpractice can take on many forms. Types of medical malpractice include, but aren’t limited to:
- Misdiagnosis
- Failure to diagnose or delayed diagnosis
- Incorrect treatment or failure to treat
- Medication errors
- Defective medical equipment
- Surgery errors
- Anesthesia errors
- Birth injuries
- Lack of informed consent
- Lack of follow-up
- Wrongful death
Necessary Evidence to Prove Medical Malpractice
While medical malpractice is not uncommon, it can be difficult to prove. This is where a qualified Albuquerque medical malpractice attorney can step in to help. An experienced lawyer at Keller & Keller understands what types of evidence are necessary to prove medical malpractice and can determine what is needed for your specific situation.
In general, the following conditions must be met for a situation to be considered medical malpractice:
- Doctor-patient relationship. Evidence must prove that a doctor-patient relationship existed and the health care provider agreed to treat the patient.
- Breach of duty (negligence). You must prove the medical professional did not follow the standard of care.
- Causation. Your case must prove the patient’s harm or injury were directly caused by the medical provider.
- Damages. The patient must have clear damages (economic and non-economic) resulting from the health care provider’s negligence.
Types of Evidence
It’s important to note that the burden of proof lies with the person seeking compensation through a medical malpractice case. Your attorney may gather various types of evidence, including:
- Medical bills related to the harm or injury
- Medical records
- Paystubs showing loss of income
- Testimony from medical professionals or other experts
- Testimony from family, friends, or other individuals on how the damage has impacted your life
- Insurance documents
- Copies of correspondence with the health care provider
- Photo or video of the injuries
Common Challenges With Medical Malpractice Cases
There are a variety of challenges that come into play when pursuing a malpractice claim. You may face any of the following:
- It can be difficult to prove that the provider’s actions or omissions fell below the standard of care.
- Arguments may be made that the damage or injury was caused by a preexisting condition.
- If you have no documentation of symptoms, failure to diagnose or failure to treat can be difficult to prove.
- All parties involved may struggle to come to a shared understanding of all the medical terminology.
- Defensive medicine (ordering extra tests) can make it more challenging to prove medical malpractice and put an additional burden on the patient.
- Sometimes witness testimonies conflict.
- The insurance companies representing doctors and hospitals may pressure you to settle.
The statute of limitations for medical malpractice (three years in New Mexico) can be a stressor.
Keller & Keller’s Albuquerque medical malpractice lawyers will guide you through any challenges that arise in the course of your claim.
How an Albuquerque Medical Malpractice Attorney at Keller & Keller Can Help
Medical malpractice claims can seem daunting, but Keller & Keller is on your side. With our experience, knowledge, and compassion, we’ll help make this difficult time as stress-free as possible. We’ll walk you through the process, identify and work to overcome challenges, and gather the necessary evidence. Don’t wait; a caring Albuquerque medical malpractice attorney is just a phone call away to help you learn what you can do if you suspect medical malpractice. Find out how we can fight for your rights today.
