Albuquerque Medical Malpractice Lawyer
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We trust medical professionals to take care of us. Unfortunately, even these credible individuals can make errors in their practice, resulting in life-altering consequences. New Mexico is no stranger to medical malpractice. Some of the hospitals with the highest number of cases include Presbyterian Healthcare Services, University of New Mexico Hospital, and Gerald Champion Regional Medical Center.
Filing a medical malpractice case in New Mexico comes with unique complexities. For one, it requires a pre-suit Medical Malpractice Review Board application. Because of this, it is essential to work with the right attorney to assist you with the application and filing process.
If a health care professional’s negligence has hurt you or a loved one, contact our Albuquerque medical malpractice lawyers at (505) 391-8978 today.
Table of Contents
- Why Hire Olson Personal Injury Lawyers for Your Albuquerque Medical Malpractice Case?
- How Does New Mexico Define Medical Malpractice?
- What Damages Can You Recover After a Medical Malpractice Case?
- Common Types of Medical Malpractice in Albuquerque
- What To Expect When Filing a Medical Malpractice Claim in Albuquerque
- Who Can Be Sued in an Albuquerque Medical Malpractice Case?
- Albuquerque Medical Malpractice and Negligence FAQs
- How Common Is Medical Malpractice in Albuquerque, NM?
- Contact Our Albuquerque Medical Malpractice Attorneys Today
Why Hire Olson Personal Injury Lawyers for Your Albuquerque Medical Malpractice Case?
Olson Personal Injury Lawyers has a 99.6% success rate with cases. We have a proven track record of winning medical malpractice cases and have recovered millions for our clients in Albuquerque. With our zero-fee guarantee, you can feel confident knowing our team will fight for justice while you focus on healing, with no upfront costs.
Everyone deserves a fair chance to receive compensation for their injuries, and financial barriers should not hinder that opportunity.
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How Does New Mexico Define Medical Malpractice?
In New Mexico, medical malpractice occurs when a medical provider fails to meet the standard of care required in their profession, resulting in patient injury and compensable damages.
Doctors and other medical professionals owe their patients a duty of care, meaning they are expected to act with the skill and diligence that a reasonable provider in their specialty would exercise under similar circumstances. This is known as the standard of care.
The standard of care test can determine whether negligence took place. This test asks what a reasonable professional in a specific field would have done in the same situation. Failure to meet this standard may lead to potential liability for damages.
If you have been injured due to a doctor’s or hospital’s negligence, you deserve the best team at your side. Our seasoned medical malpractice attorneys in Albuquerque can guide you through the complex process of filing a claim.
How Does the New Mexico Medical Malpractice Act Affect Your Lawsuit?
The New Mexico Medical Malpractice Act, also known as the MMA or Medical Professional Liability Act, is a comprehensive state law designed to promote public health and welfare by making professional liability insurance available to health care providers.
This act mandates that the New Mexico Medical Review Commission screen all applications alleging medical malpractice against a qualified health care provider. However, as of July 1, 2021, the commission no longer reviews claims against hospitals or outpatient health care facilities.
Damage Caps
Damage caps exist for both providers and facilities. Independent health care providers are subject to a $750,000 cap on damages, excluding past and future medical care and related benefits.
Hospital and outpatient facilities have separate damage caps that change annually. Outpatient facilities that are not majority-owned and controlled by a hospital have a $750,000 cap in 2022 and 2023, increasing to $6 million in 2026. Facilities majority-owned and controlled by a hospital have a cap of $4,000,000 in 2022, rising to $6,000,000 in 2026.
The Patient Compensation Fund
The Patient Compensation Fund is a state fund to which health care providers contribute annually. It helps cover claims that exceed a provider’s own insurance coverage up to a set limit. The Medical Malpractice Act aims to have sufficient funds in the account by December 31, 2026. Hospitals that take part must pay their share by then. Starting in 2027, hospitals will still receive protection under the law, but they will no longer be part of the Patient Compensation Fund.
Affidavit and Expert Testimony Rules
In New Mexico, you do not need to file an affidavit or declaration when starting a medical malpractice lawsuit. But you will usually need an expert’s opinion later on to avoid having your case dismissed. If you plan to use an expert witness, you must share their name, what they will say, the facts and opinions they have, and their qualifications.
What Damages Can You Recover After a Medical Malpractice Case?
Several forms of compensation may be available in a successful medical malpractice case, including economic, non-economic, and punitive damages. Economic and non-economic damages are compensable, encompassing both tangible and intangible losses a person may experience.
Economic damages have no limit, and the Patient Compensation Fund may kick in to cover the following:
- Current and future medical expenses
- Lost wages from time off work and reduced earning capacity
- Out-of-pocket expenses
- Funeral and burial costs
Non-economic damages have a $600,000-$750,000 damage cap and consist of compensation for:
- Physical pain and suffering
- Emotional and psychological trauma
- Loss of quality of life
- Loss of consortium
In the case of especially egregious behavior, the court may award punitive damages to punish the defendant. Similarly, wrongful death cases may include additional compensation for funeral and burial costs and loss of companionship.
Our medical malpractice lawyers in Albuquerque can help determine the value of your case and advise on the amount of compensation to pursue. Get in touch with our law office today to begin a free case evaluation.
Common Types of Medical Malpractice in Albuquerque
Each medical malpractice case is different, but our legal team at Olson Personal Injury Lawyers is equipped to handle all of the following:
- Misdiagnosis or delayed diagnosis
- Surgical errors and wrong-site surgery
- Anesthesia errors
- Medication errors and dosing mistakes
- Birth injuries, such as cerebral palsy or Erb’s palsy
- Failure to monitor or follow up
- Infections, bedsores, and hospital-acquired conditions
- Defective equipment or patient-identity errors
Medical negligence can occur due to understaffing, fatigued medical professionals, or negligence. Regardless of the reason for the malpractice, the most crucial part is ensuring you receive justice.
What To Expect When Filing a Medical Malpractice Claim in Albuquerque
When you file a medical malpractice claim in New Mexico, several important steps will guide the process. Our Albuquerque medical malpractice attorneys are here to help with each one:
- Free Consultation: During an initial meeting, our team will review your case and determine whether you have a valid claim.
- Board Application: If your claim is against a qualified health care provider, state law requires claims to go through the New Mexico Medical Review Commission before filing a lawsuit.
- Expert Review and Affidavit: Our lawyers work with qualified medical experts to analyze your records and provide an opinion that supports your claim. While you are not required to file an affidavit at the start of the case, expert testimony is typically necessary later to prove your claim.
- Evidence Compilation: We will collect all necessary evidence to support your claim and connect your injuries to medical malpractice.
- File a Lawsuit: Once we have gathered the necessary evidence and obtained expert opinion, we will formally file your complaint in court within the required deadlines.
- Negotiate or Mediate: We will aggressively negotiate with the insurance company to reach a fair settlement; however, we are always prepared to take the case to trial if necessary.
- Trial & Verdict: As experienced trial lawyers first, we are ready to present your case in court and fight for the maximum compensation you deserve.
You are never just a case to us; our team is here to help you with every step of the litigation process.
If a medical professional’s negligence caused harm to you or a loved one, you deserve answers and justice. Our team is dedicated to helping victims of malpractice recover compensation for their losses. Contact us today for a free consultation.
Who Can Be Sued in an Albuquerque Medical Malpractice Case?
Medical malpractice lawsuits may involve individual providers, facilities, or both. Our legal team will evaluate your situation to identify all potentially liable parties, which may include:
- Physicians
- Surgeons
- Nurse Practitioners
- Registered Nurses and Licensed Practical Nurses
- Physician Assistants
- Certified Nurse Midwives
- Dentists
- Podiatrists
- Hospitals
- Outpatient Clinics
- Health Maintenance Organizations, or HMOs
- Ambulatory Surgical Centers
- Professional Corporations
- Professional corporations or other licensed health care facilities, if qualified under the Medical Malpractice Act
Medical malpractice often involves multiple parties. We will thoroughly investigate your case to hold all negligent individuals and institutions accountable.
Albuquerque Medical Malpractice and Negligence FAQs
How Long Do I Have To File My Medical Malpractice Claim in Albuquerque?
In most cases, New Mexico law gives you three years from the date of the alleged malpractice to file a claim. This deadline is governed by the New Mexico Medical Malpractice Act (MMA).
Some exceptions exist, including the discovery rule and cases involving minors. For injuries that were not discovered immediately after malpractice, the statute of limitations may be extended to three years from the date the injury was or reasonably should have been discovered. In addition, when minors experience malpractice, the filing deadline may be tolled until the individual reaches their 18th birthday.
Is It Worth Filing a Medical Malpractice Lawsuit?
Filing a medical malpractice lawsuit offers numerous benefits, including securing compensation, holding those responsible accountable, and providing emotional closure. A successful case can reimburse you for the tangible and intangible losses you experience as a result of the negligence. It also seeks justice from the at-fault parties and gives you closure to a traumatic experience.
How Are Medical Malpractice Cases Proved?
You can prove a medical malpractice case through four elements: duty of care, breach of duty, causation, and damages. The doctor or hospital involved has a duty of care to the public to prevent causing harm. When they make a vital mistake and injure a patient, they breach that duty.
Even if you prove this, you must still show a direct connection between their breach and your injuries. Additionally, your injuries must be converted into compensable damages, such as medical expenses and emotional trauma.
Do I Need an Expert Opinion or Affidavit of Merit?
In New Mexico, you are not required to file an affidavit of merit at the beginning of a medical malpractice case. However, expert testimony is almost always necessary to prove your claim. An expert, usually a qualified medical professional, must explain how the provider’s care fell below accepted standards and how that caused your injury. Without an expert opinion, most cases will not survive summary judgment or trial.
How Common Is Medical Malpractice in Albuquerque, NM?
Unfortunately, medical malpractice remains a persistent concern in New Mexico. According to research, New Mexico ranks second highest in the U.S. for medical malpractice lawsuits per capita. There is one lawsuit for every 14,000 New Mexicans, compared to the national average of one per 34,000.
Some of the New Mexico hospitals with the highest rates of medical malpractice include the following:
- Rehoboth McKinley Medical Center: In Spring 2024, a jury awarded $68 million to a patient following a botched hernia surgery—one of the state’s largest awards—plus punitive damages totaling $59 million
- University of New Mexico Hospital: In 2025, one individual received a $700,000 settlement from a lawsuit claiming she suffered a permanent leg injury at the hospital.
- CHRISTUS St. Vincent Regional Medical Center: This hospital has reported significant increases in malpractice premiums, ranging from 110% to 200%, following statewide cap reforms, alongside rising insurance costs.
Medical malpractice insurance premiums are approximately twice as high on average in New Mexico as they are in other states in our region, and these costs have been increasing rapidly.
Contact Our Albuquerque Medical Malpractice Attorneys Today
If a doctor or hospital has caused you harm, you deserve justice for your injuries. At Olson Personal Injury Lawyers, our dedicated legal team possesses the knowledge and experience to handle your case from start to finish.
We are proud to offer a Zero Fee Guarantee—you pay nothing unless we win—and we have achieved a 99.6% success rate across thousands of personal injury claims. From the first consultation through trial, we are committed to fighting for the justice and compensation you deserve.
Contact us today to schedule a free, no-obligation case review.
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