Albuquerque Medical Malpractice Lawyer
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When healthcare professionals make errors while caring for you or a loved one, it can result in unexpected complications, additional treatment to correct the mistake, physical trauma, expensive medical bills, lost income, and uncertainty about your future. Also, knowing your medical provider was careless with your health can be distressing for you and your family.
At Olson Personal Injury Lawyers, our focus is on helping people seek justice. If you were harmed by a healthcare provider’s negligence, our Albuquerque medical malpractice lawyers understand the struggles you’re facing and know what steps to take to hold negligent practitioners accountable. We’ll conduct an investigation, gather evidence, and build a strong case to pursue the compensation you need and deserve.
Call (505) 391-8978 or use our online form to schedule a free consultation with our team today.
Table of Contents
- What To Do if You Suspect Medical Malpractice
- 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
What To Do if You Suspect Medical Malpractice
If you believe you suffered harm due to malpractice, you can help protect your rights by taking these steps:
- Document everything: Write down dates, provider names, conversations, and how your injury occurred while details are fresh.
- Gather records: Request copies of relevant medical charts and bills from the hospital.
- Build a timeline: Note when symptoms first appeared or when the injury was discovered.
- Act quickly: New Mexico gives you three years to file a legal claim, but waiting too long can put time-sensitive evidence at risk.
Even if you signed an informed consent form, it does not give providers a license to be negligent, and you may be entitled to financial relief. Our skilled legal team has insider knowledge to advocate for you. One of our attorneys, Matthew Broderick, previously defended doctors and insurance companies at a major national defense firm. This gives us an added advantage and insight into how the other side will try to minimize claims.
Why Hire Olson Personal Injury Lawyers for Your Albuquerque Medical Malpractice Case?
Medical malpractice claims are often complex and involve sensitive details. Aggressive insurance companies will also try to make it difficult for you to handle a claim on your own. Our Albuquerque medical malpractice attorneys have extensive experience with these cases, providing support and guidance to our clients when they need it most.
We know it can be a difficult decision to take legal action against a healthcare provider. We offer free and confidential consultations to listen to your story, answer your questions, and explain your legal options without judgment or any obligation to work with us.
If you decide to move forward with Olson Personal Injury Lawyers, we’ll gather crucial evidence and calculate the full cost of the harm you endured. We understand the standard of care legally required of medical professionals and how to prove that their negligence led to your suffering. We take care of the legal work so you can focus on healing.
What To Expect When You Work With Our Medical Malpractice Lawyers in Albuquerque
We treat each case as if it were our own, focusing on an unwavering customer experience and outstanding results that can help you and your family move forward.
Here’s what you can expect when you trust us with your Albuquerque medical malpractice claim:
- We come to you: Whether you are at home or in a medical facility, we can travel to your doorstep or connect with you over the phone or via a virtual meeting.
- 30-day guarantee: You can try us for 30 days before you commit. If you’re not satisfied, you can terminate your agreement with no penalty or financial obligation.
- No win, no fee: You pay no legal fee unless we secure compensation for your claim.
- Boutique firm: We’re small enough to provide personalized service, yet have the knowledge and resources of a larger firm.
- Client communication: We provide monthly updates and constant availability to ensure you’re informed and empowered.
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 exercise the skill and diligence that a reasonable provider in their position would 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 can lead to liability for damages.
Examples of Medical Malpractice
Our team has seen how medical malpractice injuries can deeply affect victims and their loved ones. Medical malpractice lawsuits we’ve handled have involved:
- After a doctor stopped their life-saving medication, our client suffered a spinal cord injury.
- Our client required a liver transplant after a doctor failed to follow proper procedures when draining a cyst, leading to a biliary anatomy injury.
- After complications from gallbladder removal surgery, our client sustained life-altering injuries and spent months in the hospital.
- Our client suffered injuries after a surgical sponge was left inside her body following a C-section.
It’s important to understand that not all poor medical outcomes are considered medical malpractice. Our team must show that the practitioner failed to meet the standard of care and that this breach of duty caused your injuries and damages.
What Damages Can You Recover After a Medical Malpractice Case?
Based on your circumstances, there are several types of compensation you can pursue in a medical malpractice case. These include 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
Economic damages have no limit, and the Patient Compensation Fund can 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
Non-economic damages have a $750,000 damage cap for independent practitioners and $6 million for hospitals and outpatient health facilities. Non-economic damages can include 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 can include additional compensation for funeral and burial costs and loss of companionship.
Our medical malpractice lawyers in Albuquerque will help you determine the value of your case and advise you on the amount and type 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
Medical errors take many forms. Our team handles a wide range of medical malpractice claims, including:
- Misdiagnosis or delayed diagnosis: Failing to recognize serious illnesses, such as cancer or heart attacks
- Surgical errors: Performing wrong-site surgery, damaging nerves, or leaving instruments inside patients
- Anesthesia errors: Administering dangerous dosages or failing to track vital signs during procedures
- Medication errors: Prescribing the wrong drugs or incorrect dosages
- Birth injuries: Harming newborns through improper delivery techniques, resulting in cerebral palsy, Erb’s palsy, and other injuries or medical conditions.
- Failure to monitor or follow up: Ignoring patient distress signals or failing to track healing progress after a procedure.
- Infections, bedsores, and hospital-acquired conditions: Allowing preventable infections to spread because of unsterile environments, or causing painful pressure ulcers through patient neglect.
- Defective equipment or patient-identity errors: Utilizing malfunctioning medical devices during treatment, or mixing up patient records, which leads to the wrong person receiving treatment.
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. We’re here to listen to your story, provide answers to your questions, and walk you through what you can expect throughout the duration of your case.
Board Application
If your claim is against a qualified healthcare provider, state law requires claims to go through the New Mexico Medical Review Commission before filing a lawsuit. However, as of July 2021, claims involving hospitals or outpatient healthcare facilities no longer have to go through the Medical Review Commission. These cases can be filed directly in court without the initial review process.
Medical Review and Affidavit
Our lawyers work with qualified medical consultants 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. This includes medical records, witness statements, hospital logs, and other details that can strengthen your case.
File a Lawsuit
Once we have gathered the necessary evidence and obtained the appropriate expert opinions, 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 medical malpractice settlement. However, we are always prepared to take your case to trial if it becomes necessary.
Trial and Verdict
As experienced trial lawyers first, we are ready to present your case in court and fight for the maximum compensation you deserve. Our goal is to achieve meaningful case results that help our clients cover their losses and begin rebuilding their lives.
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
- Other licensed healthcare facilities, if qualified under the New Mexico Medical Malpractice Act (MMA)
Medical malpractice often involves holding multiple parties responsible. We will thoroughly investigate your case to hold all negligent individuals and institutions accountable for any wrongdoing.
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 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.
Further Reading: Can You File a Medical Malpractice Lawsuit Without a Lawyer in New Mexico?
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.
Further Reading: Understanding Medical Malpractice vs Negligence
Do I Need an Expert Opinion or Affidavit of Merit?
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 with 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 in New Mexico as 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 or call (505) 391-8978 to schedule a free, no-obligation case review.
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