You can file a medical malpractice lawsuit without a lawyer in New Mexico; however, that does not necessarily mean you should. When you choose to represent yourself, also known as pro se, the court will hold you to the same standards as a licensed attorney. This means you will be expected to possess the same skill set and knowledge as a seasoned legal professional who has been practicing in this field of law.
Medical malpractice cases are unusually complex and challenging to navigate. That’s why we recommend working with an experienced lawyer at Olson Personal Injury Lawyers—so you can focus on healing while we handle the legal process for you. For more information and to get started on building a compelling case, call us at (505) 391-8978 today.
Key Takeaways
- While you can file a medical malpractice lawsuit without a lawyer in New Mexico, representing yourself comes with significant risks, as the court will hold you to the same standards as a licensed attorney.
- Medical malpractice cases are complex and require expertise in medical terminology, securing expert testimony, and navigating legal procedures, an experienced lawyer can help you avoid common pitfalls.
Requirements To File a Malpractice Claim in New Mexico
It is essential to understand the necessary procedures to successfully file a medical malpractice claim. These are the actions you will need to take, which an attorney could help you complete:
- File with the New Mexico Medical Review Commission: Before you can file a medical malpractice lawsuit in court, you must apply to the MRC.
- File within deadlines: Adhere to the statute of limitations, which is three years from the date of the incident per NMSA 1978, § 41-5-13
- Secure expert testimony: While New Mexico does not require a formal affidavit of merit at the filing stage, expert testimony is typically necessary to prove the standard of care, breach, and causation.
- File a complaint in district court: If the MRC finds substantial evidence, you can file suit in state district court within 30 days of their decision or within the original limitations period, whichever is later.
- Follow New Mexico Rules of Civil Procedure for notice, pleading, and service: Once you file your formal complaint in the district court, you must legally notify each defendant that they are being sued.
A medical malpractice attorney could handle your New Mexico lawsuit and each step of the process while you focus on healing.
Are There Benefits To Filing Your Own Claim?
If you choose to represent yourself in court, you may save money on contingency fees and upfront consultation costs that many law firms have. However, most claimants still lose more money by going without counsel.
At Olson Personal Injury Lawyers, we offer a Zero Fee Guarantee. This means no upfront costs, and you only pay if we win your case.
The Risks of Filing Without a Medical Malpractice Attorney
You may face numerous risks when you choose to file a medical malpractice claim without a lawyer’s representation in New Mexico. Some of the most common challenges that pro se plaintiffs deal with include the following:
- Understanding complex medical terminology
- Navigating the statute of limitations
- Securing a qualified medical expert, as required by state law
- Meeting pre-litigation review panel requirements
- Risk of case dismissal due to procedural missteps
- Settlement negotiation disadvantage
Our compassionate and hardworking attorneys can handle these legal burdens with ease on your behalf. Do not hesitate to reach out today with any questions you may have.
Sean Olson
“Medical malpractice cases are difficult, expensive, and time-consuming. They require expertise from outside physicians and other experts to determine what went wrong. Because of this complexity and cost, many attorneys shy away from these cases.”
Speak With a New Mexico Medical Malpractice Lawyer Today
There is no cost or obligation when you choose to work with Olson Personal Injury Lawyers. Our team possesses the experience and skill set necessary to guide your case from start to finish, and our case results speak for themselves.
Call us today at (505) 391-8978 or contact us online for more information.
