We place a great amount of trust in medical professionals. From invasive procedures to routine check ups and medication prescriptions, we rely on them to operate to the highest level of standards and provide precise, high-quality care. However, there are many instances in which medical professionals betray this trust and fail to perform duties to the best of their ability. This may lead to further injury or illness that directly affects a patient’s health and wellbeing—this is medical malpractice.
The most common types of medical malpractice include:
- Improper treatment
- Birth injuries
- Medication errors
- Failure to diagnose
- Misdiagnosis or delayed diagnosis
- Surgical errors
- And more
Identify Negligence, Establish Your Case
Medical malpractice is defined as “harm, injury, or death caused to a patient as a direct result of negligence, inability, or lack of competence.” To legally claim an Albuquerque medical malpractice case, you must prove that the provider did not provide proficient, skilled care and therefore, their inability resulted in harm. For a medical malpractice case to be brought to court, the provider’s negligence must be established in the form / forms of:
Violation of or Failure to Provide a Proper Standard of Care
Laws surrounding medical malpractice state that a medical professional is expected to adhere to certain, outlined standards of care within their industry and failing to do so is an act of negligence.
Injury as a Result of Negligence
A medical malpractice claim is verified if and only the provider’s negligence directly caused harm or injury to a patient and without such negligence, the patient wouldn’t have suffered. If the provider’s negligence does not result in harm or injury, it is not considered medical malpractice.
The Injury Resulted in Significant Consequences
Considerable damage was caused to the patient due to the harm or injury directly induced by a medical professional as a result of negligence.
Negligence principles surrounding medical malpractice cases help establish the validity of a case. In order to construct a successful argument and establish that negligence occurred, the following must be proved in a court of law:
- A relationship between the provider and patient existed
- The provider was negligent
- The provider’s negligence directly caused injury or harm
- The injury directly caused by the provider, led to specific damages suffered by the patient
Consult Albuquerque’s Best Medical Malpractice Attorneys: Vigil Law Firm
Though many suffer debilitating injuries or life-threatening illnesses as a result of medical malpractice, the majority of victims do not pursue a lawsuit because they are unaware of what medical malpractice entails and if it applies to their situation. At Vigil Law Firm, we examine every angle of your case to form a comprehensive and reputable case. Though medical malpractice cases may be technical and detailed, you can have confidence in a team whose expertise and knowledge will fight to earn you the justice you deserve!
It’s time to end your suffering! New Mexico has strict time deadlines surrounding Albuquerque medical malpractice cases, so you’ve got to act fast! Call (505) 243-1706 NOW and begin your fight with Vigil Law Firm!