Medical Malpractice Frequently Asked Questions

Can you file malpractice against someone other than a doctor?

You can bring a medical malpractice suit against any individual or entity who provides health care, including physicians, medical specialists, nurses, technicians, physical therapists, optometrists, and chiropractors.

Do most cases go to trial?

While the majority of personal injury cases settle with no need for trial, medical malpractice suits tend to be more complicated.  Fewer malpractice cases settle on average than most other types of personal injury cases.

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How can I afford to hire an attorney to represent me?

Most experienced malpractice lawyers accept medical malpractice cases on a contingency fee basis and advance the expenses of the litigation, which can be substantial. That means you do not have to pay attorney fees unless the case settles in your favor. In general, though, you do need to pay your attorney's expenses associated with your case. Look for an experienced medical malpractice lawyer such as Doug and Mark Perrin of The Perrin Law Firm.

How can I find out if my doctor has been previously been sued for malpractice?

Check with the New Mexico medical licensing board to see if it has, and will release, information on your doctor.

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How do I obtain my medical records?

State law entitles you to copies of your medical records. You must submit a written request including your name, Social Security number, date of birth, and patient number or billing number, if applicable, to your medical provider. You may have to go several places to get the complete record, including your doctor, pharmacist, and others. You may have to pay a charge for copies. We can also help you obtain them.

Is there a minimum or maximum amount that can be recovered?

New Mexico statutes define a cap for damages for health care providers who qualify. There is no cap against other providers or hospitals. There is no minimum amount.

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What is the statute of limitations for a medical malpractice suit?

Statutes of limitations for medical malpractice cases are set by state law. In New Mexico, you have three years from the time of the injury or when you first could have learned of the malpractice. An experienced medical malpractice attorney can help you determine how the state's statute of limitations applies to you and your case. 

What does standard of care mean?

New Mexico defines defines the standard of care as what any reasonably well-qualified physician (or other health care provider) would have done in similar circumstances. Expert testimony at trial usually establishes this. That is why experienced medical malpractice law firms develop a corps of doctors and other members of the medical community to help evaluate cases and establish the level of acceptable performance in the early stages of the suit.

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Why do I have to have an expert establish that I was harmed?

Success in a medical malpractice case hinges on proof that the standard of care was not performed. New Mexico courts recognize experts with the experience, training, and knowledge of the level of care necessary for medical procedures and the ability of these experts to attest to or evaluate the standard of care provided to you.

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