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Medical Malpractice

What Is Medical Malpractice?

Medical malpractice is a type of personal injury claim that is based on negligence. It occurs when a healthcare professional fails to provide an acceptable standard of care, leading to harm or injury to a patient. Filing a medical malpractice claim involves more than just submitting paperwork—it also requires gathering strong evidence to support your case. That’s why working with an experienced medical malpractice attorney can be a smart and effective step.

As the person filing the claim, you carry the burden of proof. This means you must present clear evidence that shows:

  • The healthcare provider had a duty of care to provide safe, informed, and reasonable treatment.
  • That provider breached their duty by acting negligently or recklessly.
  • Their actions (or failure to act) directly caused harm to the patient.
  • The patient experienced measurable physical injury and/or emotional distress as a result.

To build a strong case, collect all relevant documentation—medical records, communications with the provider, and even photos that show visible injuries or changes in condition. An attorney can help ensure nothing important is overlooked and that every detail supports your claim.

If you’ve lost a loved one due to medical malpractice, we are here to help guide you through the next steps and fight for the justice your family deserves.

What Qualifies as Medical Malpractice?

Medical malpractice occurs when a healthcare provider acts in a way that a reasonably competent and skilled professional would not. While this definition is intentionally broad—to cover a wide range of negligent or reckless behaviors—it can also make it difficult for patients to know whether their situation qualifies as malpractice.

Medical malpractice can take many forms, including:

  • Poor Communication: A doctor or medical professional fails to clearly explain a diagnosis, treatment plan, or risks, or leaves out critical information that affects the patient’s understanding and decision-making.

  • Unapproved Deviations from Treatment: A healthcare provider strays from the agreed-upon treatment plan without the patient’s knowledge or consent. This often occurs during surgeries or procedures, leaving patients feeling shocked or betrayed by changes they didn’t authorize.

  • Negligent Mistakes: Not all errors are intentional, but even unintentional mistakes—such as incorrect diagnoses, dosage errors, or procedural oversights—can cause serious harm. In the medical field, even small errors can have life-threatening consequences.

  • Patient Bias and Substandard Care: Sometimes, a provider’s personal biases lead to dismissive or inadequate care. For example, a woman experiencing severe pelvic pain may be told her symptoms are exaggerated or dismissed altogether. If a thorough exam could have uncovered a serious issue requiring emergency care, this type of neglect could be grounds for a medical malpractice claim.

If you believe you’ve been harmed due to a medical professional’s actions—or inaction—it’s important to speak with a medical malpractice attorney. They can help you understand whether your experience meets the legal standards for a malpractice claim and guide you toward justice.

Common Examples of Medical Malpractice

Medical malpractice can occur when a healthcare provider fails to act with the care and attention that a reasonably skilled professional would under similar circumstances—leading to serious harm or injury. Whether caused by miscommunication, negligence, carelessness, or even intentional wrongdoing, many cases involve preventable mistakes that put patients at risk.

Some of the most common examples of medical malpractice include:

  • Surgical errors
  • Prescription or medication mistakes
  • Improper care or unsanitary conditions
  • Birth injuries
  • Anesthesia errors
  • Misdiagnosis or failure to diagnose
  • Lack of informed consent
  • Negligent patient care

Many of these situations stem from simple negligence, often due to inattention, rushing through procedures, or overlooking important details—mistakes that can have devastating consequences in a medical setting.

If you believe you or a loved one has been a victim of medical malpractice in New Mexico—such as a surgical error, misdiagnosis, or birth injury—our Albuquerque medical malpractice attorneys are here to help. We’ll review your medical records, investigate the circumstances, and work to identify the negligent party responsible for your injuries. Let us guide you toward the justice and compensation you deserve.

Types of Damages in a Medical Malpractice Claim

When you file a medical malpractice claim, you’re seeking compensation for the harm you’ve suffered as a result of a healthcare provider’s negligence. These damages can cover both the financial and emotional impact of the malpractice.

Common types of recoverable damages include:

  • Pain and suffering
  • Lost wages
  • Reduced earning capacity (if your ability to work in the future is affected)
  • Medical expenses to correct the damage, including medications, treatments, or specialized equipment
  • Therapy or rehabilitation costs
  • Loss of consortium (loss of companionship or relationship with a loved one)
  • Emotional distress, embarrassment, or humiliation

Medical malpractice cases often go beyond physical injuries—they can be deeply emotional and traumatic. That’s why patients can pursue compensation not just for the cost of care, but also for the emotional and psychological toll the experience has taken.

If you’ve suffered due to medical negligence, a skilled attorney can help you understand the full extent of damages you may be entitled to and fight to recover the compensation you deserve.

Law Office of Frances Crockett Albuquerque New Mexico Civil Rights Attorney

Frances Crockett Carpenter

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