When one is injured due to medical malpractice, an attorney needs to be retained immediately as the state has established time limits for the filing of a medical malpractice case. An experienced Medical Malpractice Attorney in Albuquerque NM can explain the time frame for various cases. In addition, this Medical Malpractice Attorney can review the case and discuss limits on damages within the state. As this does vary by state, one cannot assume they know the facts. It’s best to seek the assistance of a Medical Malpractice Attorney in Albuquerque NM so the case can be filed in a timely manner and the proper damages requested.
In New Mexico, the state allows medical malpractice cases to be filed for a period of three years from the date of the injury. The problem with this is the injury may not become apparent for a period of time, possibly days, weeks, or months. The attorney reviews the facts of the case to determine when the statute of limitations will expire. For a child who is six or younger when the injury occurs, the malpractice case must be filed before their ninth birthday.
The state also has laws in place concerning medical malpractice suits. The jury is responsible for deciding how much the defendant(s) in the case must pay, but limits have been placed on certain economic damages and non-economic damages. Economic damages aren’t limited to a specific dollar amount, but future medical bills are restricted to the actual amount of the bill. The jury cannot speculate as to how much these bills will be, but the defendant will be responsible for paying them when they come due.
For non-economic damages, the injured party cannot receive more than $600,000. Non-economic damages are those paid out for the injured party’s pain and suffering, any loss of consortium, and loss of quality or enjoyment of life. This does not include compensation for the medical bills discussed above, most quantifiable financial losses, and lost income.
Furthermore, the law states one defendant cannot be made to pay more than $200,000, no matter how much the damages amount to. If the damages are greater than what the defendant(s) is required to pay, the money is paid out of the New Mexico Patient Compensation Fund. Speak to an attorney to learn more about these laws and how they pertain to your case as accurate information is essential. Visit website name to know more!
