Early last month, an individual died as a result of Ebola. This was the first recorded death from the disease in United States history. The Associated Press reported that the patient arrived at a Texas emergency room and was discharged with only antibiotics. He came back to the hospital two days later and was diagnosed with Ebola and passed away.
The patient’s family wanted to initiate a lawsuit claiming that the hospital was negligent in its failure to admit the victim to the hospital when he first arrived. The hospital agreed that it was a mistake to release the individual, and it has provided all pertinent documentation.
The hospital and victim’s family entered into settlement negotiations and came to an agreement early last week that included a foundation in honor of the victim.
How to Establish Medical Malpractice in New Mexico
Medical malpractice cases are often complex and time-consuming. There are several elements that need to be met to determine if a case is even viable. First, in New Mexico there must be a doctor-patient relationship between the injured individual or family and the doctor. Many times, there are several professionals involved in the treatment of an individual, especially when surgery is involved, so it is important to establish this first requirement with regard to any doctor who may have been involved.
Then, the plaintiff needs to be able to demonstrate that the doctor or medical professional acted negligently. Negligence is a bit more complicated in medical malpractice cases because the plaintiff must show that the doctor did not abide by a standard of care that is expected of other medical professionals in the same specialty. This requires the presentation of a medical expert.
The negligence of the medical professional must have actually caused the injuries. The plaintiff must show that he or she was not previously suffering from some ailment that could have caused the injury. Many times, the defendant’s attorney will try and counter that there is not enough causation between the medical professional’s actions and the resulting injuries.
It is crucial to prove all of these basic elements and abide by all deadlines in order to even get the case to a judge or jury. The statute of limitations in New Mexico is strict, and if it is not met, the victim risks the ability to bring the case, since it will be barred by time limitations.
Have You Been Injured by the Actions of a Doctor or Hospital?
The Fine Law Firm is comprised of dedicated and diligent attorneys with a great deal of experience handling medical malpractice cases. If you or someone you love has been seriously injured or killed because of the negligence of the actions of a medical provider, you may be entitled to damages. Damages include compensation for your past medical bills, or future medical expenses, and other awards related to your injuries. Medical malpractice cases can involve a series of parties and a significant amount of investigation and preparation, and they can include complex legal theories. To assist you in your case, contact an attorney at our office at 505-889-3463 to set up a free initial consultation.
More Blog Posts:
Sleeping Driver Responsible for Fatal Lea County Accident, New Mexico Truck Accident Lawyer Blog, November 9, 2014.
Investigation Continues into Semi-Truck Crash that Killed Four Texas Student Athletes, New Mexico Truck Accident Lawyer Blog, October 13, 2014.