MEDICAL MALPRACTICE QUESTIONS

If you have specific questions regarding your case or whether you have grounds for filing a medical malpractice lawsuit, speak with our attorneys in a free case consultation. We can help you determine your next step and how you can hold your healthcare provider accountable for the damage they may have caused you. If you have general questions, the attorneys at Hampton & King have prepared a short list of common questions we often receive.

Do I Have a Case?

All medical malpractice cases hinge on meeting two conditions:

  • Was the standard of care ignored by your healthcare provider?
  • Did the failure to meet the standard of care directly result in your damages?

If you have a medical malpractice claim, you must be able to answer both of these questions with “yes.” Based on these questions, we can bolster your case with expert testimony and skillful legal representation.

You may want to call us to answer this question specifically, however, because our firm has a history of taking on cases that other attorneys believed were too risky or had little merit. In fact, our colleagues have numerous times referred clients to us because they believed if anyone could build a case for their claim, it was our firm.

How Much Time Do I Have for Bringing a Case?

In New Mexico, the Discovery Rule states that every patient has three years to file suit against their healthcare provider, starting from the day they discovered the malpractice injury or should have reasonably discovered their malpractice injury. This allows patients who suffer from less obvious conditions to file a claim long after the wrongful treatment was administered.

However, in New Mexico, there is an exception to the Discovery Rule. For “qualified healthcare providers,” patients have three years from the day of alleged malpractice to file their suit, regardless of discovery. This is possible under the Medical Malpractice Act, which some New Mexico medical professionals have opted into in order to have additional protections against malpractice lawsuits.

If you are not sure if your doctor was under the protection of the MMA at the time of your negligent treatment, speak with our attorneys. We will be able to help answer specific questions about your claim.

How Much Does it Cost to Bring a Medical Malpractice Case?

To handle a medical malpractice case correctly, litigation expenses can exceed $100,000. Some of that cost goes toward securing an expert and well-qualified witness for your case—a crucial part of any malpractice trial. Our Results page provides a specific look at the average costs that our successful cases incur. If you are wondering how you can afford the expenses associated with a malpractice case, do not worry—our firm shoulders the upfront costs and fees of all of our cases, so you do not have to pay anything. If your case is successful, the settlement will cover all litigation expenses, as well as our fees. You only pay if we secure a settlement or a jury award on your behalf.

How Much Is My Case Worth?

That cannot be determined except on a case-by-case basis. Our economists, life-care planners, and medical experts will be able to help determine what compensation you deserve for your injuries, including injuries to your emotional and mental state. Their calculations will help you know how much your injuries will cost for the rest of your life, adjusting for inflation and other difficult-to-predict factors.

Does a Poor Outcome Automatically Mean I Have a Malpractice Case?

Not necessarily. No doctor can guarantee positive outcomes for any medical procedure, no matter how routine or well-established. What a healthcare provider can promise is their commitment to meeting the highest medical standards possible under the circumstances. Failure to meet the standard of care is what medical malpractice seeks to make liable. Though tragic, not all poor outcomes are the result of poor treatment.

Did I Waive My Rights When I Signed a Consent Form?

Not at all. While you signed a form stating that you understand the risks of treatments and its possible outcomes, a doctor is unable to make you sign away your rights to reasonable standards of care. Every medical professional is liable for their own negligence—regardless of what you think your contract states. If you can prove that your doctor deviated from reasonable medical treatment, then you still have the right to bring a medical malpractice suit forward.

Even if you were told that no mistake was made, Attorneys Hartley Hampton and Chris King have a history of cutting through doctored documents and fake accounts in order to get to the truth. In one case, a hospital wrongly administered radiation to a prostate cancer patient, causing him severe bladder and rectal burns.

However, their records indicates no wrongful administration—in fact, it was so suspiciously perfect (according to our expert), that we had tests done on the paper the chart was printed on. Through our careful investigation, we proved the paperwork was doctored after the fact and secured a substantial settlement for our client. This is the sort of relentless, focused, and thorough representation you can expect from Hampton & King.

For more specific questions, feel free to consult our attorneys in a free case evaluation.