We have been representing victims of medical malpractice throughout New Mexico since 2005. Call us 24/7 to learn how we can help you.
What is Medical Malpractice?
Medical malpractice refers to professional negligence or misconduct by healthcare providers, such as doctors, nurses, dentists, and other medical professionals, that leads to harm, injury, or even death of a patient. It occurs when the healthcare provider or hospital fails to provide the accepted standard of care, skill, or diligence that is expected in their profession.
To establish a medical malpractice claim, certain elements must typically be proven:
- Duty: The healthcare provider owed a duty of care to the patient. This duty arises from the provider-patient relationship.
- Breach of duty: The healthcare provider deviated from the accepted standard of care. The standard of care is based on what a reasonably competent healthcare provider with similar qualifications and experience would do in the same or similar circumstances.
- Causation: The breach of duty by the healthcare provider directly caused or substantially contributed to the patient's harm. It must be demonstrated that the harm would not have occurred in the absence of the healthcare provider's negligence.
- Damages: The patient suffered injuries, harm, or losses as a result of the healthcare provider's negligence. These damages can include physical pain, mental anguish, medical expenses, loss of income, and other related losses.
Types of Medical Malpractice
Medical malpractice can occur in various forms, including:
Misdiagnosis or Delayed Diagnosis
This occurs when a healthcare provider fails to correctly diagnose a medical condition or fails to diagnose it in a timely manner, resulting in harm to the patient. For example, a doctor might misdiagnose or fail to diagnose cancer, leading to a delay in treatment and a worsened prognosis.
Surgical Errors
Surgical malpractice can happen when a surgeon makes an error during a procedure, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing the wrong procedure altogether.
Medication Errors
This type of malpractice involves mistakes in prescribing, administering, or monitoring medication. Examples include prescribing the wrong medication, incorrect dosages, or failing to consider a patient's allergies or other medications that may interact.
Birth Injuries
Birth-related medical malpractice can occur when healthcare professionals fail to provide adequate care during pregnancy, labor, or delivery, resulting in harm to the mother or child. Examples include improper use of delivery instruments, failure to monitor fetal distress, or failure to perform a necessary emergency cesarean section.
Anesthesia Errors
Anesthesia malpractice can occur if mistakes are made during the administration or monitoring of anesthesia, leading to complications or injuries during surgery. Examples include administering too much or too little anesthesia, failing to monitor vital signs, or not considering a patient's medical history.
Failure to Obtain Informed Consent
Healthcare providers have a duty to inform patients of the risks, benefits, and alternatives of a proposed treatment or procedure. If a patient is not properly informed, and experience harm as a result, it may constitute a claim for failure to obtain informed consent.
Medical Malpractice vs. Medical Negligence
Medical malpractice and medical negligence are terms often used interchangeably, but they have subtle differences:
Medical Malpractice
What Sets Us Apart
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You Deserve Maximum CompensationOur team is committed to standing up for the injured in New Mexico. When you or your loved one have been harmed because of someone else's negligence, you don't just deserve compensation, you deserve justice.
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You Deserve an Experienced Legal TeamOur attorneys have handled thousands of cases and are true legal innovators when it comes to pursuing cases. We have the tools, resources, and knowledge to properly obtain maximum compensation on your behalf.
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You Deserve New Mexico AdvocatesAt Harvey, Foote & Baker we are New Mexico-based attorneys who understand how scary and difficult this time can be. When you work with us, we can guarantee that you, your family, and your case are of the highest priority to us.
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You Deserve Dedicated RepresentationSince 2005 our team has been solely dedicated to protecting the rights of those injured and mistreated in nursing homes throughout the state. We know and understand how the system works and how to obtain the best possible outcome on your behalf.
Real Clients. Real Stories.
Hear From Past Clients Who Have Worked With Harvey, Foote & Baker
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There are no words to express my appreciation for everyone at the Harvey, Foote & Baker Law Firm. You gave my mom her dignity back and made sure she wasn't just a number. Of course, we would rather her still be with us but you enabled her to leave a legacy to her grandchildren. You helped us through the worst time of our lives and got justice for my mom. I always knew that I had the best team on my side!!Carla S.
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Our lives were changed by tragedy in December 2012, but the team at Harvey, Foote & Baker were a sight for sore eyes. We were lucky to have such smart and talented attorneys and staff who fought hard for us. I will never forget the professionalism, care, and sincere attention you always gave us. You've made a huge difference in my life, and I am grateful to all of you!Lydia S.
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The team at Harvey, Foote & Baker is wonderful and compassionate. They worked hard to help us after losing our father due to neglect of care. They continue to fight for our family, and we appreciate them so much. Highly recommend.Michael C.
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Harvey, Foote & Baker Law Firm is the team you want looking out for your best interests. You can rest assured knowing they are on your side. The many obstacles facing your case will be met by their dedicated team of professionals.Norberto G.
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“Having the BEST attorneys on our side brought about an even better than expected outcome. Thank you, Dusti, Jennifer, and all of your amazing staff!!”Mara H.
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“We were astounded by how thorough you were, delightful towards us, but tough against the other side. We were shocked that you were able to recover so much money for our family.”Cindy
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“Ms. Dusti Harvey and Ms. Jennifer Foote and their staff were an AMAZING firm to work with!!! Their staff kept me in the loop through the entire process.”Tammi L.
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“Dusty and her crew were there to pick up the pieces and made sure that they kept us informed from the smallest thing to the biggest. I will forever be grateful to you.”Hermelinda P.
