It is devastating to lose a loved one due to poor medical treatment. In the wake of such a loss, families are left not only grieving, but also with a deep distrust of the very medical system that was tasked with keeping their loved one safe and healthy. Under New Mexico law, there is redress for death resulting from medical malpractice. A skilled medical wrongful death attorney is essential to help grieving families obtain justice and to hold doctors and nurses responsible.
We at Parnall & Adams Law believe that no family should be required to navigate this painful process alone. As dedicated and zealous advocates, every case we take on is met with both deep legal knowledge and unwavering compassion from our team. We understand the complex effects that such losses have, and we are committed to helping families find both justice and closure.
What is a Medical Wrongful Death?
A medical wrongful death refers to the death of a patient due to a healthcare worker’s negligent care. A medical wrongful death can result from several instances of negligent care, including:
- Misdiagnosis or delayed diagnosis,
- Surgical negligence,
- Negligent administration of anesthesia,
- Negligent administration of medications, and
- Failure to transfer to another facility.
In New Mexico, Who Can Make a Claim?
Per NMSA Section 41-2-3, a medical wrongful death claim must be brought by the personal representative of the decedent’s wrongful death estate. The personal representative may be, but is not always, a statutory beneficiary of the estate. A statutory beneficiary of the estate is an individual who is legally entitled to a portion of the proceeds of the settlement or judgment obtained from a medical wrongful death action. The distribution of said proceeds is governed by Section 41-2-3.
What Must be Proven to Successfully Bring a Medical Wrongful Death Case?
To hold a medical worker responsible for wrongful death, four important things must be proven:
- Duty of care: The healthcare worker had a responsibility to follow basic medical standards in treating the patient.
- Breach of duty: The healthcare worker did not follow the basic medical standards in treating the patient.
- Causation: The healthcare worker’s failure to follow the basic medical standards either killed the patient or made the patient’s death more likely.
- Damages: The death caused measurable, economic losses for surviving family members.
A medical wrongful death attorney will work with medical experts, look over patient records, and recreate the care timeline to establish each element of medical wrongful death.
Medical Malpractice Cases Have Their Own Unique Legal Problems
Because they are categorically medical malpractice claims, medical wrongful death actions are inherently tricker to bring than other types of wrongful death actions. Medical wrongful death claims require specific steps, including:
- Expert certification—New Mexico law says that a deviation from the standard of care must be backed up by expert testimony.
- Medical Review Commission (MRC): Claims must be brought before a panel of doctors and lawyers prior to filing a lawsuit.
- Damages limits by law: Depending on the circumstances, the money recoverable may be statutorily capped.
A skilled medical wrongful death attorney can help you get through these complicated steps and build a case that is both legally and procedurally sound.
How Do You Figure Out Damages in Medical Wrongful Death Cases?
There are three main types of damages in wrongful death cases:
1. Actual Damages
“Actual damages” is a term of art that refers to easily measurable monetary losses. They include:
- Medical bills paid before death,
- Burial and funeral costs, and
- Lost future earnings of the decedent.
2. Hedonic Damages
“Hedonic damages” is a term of art that refers to losses that are not measurable on their face, yet still have inherent value. They include:
- Feelings of pain and suffering,
- Loss of companionship, and
- Loss of enjoyment of life.
3. Punitive Damages
“Punitive damages” is a term of art that refers to money awarded to the claimant to punish the healthcare worker and/or to deter future wrongdoing. Punitive damages can only be awarded if the healthcare worker engaged in conduct that was malicious, willful, or wanton; in other words, their conduct must have been far more egregious than simple negligence.
Why Do You Need Medical Wrongful Death Lawyers Near You?
Wrongful death laws vary from state to state. Working with injury lawyers in my area will make sure that your legal team:
- Knows how the courts work in New Mexico,
- Has a deep understanding of New Mexico wrongful death law,
- Has connections with medical experts in the area, and
- Is nearby to provide support to you and your loved ones.
We at Parnall & Adams Law are proud New Mexicans who understand not only the local laws and judicial system, but the people and culture of this great state.
How Does Our Law Firm Help Families Outside of Court?
Recovery is multifaceted and extends beyond monetary compensation. At Parnall & Adams Law, our team is committed to providing you:
- Regular case updates and explanations,
- Emotional support,
- References to mental health resources, such as therapy and grief counseling, and
- A promise to honor the legacy of your loved one with dignity and respect.
Recovery is complex and should be approached holistically. We are dedicated to providing support that suits our clients’ individual needs.
What Should You Expect If You Hire a Medical Wrongful Death Lawyer?
Leave the legal know-how to the professionals at Parnall & Adams Law so that you can focus on healing. As your attorneys, we’ll:
- Gather all necessary facts, documents, and medical records,
- Work with medical experts,
- Prepare and file all court documents,
- Communicate with insurance providers and defense counsel,
- Engage in strategic settlement negotiations, and
- Zealously represent your interests at trial.
The team at Parnall & Adams Law will be by your side every step of the way in the fight for justice and healing.
Get Going on Your Way to Justice
Losing a loved one to medical negligence is devastating. We at Parnall & Adams Law are dedicated to fighting for justice and accountability for you and your family. If you’re looking for injury lawyers in my area, look no further.
Get justice; start healing. Call us for a free evaluation today.
FAQ
- What’s the difference between medical negligence and medical death caused by negligence?
Medical malpractice generally refers to negligence by a healthcare worker that hurts a patient. Medical wrongful death is a type of malpractice claim where a patient dies as a direct result of a healthcare worker’s negligence.
- Can I make a medical wrongful death claim if someone is being investigated for a crime?
Yes. Cases in civil law and criminal law are different. Even if a criminal trial is active, you can still file a civil wrongful death claim with the help of a medical wrongful death attorney for financial compensation.
- Is the money I get from medical wrongful death payments taxed?
IRC § 104(a)(2) provides that compensatory damages like hospital bills, funeral costs, and pain and suffering are not usually taxed. Punitive losses, on the other hand, might be taxed. We recommend that you speak with a tax expert regarding what is and is not subject to taxes.
- How long does a medical wrongful death case take?
Medical wrongful death cases are not “one size fits all;” each comes with its own nuances and complexities that affects its duration. Some claims may be resolved within a matter of months, whereas some take years to finalize.
- Why should you pick Parnall & Adams Law?
When it comes to legal expertise and caring representation, our firm is one of a kind. Our clients value our diligence, communication, compassion, and zealous advocacy. Our hard work, dedication, and skill has helped families across New Mexico find justice and healing in the wake of tragedy.