Medical malpractice cases are different from ordinary personal injury claims. New Mexico requires most claims against qualified health care providers to pass through a Medical Review Commission before a lawsuit can even be filed, and the New Mexico Medical Malpractice Act under NMSA Chapter 41, Article 5 sets its own statute of limitations, damage rules, and procedural requirements. Patrick J. Martinez has represented injured patients and families in Albuquerque for over 25 years, and he understands the extra steps these claims demand.
Medical malpractice is, at its core, a specific type of personal injury claim. Anyone evaluating a possible personal injury case involving a health care provider's error should understand that the Medical Malpractice Act's separate rules, not the general personal injury rules, will control the case. Patrick guides clients through both the criminal and civil sides of a case when the facts call for it, and he knows when a claim belongs under this Act rather than under a general negligence theory.
Patrick handles medical malpractice matters for clients in Bernalillo County, Sandoval County, and throughout New Mexico, including cases involving hospitals, clinics, and individual providers.
Damage Caps and the Statute of Limitations
Under NMSA § 41-5-13, most medical malpractice claims must be filed within three years of the act of malpractice. This deadline runs from the date of the negligent act itself, not from when the patient discovers the injury, so acting quickly matters. New Mexico also caps most damages recoverable against qualified health care providers on a schedule that has increased in recent years, so a figure quoted even a year or two ago may already be out of date. Patrick reviews the current limits with clients as part of evaluating what a case is worth.
The Medical Review Commission Process
Before a malpractice claim against a qualified health care provider can go to court, it typically must first go through the Medical Review Commission, a panel that reviews the evidence and issues an opinion on whether the standard of care was met. The three-year statute of limitations is tolled while a case is pending before the Commission and resumes thirty days after the panel issues its final decision. Patrick guides clients through this pre-suit process so a filing deadline is never missed while waiting on the Commission's opinion.
What Counts as Medical Malpractice
Medical malpractice claims commonly arise from misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, and nursing home neglect, among other situations where a provider's conduct fell below the accepted standard of care. Every case requires a qualified medical expert to establish what that standard was and how the provider failed to meet it. Patrick works with medical experts to evaluate whether a case has merit before recommending that a client move forward.