The Nature of Medical Malpractice Lawsuits

The technical nature of the evidence and the need for expert witnesses makes medical malpractice a specialized field. The plaintiff must have opinion testimony from experts to prevail in medical malpractice lawsuits. Terry Word has been litigating medical malpractice cases for thirty years. Brian P. Brack has been litigating cases for fourteen years. While we are not doctors, we have gained a comprehensive knowledge of medicine through years of handling these cases. Because of the extensive time required for the preparation of these cases, and the expenses associated with obtaining expert witnesses and bringing them to trial, it is not economically feasible to litigate medical malpractice claims that do not have substantial damages. When there are significant injuries, together with good evidence of negligence, we will spare no effort in pursuing a medical malpractice claim, and we believe we have the experience and expertise to do so in an effective manner. Because of widespread publicity disparaging lawsuits over the last twelve to fifteen years, and because jurors do not like to believe that doctors make mistakes, medical malpractice cases can be difficult to win at trial. We have found that careful preparation and attention to the compelling aspects of our clients' cases are essential to a successful outcome. Said another way, while the facts themselves must be favorable to win a malpractice case, the method of their presentation to a jury is equally important.

We have an avid interest in medicine and believe that our work helps to raise the standards of medical practice in New Mexico. When we decide to prosecute a case, we do so vigorously and with great forethought.

Medical Malpractice in New Mexico

Since 1976, most medical malpractice claims in New Mexico have been governed by the New Mexico Medical Malpractice Act. Health care providers can chose to be covered by the Act, and are then considered "Qualified Health Care Providers." Plaintiffs cannot sue qualified health care providers in court until they bring their claims before an administrative review panel called the Medical Review Commission. The Medical Review Commission is comprised of three doctors and three lawyers. Each party presents an informal summary of his or her side of the case, and the review panel then decides whether there is any evidence of malpractice and, if so, whether there is any evidence that the patient was injured by malpractice. Even if the panel results are negative for the plaintiff, it does not preclude him or her from filing a lawsuit and the results are not admissible in trial. However, if the plaintiff wins at the panel hearing, he or she is entitled to have a medical expert appointed by the New Mexico Medical Society to testify on his or her behalf. The Medical Review Commission procedure is beneficial, because it gives us an early opportunity to obtain the doctor's testimony under oath.

The Medical Malpractice Act also caps damages at $600,000, plus past and future medical and related benefits. In the past few years, however, more and more health care providers have decided not to bring themselves under the Medical Malpractice Act. If the potential defendant is not a qualified health care provider, the plaintiff may file a lawsuit without first submitting the claim for administrative review with the Medical Review Commission. Under these circumstances, the Medical Malpractice Act's cap on damages is not applicable to the plaintiff's claims.