What to Know About Medical Malpractice Suits


Doctors have a responsibility to all their patients as part of the Hippocratic Oath. If they are negligent and it harms you or a loved one, this is medical malpractice. You may have the grounds for a malpractice suit to get the compensation you deserve. Follow the guide below to handle the situation properly.

A Guide to Dealing with Medical Malpractice

What to Know

There are some common mistakes people make that can destroy their malpractice claim. For example, you should avoid talking with the potential defendant or their attorney in any way. Instead, leave all communication to your own attorney. Don’t sign anything that they give you without your lawyer present, as you don’t want to accidentally sign away your rights. Do not post on social media about the incident, as it could be used against you in the future. Be aware that in the state of New Mexico, there is a three-year statute of limitations for malpractice lawsuits. This means you’ll want to act as soon as you are aware of the problem.

How to Prepare Your Suit

You will have to switch to another doctor to correct any damage and provide continued care. Ask your old doctor for a copy of your medical records; you’ll want both your new doctor and your attorney to have them. Begin keeping a journal about your health, including a date and time with each entry. This can be used to record your symptoms in detail, as well as any discussions you have with your doctor. Use as much detail as possible, since your attorney can use this as evidence in your case. If the defendant’s insurance company or any other party contacts you after submitting your claim, direct them to your attorney. Do not answer any questions or agree to anything without them. 


Medical malpractice cases are particularly complex, so don’t try to handle these suits on your own. Balderrama Law Firm has been named one of the Top 40 Lawyers Under 40 by the Trial Lawyers Association every year since 2012 in Carlsbad, NM. Attorney Balderrama has worked in many cases ranging from negligence to wrongful death and will help you get the compensation you deserve with his experience and dedication. Schedule your free case evaluation online or by calling (575) 234-1111.


(505) 900-3834


(575) 433-2384


7401 Hancock Ct. NE, Suite B
Albuquerque, NM 87109


(575) 234-1111


(575) 885-6788


706 N. Canal Street Carlsbad, NM 88220