When you file a medical malpractice claim, you want to hold a medical professional accountable for a mistake that hurt you or a loved one. To win such a claim, you have to prove that the professional who provided you with care didn’t adhere to best practices or industry standards.
A physician working while under the influence of alcohol is a clear example of malpractice, but so is a surgeon who leaves a sponge behind in a patient’s body during an operation. There is usually insurance that covers claims related to medical mistakes, but people often have to go to court to get compensation.
New Mexico has a unique rule that applies to medical malpractice claims brought against a physician or a facility. You will typically have to present evidence to a panel to move forward with a malpractice claim.
A panel usually has to review the claim before it can go to court
Under state law, New Mexico has a medical review commission that will create panels to evaluate claims of medical malpractice. If your allegation is against a professional licensed in the state of New Mexico, your attorney will need to present evidence of the malpractice you endure to the panel before you have a chance to go to court.
The panel serves a crucial role of identifying valuable cases that meet certain standards and rejecting cases that will likely fail in court and therefore waste court time. Those with a strong enough claim to convince a panel of their need to litigate may have a strong case when they do get to court.
Understanding what goes into making a medical malpractice claim will give you a better chance of getting the compensation you deserve.
