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Medical Malpractice Attorney in New Mexico

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Medical Malpractice Attorney in New Mexico

December 13, 2023

When you or a family member has experienced medical malpractice, finding a competent medical malpractice lawyer is one of the most important decisions you could make. The general public knows about medical malpractice law because of what they have seen on billboards and television commercials.  I realized that most of these ads convey a message that a good medical malpractice attorney is one found by advertising.  Therefore, you might ask the question, What is a competent medical malpractice lawyer?  I intend to answer that question.  

What Do I Do As A Medical Malpractice Attorney?

As a medical malpractice lawyer, I focus on assisting injured claimants who are injured because of hospital or doctor negligence.  Medical malpractice occurs too often.  Recent studies have shown that preventable errors are the third cause of death in the United States.  Medical malpractice lawsuits are very complex.  As a medical malpractice attorney, first, I have experience concerning medical malpractice lawsuits.  When people select me as an attorney for a medical malpractice lawsuit, I tell them to accept only attorneys with experience taking medical malpractice cases all the way to and through a trial.  I advise clients to be careful with attorneys who only want to settle the lawsuit and not take the case to trial.  When I take a medical malpractice case, I must be able to prove that the hospital or doctor provided negligent care.  If I can prove negligence, it demonstrates to the claimant that I’m an experienced trial attorney.  Medical malpractice lawsuits are not the type of law where an attorney does it occasionally.  

As your medical malpractice attorney, I must prove the following:  type the duty of care, breaches of duty, causation, and damages.  To prove the above as your medical practice attorney, I must obtain considerable information.  First, we begin by reviewing all the medical records available.  This tells us what occurred, what was supposed to happen, and what should have happened.  We also obtain depositions of defendants, which can be used at trial.  We also work with medical experts who can write expert reports and potentially be witnesses at trial.  Lastly, we show the extent of the claimant’s injuries.  Medical malpractice cases are very difficult and complex.  Therefore, they can take as long as 3 to 5 years to complete.  Tim Chelpaty Law Office will help you through every stage.  

What is Medical Malpractice?

Medical Malpractice happens if the healthcare professional commits a negligent act that causes injury to the patients.  The negligence might be treatment, negligent care, or errors in diagnosis.  

Types of Medical Malpractice in New Mexico

The type of medical malpractice we’ve seen is misdiagnosis.  Unfortunately, this is quite common.  For example, we have seen where doctors have failed to diagnose a blood clot which subsequently became a stroke, and the patient suffered serious injuries.  

In a surgical error, we have seen where the incorrect surgical instruments were used, thus causing blindness to the patient.  

Failure to treat.  We have seen where failure to treat a patient caused the amputation of the leg.  

Other types of Medical Malpractice include:

Delayed Diagnosis

If the doctor makes a correct diagnosis but only after a substantial amount of time has passed, this happens when the healthcare professional makes the correct diagnosis but fails to recognize the problems that may aggravate the condition. 

Prescription Drug Errors

If the incorrect prescription is provided or the wrong prescription is filled, causing the patient to take the incorrect medication, the patient can experience adverse side effects, thus leading to injuries. 

Birth Injuries

Most of the birth injury claims are filed against OB/GYNs for birth injuries.  Some examples of birth injuries are nerve damage, spinal cord injuries, cerebral palsy, and dystocia. 

Failure To Treat

This occurs when there is a correct diagnosis, but the patient is never treated.

Anesthesia Errors 

Anesthesia errors are very grave because they can cause intense pain, brain injuries, and death.  

When you or a family member have been a victim of medical malpractice, please call the law offices of Tim Chelpaty.  We get you the correct compensation to which you are entitled.  

A misdiagnosis occurs if a healthcare professional incorrectly diagnoses a claimant’s medical condition. For example, if a doctor diagnosed a claimant with COVID-19, but the patient actually suffered from fibromyalgia, this would be considered a misdiagnosis.  Additionally, misdiagnosis can mean that a patient with a specific medical condition was diagnosed by a healthcare professional with another condition that the patient did not have.


The following are cases in which doctors can be held liable for injuries and damages that result from a misdiagnosis.  If misdiagnosis is not treated, I have seen where these types of cases can lead to wrongful deaths. Suppose you or a family member were the victim of misdiagnosis or delayed diagnosis. In that case, we, the attorneys at Tim Chelpaty Law Office, are here to help you examine your legal choices.  

A wide range of misdiagnosis and medical negligent cases include the following misdiagnosis and delayed diagnosis:

  • Stroke
  • heart attack
  • heart disease
  • colon cancer
  • breast cancer
  • prostate cancer
  • pancreatic cancer
  • Diabetes 
  • Skin cancer

If a professional healthcare provider makes a correct diagnosis, but the diagnosis is delayed, it might be too late to give medical treatment or take preventative action.  A delayed diagnosis is a diagnosis that is accurate but does not occur in a timely fashion.  

Failure to Diagnose

This occurs when the healthcare provider accurately diagnoses a disease but fails to diagnose a related disease.  If a doctor’s mistake caused you injury or resulted in a family member’s death, you can bring a lawsuit against them for not acting according to the accepted standard of care.  

If we are trying a misdiagnosis lawsuit, we must prove that the healthcare professional in the same or similar specialty would not have misdiagnosed the ailment.  We would have to show that the doctor did not include the correct diagnosis on the list and that a competent healthcare professional would have done so.  

We will carefully view your case to determine your choices.  We will guide you through the process to get the compensation and legal justice you are entitled to.  Please set up a consultation with us today by calling 575-525-3123. 

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