New Mexico Complaint for Malpractice

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Multi-State
Control #:
US-03342BG
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Description

All professionals are subject to standards of conduct established by codes of professional ethics, by state statutes, and by judicial decisions. In their performance of contracts, professionals must exercise the established standard of care, knowledge, and judgment generally accepted by mem¬bers of their professional group.


Medical Malpractice can occur in any area of medicine in which a patient is injured as a result of poor medical treatment. The term "medical malpractice" refers to a health care provider's failure, either due to negligence or error, to treat a patient in accordance with the required standard of care, thus causing a patient to suffer harm.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If the defendant set out to hurt the patient, and the patient can prove this as true, the patient can recover punitive damages. For example, if a doctor knowingly commits an error during surgery to ensure the patient has to return for additional treatment, they have acted intentionally.

Transparency and Consistency. Simply put, there is no element more important to avoiding a malpractice claim than a healthy doctor-patient relationship built on clear and effective communication between one another. Teaching your teams to do the same will go a long way toward improving the relationship.

A judgment of punitive damages against a health care provider shall be the personal liability of the health care provider. Punitive damages shall not be paid from the fund or from the proceeds of the health care provider's insurance contract unless the contract expressly provides coverage.

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

For a plaintiff to get punitive damages reinstated in their personal injury claim, they must demonstrate that they suffered irreparable harm as a result of negligence committed by the defendant.

Statutory Damage Caps New Mexico law places a cap on damages to $600,000, with an exclusion for medical care and related benefits. This means the maximum amount you can be awarded for lost wages, lost ability to earn a living, and non-economic damages like pain and suffering is $600,000.

New Mexico law places a cap on damages to $600,000, with an exclusion for medical care and related benefits. This means the maximum amount you can be awarded for lost wages, lost ability to earn a living, and non-economic damages like pain and suffering is $600,000.

In New Mexico, punitive damages are only awarded in cases where the liable party's conduct was intentional, malicious, fraudulent, or in reckless disregard of the victim's rights or safety. In other words, it must be more than just negligent or careless; it must rise to the level of willful misconduct.

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New Mexico Complaint for Malpractice