This form is a sample personal injury complaint alleging improper medical treatment resulted in patient's death.
New Mexico Complaint for Personal Injury and Wrongful Death for Improper Medical Treatment
State:
Multi-State
Control #:
US-PI-0293
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death For Improper Medical Treatment?
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FAQ
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.
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.
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.
Punitive Damages are different from compensatory damages in that they are intended to punish the defendant rather than compensate the plaintiff. In New Mexico, punitive damages may be awarded by the court only when the defendant's actions were reckless or intentional.
A judge awarding the victim additional money to punish a doctor for medical malpractice is an example of punitive damages. These damages go above and beyond the losses you suffered and serve to deter the responsible party from engaging in the same actions in the future.
How Does New Mexico Law Define "Wrongful Death"? Under New Mexico law, a "wrongful death" is a death that is "caused by the wrongful act, neglect, or default of another" that, if the person had lived, would have allowed him or her to file a personal injury lawsuit. (N.M. Stat. § 41-2-1 (2021).)
The New Mexico Medical Malpractice Act sets limitations of liability for physicians and also sets a cap on certain damages you could be awarded in court. If you or a loved one has been a victim of medical malpractice, you need a medical malpractice attorney in New Mexico on your side.
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.