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Medical Malpractice

We trust our medical community to do the best job in assisting in our health needs whether minor or life threatening. Sometimes the situation is not fatal but can leave you or your loved one in a much compromised condition. When someone we trust may be at fault, the situation becomes even more difficult.

If you or a loved one is injured or dies as a result of medical negligence, the Barudin Law Firm is ready to assist you in the investigation and preparation of a medical malpractice claim. An experienced medical malpractice attorney can help you and your family during this difficult time. We understand that these cases and have experience in fighting to get your family the fair compensation you deserve in rectifying a medical mistake.

Medical malpractice cases are some of the most difficult cases to succeed at, perhaps more so than any other cases. It is crucial to have educated and effective expert witnesses to evaluate and if necessary testify on behalf of your claim. A successful medical malpractice attorney is aware that the strengths of a medical malpractice case are often based on the medical records and the testimony of medical experts and witnesses, as well as being able to discern what medical errors were done which caused the injury or death.
One of the most important issues for a medical malpractice attorney to determine is whether the defendant medical provider is a member of the New Mexico Patient Compensation Fund or an independent contractor. In certain situations, a hospital may hire medical personnel who are considered independent contractors who may not be employees of the hospital or clinic. In this situation, it is critical to know if such medical providers are employees or not so that the correct provider will be sued. In the New Mexico, federal clinics and hospitals, along with tribal clinics and hospitals, it is very likely that such independent contractor status could exist or that such medical facility could be tribally owned and operated. This determination early on in a case is critical to set the course of how the medical malpractice claim will proceed.

The Barudin Law Firm has handled medical malpractice cases in New Mexico state courts, New Mexico federal courts, and Navajo Courts, and has experience in preparing and presenting these complex and technical claims with successful results. The Barudin Law Firm has experience in litigating medical malpractice claims under the Federal Tort Claims Act in federal court with successful results.
If a medical professional is employed by the federal government, medical malpractice claims are governed by the Federal Tort Claims Act. This Act has important requirements which must be followed by litigation in the United States District Court.

Medical Malpractice Cases We Handle
• Birth Negligence
• Surgical Errors
• Emergency Room Errors
• Misdiagnosis and Failure to Diagnose
• Pharmaceutical Errors
• Failure to Treat
• Laparoscopic Negligence
• Cerebral Palsy