general malpractice

Here at the Potts Law Firm, we are experts in New Mexico personal injury cases.  However, we also recognize that most people do not have a clear understanding on what exactly constitutes a personal injury claim.  To be exact, the legal cause of action for a personal injury claim is that of negligence.  For negligence claims, the “reasonable person” standard is applied to any given case.

In New Mexico, negligence is defined as the failure to do that which a person of ordinary prudence would have done under the same or similar circumstances, or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.  To establish liability based on negligence, a plaintiff must prove the defendant did something an ordinarily prudent person exercising ordinary care would not have done under the same circumstances, or, that the defendant failed to do that which an ordinarily prudent person in the exercise of ordinary care would have done.  “Ordinary care” means that degree of care that would be used by a person of ordinary prudence under the same or similar circumstances.

The four elements to a successful negligence cause of action are:

  1. Duty owed by defendant to plaintiff;
  2. Breach of that duty;
  3. Proximate cause of the plaintiff’s damages by defendant’s breach; and
  4. Damages.

All four of these elements are required for a plaintiff to be successful against a defendant.  If even one element is missing, the plaintiff will lose his or her case.  Below is a more thorough legal explanation of each of these elements.

BULLETClaims We Handle Involving New Mexico General Personal Injury and Negligence:


Please give us a call at 888.902.6245 for a free consultation to discuss your New Mexico injury or death claim.  We will give you all the time your case deserves, and we will give you an honest assessment of your case and whether we can represent you.

Our Attorneys


Michael Whitman

Michael K. Whitman
Partner
9202 San Mateo Blvd NE
Albuquerque, New Mexico 87113
Tel: (888) 902-6245
E-mail: Webcontact@potts-law.com
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AFunk6-22

Adam T. Funk
Senior Associate
9202 San Mateo Blvd NE
Albuquerque, New Mexico 87113
Tel: (888) 902-6245
E-mail: Webcontact@potts-law.com

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