Professional Negligence IT'S ALL ABOUT THE RIGHT CHOICE

Albuquerque Professional Negligence Attorneys

Representing New Mexico Individuals and Businesses in Matters of Professional Malpractice

When you go to the doctor, you expect a certain level of treatment. When you hire an architect and engineer, you assume they will design a sound building that meets all applicable codes and legal requirements. When you hire a financial advisor, you expect them to make every effort to give you prudent advice. These expectations and assumptions are not mere feelings: They have a basis in law. Professionals working in certain specialized fields owe a heightened duty of care to their clients, meaning they can be held legally responsible for the harm they cause because of their negligence, carelessness, or fraudulent conduct.

At Potts Law Firm, we leverage our extensive power and resources to help individuals and businesses hold professionals accountable for malpractice. Our Albuquerque professional negligence lawyers have over 250 years of combined legal experience and have recovered over $1 billion for our clients. We understand how to strategically navigate these conflicts in New Mexico courtrooms and are committed to delivering optimal outcomes. You deserve fair compensation for your losses, and you can rest assured we will make every effort to protect and enforce your rights.

If you were harmed by the actions of a professional, schedule a free initial consultation by calling (505) 305-1283 or contacting us online. Same-day appointments are available, and we provide services in English and Spanish.

Professional Negligence, Explained

There are many scenarios where a non-professional individual owes a duty of care to other people. When you drive a vehicle, you owe a duty of care to other motorists, cyclists, and pedestrians. When you own property, you have a duty to address hazards that might harm visitors. Violating these duties can leave you open to liability through personal injury litigation.

Professionals owe an even higher duty of care to their clients because they are entrusted with providing specialized advice, skills, or services. They must act within the accepted standards of their profession, as established by other professionals working in the industry. Professional negligence (also referred to as malpractice) occurs when a professional’s deviation from the accepted norms results in harm to a client. What is and is not considered professional negligence will depend on the unique factors of a given situation and is often decided on a case-by-case basis.

To determine whether a professional’s conduct constitutes negligence, a court may consider:

  • Whether another professional working in the defendant’s field finds their conduct acceptable
  • Whether the defendant could have reasonably predicted their actions would harm the plaintiff
  • Whether an alternate, less risky course of action was available to the defendant
  • The cost of any alternative course of action available to the defendant
  • The scope and severity of the harm sustained by the plaintiff

Advice that does not pan out does not automatically constitute professional negligence, even if you suffer losses as a direct result. Situational factors are extremely important in these cases. Our Albuquerque professional negligence attorneys can carefully assess the circumstances and advise whether you have a strong claim.

Get advice from a seasoned litigation attorney today. Call (505) 305-1283 or contact us online to get started.

It's All About Your Recovery

Hear From Our Past Client's
  • I had a wonderful experience with this law firm.

    “They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”

    - Stephen P.
  • I wouldn’t hesitate to recommend him or any of the team at Potts.

    “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

    - Theo C.
  • The Potts Law Firm is a powerhouse of brilliant attorneys.

    “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”

    - Molly H.
  • I would recommend Potts Law Firm for any and all legal matters that come my way in the future!

    “The Potts Law Firm answered all of my numerous questions in layman’s terms which is what I needed. I was able to lie back & heal from my injuries knowing full well that my obligations were being handled appropriately.”

    - W. Gary
  • Great law firm!

    “Very responsive they would call and text me about everything going down! They helped me get through my car crash and I would greatly recommend this team!”

    - Hugo G.

Who Can Be Sued for Professional Negligence in New Mexico?

Both individual professionals and professional organizations can be held accountable under professional negligence laws. For a person or business to be considered “professional,” they must work in a field that customarily offers specialized services or guidance. Potts Law Firm can represent you in professional negligence litigation filed against:

  • Accountants and accounting firms
  • Architects and architectural firms
  • Attorneys and law firms
  • Counselors and counseling firms
  • Dentists and dental facilities
  • Designers and design firms
  • Doctors and medical facilities
  • Engineers and engineering firms
  • Estate executors
  • Financial advisors
  • Business consultants/business consulting firms
  • Insurance agents, insurance brokers, and insurance companies
  • Funeral homes
  • Pharmacists and pharmacies
  • Securities brokers
  • Surveyors
  • Tax advisors
  • Therapists
  • Trustees

it's all about your best possible result

Explore our past successes
  • ERISA Class Action Settlement $36 Million

    Potts Law Firm served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.

What Damages Can I Recover in a Professional Negligence Lawsuit?

To recover damages for professional malpractice, you must begin the legal process before the applicable statute of limitations expires. In New Mexico, you typically have four years from the day you were injured to file a professional negligence lawsuit. You may have up to six years from the date of the violation to take legal action if the professional specifically breached a written contract. You only have three years from the date you were injured to bring a medical malpractice claim.

Not all losses resulting from professional negligence will be immediately apparent. In these scenarios, the clock does not generally start ticking until you discover (or should have discovered) the nature of your injuries. Note that the discovery rule does not apply to medical malpractice cases when the provider is “qualified” under the state’s Medical Malpractice Act.

Our Albuquerque professional negligence lawyers will aggressively work to secure compensation for:

  • Money previously paid to the defendant
  • Medical expenses (for medical malpractice cases)
  • Loss of profits
  • Loss of income and future earnings
  • Restitution
  • Diminution in value
  • Pain and suffering


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