You’re dealing with an area of medical malpractice, described in the law as being a “tort.” One of the most important things is, if possible, to avoid making any decisions without a lawyer’s advice. For example, you must avoid anything close to an agreement releasing the pharmacist, doctor, or possibly the drug manufacturer from liability. You also need to be very careful not to make any comments, either in writing or even orally, to any of the people you may suing…before getting legal advice.
 
You'll need to study where to bring the suit: state or federal court. There are reasons that some malpractice cases should be brought in a state court. There are more often reasons to consider bringing a federal claim: but federal cases are more expensive, take longer, and need more specialized legal skills. Here’s a list of malpractice cases recently filed in New Mexico: http://dockets.justia.com/browse/state-new_mexico/noscat-3/nos-362/.
 
Here’s a low-cost legal service available, depending on where in New Mexico you live, and your income level: http://www.nmlegalaid.org/.
 
There’s also a possibility you were not the only one harmed by this mistake. Depending on the number of people who have been put at risk, and where they are in New Mexico, you may even be able to participate in a class action lawsuit. Here’s an example of how that can happen: http://law.justia.com/codes/new-mexico/2011/chapter41/ article 5/section41-5-14/.
 
In addition to the low-cost legal options mentioned, your case might be worth enough to get the help of an otherwise very expensive lawyer on a contingency basis. This means that all costs (which in a malpractice case can often go quickly into the thousands of dollars), including the lawyer’s fees, are deferred if and until they win your case. You can ask for free consultations and the chance of getting a contingency agreement, using New Mexico’s attorney referral system…http://www.nmbar.org/public/referralprograms.html.
 
I also don’t mean to discourage you from handling some aspects of the case itself. And it may even turn out that you have a good suit, but can’t find the right lawyer who might take the case on contingency. Here’s a Pro Se guide to New Mexico civil suits…http://www.nmcourt.fed.us/web/DCDOCS/Forms/pro_se_instructions.pdf.
 
 
Basics Of New Mexico’s Malpractice Law
 
Here’s some background about New Mexico’s basic malpractice laws:
 
New Mexico law §41.5.13 gives you 3 years from the time of injury to file. §41.5.6-7. There’s a $600,000 total limit on all non-economic damages. But, health care providers are not liable for any amount over $200,000. A judgment over those amounts can be paid from what’s called the “Patient’s Compensation Fund.” Under §41.3A.1, all of the Defendants may be found to be proportionally liable, according to what a jury finds are their separate percentages of fault.
 
 
Preserve All Evidence
 
Some people actually release evidence, such as (in this case) the prescription bottle label and the original prescription. It’s important that you keep the bottle with its intact label in a safe and secure place. Show it to someone who is a capable witness that it has not been tampered with. Here’s an article describing the in’s and out’s of proving malpractice: http://lawlibrary.unm.edu/ nmlr/18/2/07_compton_medical.pdf.
 
 
The Unique New Mexico System.
 
Unlike other states, the malpractice system in New Mexico has been described as being fair, to both care giver and the allegedly injured patient. For example, New Mexico’s laws require that you file a mandatory submission for this malpractice claim to a hearing panel. http://law.justia.com/codes/new-mexico/2011/chapter41/article5/section41-5-14/. Here’s a source for the types of complaints you can make, and where to get the form for the complaint: http://www. nmmb. state.nm .us/pdffiles/ConsumerFAQ.pdf.