Medical malpractice occurs when a doctor or other medical professional’s negligence results in an injury to a patient. A medical malpractice lawsuit allows an injured patient to receive financial compensation for injuries suffered at the hands of his or her health care provider. However, the law only allows so much time to file a medical malpractice lawsuit following an injury. This statutory filing deadline is called the statute of limitations. Below is an overview of the statute of limitations for medical malpractice in New Mexico. If you’ve been injured due to the negligence of a medical professional, please contact a medical malpractice attorney as soon as possible to ensure that you don’t miss your filing deadline.
The Filing Deadline
The statute of limitations for medical malpractice in New Mexico is three years from the date of the health care provider’s negligent action or inaction. In some states, this deadline is extended when a medical professional’s mistake couldn’t reasonably have been discovered immediately, but New Mexico’s statute doesn’t explicitly allow such an extension.
Filing Deadline Exceptions
Despite the lack of an exception for the delayed discovery of injuries, New Mexico’s statute does contain a medical malpractice filing exception for cases involving children. Specifically, when a child under the age of six is a victim of medical negligence, his or her medical malpractice attorney has until the child turns nine to file a medical malpractice lawsuit. For example, in a birth-related medical malpractice case, the representative of a newborn who was harmed by the negligence of a medical professional has nearly nine years to file a medical malpractice lawsuit on his or her behalf.
The Consequences of Missing the Filing Deadline
If a patient misses the deadline to file a medical malpractice lawsuit in New Mexico, the court will throw out the case. Courts tend to be very strict with these types of filing deadlines, and they only grant leniency in very limited circumstances. It is for this reason that you must be diligent when pursuing a medical malpractice case in New Mexico. The best way to ensure that you meet all statutory deadlines when filing your malpractice lawsuit is to contact a medical malpractice attorney.
Contact Our Experienced Santa Fe & Albuquerque Medical Malpractice Lawyer
If you’ve suffered an injury at the hands of a medical professional in New Mexico, Hunt Law Firm is here to help. Our medical malpractice attorney is highly experienced in handling medical malpractice cases, and he’ll work diligently to get you the compensation you deserve. At Hunt Law Firm, we have the skills and resources necessary to hold medical professionals accountable for their negligent behavior. By conducting a thorough investigation and collaborating with respected medical experts, we will leave no stone unturned in the preparation of your medical malpractice lawsuit. Please contact us today for a consultation.