A delayed diagnosis can have a significant impact on your health, leading to a worsening of your condition, permanent disability, or even death. If you suspect your doctor delayed your medical diagnosis, you may be able to seek compensation for resulting injuries through a medical malpractice claim.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the applicable standard of care, resulting in harm to the patient. In New Mexico, doctors can be liable for injuries caused by delayed diagnoses that they should have made sooner. For example, many severe conditions, such as cancer, are easier to treat the earlier they are diagnosed, so a delayed diagnosis can have a severe negative impact on a patient’s health.
The Standard of Care in Medical Malpractice Cases
The standard of care in medical malpractice cases refers to the knowledge a similarly trained doctor in the same field would have and the steps they would take when faced with similar circumstances. If your doctor deviated from this standard of care for your particular medical situation, they may have been negligent. Examples of medical malpractice include:
- A doctor failing to order appropriate test results based on your symptoms
- A doctor misinterpreting test results
- A doctor dismissing symptoms that they should have taken seriously
- A doctor failing to refer you to a specialist when necessary
Proving Negligence for a Delayed Diagnosis
To establish medical malpractice for a delayed diagnosis in New Mexico, you must prove the following four key elements:
- Duty of Care: You must show that the doctor had an obligation to provide you with competent medical treatment.
- Breach of Duty: You must show that the doctor failed to meet the standard of care expected of them by delaying your diagnosis.
- Causation: You must show that the delayed diagnosis directly contributed to your harm.
- Damages: You must show that you suffered physical or financial loss related to the harm, such as additional medical expenses, disability, or pain and suffering.
The Impact of a Delayed Diagnosis on Your Health
A delayed diagnosis can have long-term or even permanent consequences for victims, including:
- Treatable conditions progressing to a point where they are difficult to treat
- Increased medical costs due to more extensive treatments
- Lost income and a lower quality of life
- Emotional distress that comes with their condition
New Mexico’s Statute of Limitations for Medical Malpractice
Under NM Statutes Section 41-5-13, victims of medical malpractice have three years to file claims against the healthcare provider responsible for their injuries. Failure to file your claim within this period will result in the courts barring you from seeking financial recovery.
The main exceptions to this deadline are for minors and those who are incapacitated. These individuals have until one year after their 18th birthday or the date at which they are no longer incapacitated, or three years from the date of their injury, whichever is later.
Steps to Take If You Suspect Malpractice
To protect your right to seek compensation for injuries suffered due to medical malpractice in New Mexico, you should do the following:
- Obtain and review your medical records to identify medical errors.
- Seek a second opinion from another medical professional.
- Consult a medical malpractice attorney about seeking compensation for your injuries.
- File a complaint with the New Mexico Medical Review Commission (NMMRC) under NM Statutes Section 41-5-15. The NMMRC must review each case before you can take legal action against an independent medical provider, such as a doctor.
Contact Our New Santa Fe Malpractice Lawyers
If you suspect you are the victim of medical malpractice in New Mexico, contact the Hunt Law Firm for a free consultation. Our lawyers will review your case, help you determine if malpractice occurred, and walk you through the legal process of seeking the compensation you deserve.