Medical malpractice comes with a statute of limitations

On Behalf of | Nov 23, 2021 | Medical Malpractice

If you feel you are a victim of medical malpractice, also known as medical negligence, it is important to consult with an attorney as soon as possible. An attorney can help you avoid potential pitfalls that could prevent you from advancing your claim. For example, failing to bring your claim within the statute of limitations can preclude your claim.

Types of medical malpractice

Medical malpractice can come in many forms: you may be prescribed or dispensed the wrong medication; you may experience a misdiagnosis or a missed diagnosis; your child may be injured during birth; you may suffer from the consequences of error during surgery or during post-surgery care; etc. If you believe you may have been the victim of medical malpractice, it is important to act quickly to ensure your rights are protected.

Statute of limitations explained

If you wait too long to file a lawsuit for the medical malpractice you suffered, those responsible can defeat your lawsuit simply because you filed outside of the statute of limitations. In New Mexico, you generally have three (3) years to bring a claim for medical malpractice. On its face, that seems like a simple rule. However, in practice, it is not always so simple.

The consequences of medical malpractice may not be apparent for days, months or years following the negligent acts. In some instances, this may not be an issue because the statute of limitations is subject to a “discovery rule,” meaning that the statute of limitations does not begin to run until you knew or should have known of your potential claim. However, if the persons or entities responsible for the medical malpractice are Qualified Health Care providers, under the New Mexico Medical Malpractice Act, you may not get the benefit of the “discovery rule.”

For these reasons, it is important to consult with an experienced medical malpractice attorney to ensure you bring your claim within the statute of limitations. To speak with the experienced attorneys at Sutten Law Group, LLC about your potential medical malpractice claim, please call (505) 990-RICK (7425).