When you go to the doctor, you expect to be treated with care and given advice based on professional experience. When this doesn’t happen, it may be disappointing and frustrating, but you should understand that you have legal rights that enable you to seek compensation for the wrongs committed against you.
However, you may be concerned about when you can bring a medical malpractice lawsuit. While this post should not be considered legal advice, it will provide some helpful insights about the statute of limitations for medical malpractice cases in New Mexico.
As a matter of law, medical malpractice claims must be brought within three years of the date of injury. If the injury has occurred to a child younger than the age of six, the statute of limitations expires on the child’s ninth birthday.
The exact date of injury could be difficult to determine given that a person’s ailment could be the result of months or years of improper treatment. In fact, the actual date of injury for jurisdictional purposes may be a point of contention. After all, a patient may not realize that they had been harmed through a medical procedure until months after it had been completed.
If this is your story, it is important to discuss your situation with an experienced medical malpractice attorney. Having such a conversation can help you understand whether your ailment could be compensated. Indeed, some ailments are obvious (such as a surgical tool being left in the body). Others may not be so easy to diagnose. Regardless, having a consult with a skilled lawyer is one way to learn about your rights and options.