Medical Professionals Have a Duty to Reveal Doctor Errors

At Curtis & Lucero, we understand that just like any other professionals in New Mexico, doctors can make mistakes. These can be catastrophic when your diagnosis is serious.

Catching the error early could save your life, but it often takes a medical professional to identify such a mistake. So, in order to reduce the chances of a negative outcome from a mistake, you may want to get a second opinion after any serious diagnosis. According to Physicians Weekly, upon reviewing your condition, the diagnosis and the treatment plan, if the new doctor identifies an error, he or she has a duty of care to tell you about it.

Any health care professional is responsible for the outcomes of his or her conduct and may be liable if you suffer harm because of the actions. This applies to the second doctor, too. Even if he or she did not make the mistake that led to the harm, if there is evidence that he or she could have prevented the harm done by the first doctor, then that doctor may also be liable. The second doctor should reveal the error within a couple of weeks in a nonemergency situation to ensure that you do not suffer due to a delay in your treatment.

What if it is a specialist such as a pathologist who discovers that your doctor made a mistake? In this case, he or she should contact the doctor and provide the evidence of the error so that it can be noted and corrected, particularly in the case of a referral report going to a new doctor. If the doctor does not correct the error, the specialist should bring it to your attention.

More information about medical malpractice and doctor errors is available on our webpage.

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