Have you ever visited a doctor for a specific ailment and left unsatisfied with their diagnosis or treatment? Did a second opinion reveal the better course of action? Being misdiagnosed is one of the many ways that medical malpractice can occur, and it is a severe problem.
The National Library of Medicine published the findings of a study that found around 400,000 hospitalized patients experience what they call “preventable harm” each year. Another study found that around 200,000 patients died because of preventable medical errors.
If you have been the victim of medical neglect, your remedy could be to file a lawsuit to seek damages. However, before the lawsuit can be filed in New Mexico, you have to report the incident to the relevant medical boards.
Reporting a Doctor
The New Mexico Medical Board is in charge of licensing and disciplining doctors. The list of medical practitioners they have jurisdiction over is the following:
- Medical Doctors
- Doctors of Osteopathy
- Physician Assistants
- Doctors of Naprapathy
- Anesthesiologist Assistants
- Polysomnographic Technologists
- Genetic Counselors
- Podiatrists
To submit a report, you must include details of the complaint and any documentation. The board can discipline a doctor. In extraordinary circumstances, they can remove that doctor’s license and prevent them from practicing medicine in the state. However, the board can’t help you with a medical malpractice lawsuit or any type of resolution with your doctor.
Reporting a Nurse
If your issue is with a licensed nurse, you would have to file your initial complaint with the New Mexico Board of Nursing. The Board of Nursing investigates any alleged violations of the Nursing Practice Act. If you have a doctor and nurse who were involved in the neglect, you will have to make two separate reports.
Reporting a Health Facility
Your issue could also involve a particular health facility, such as a hospital, urgent care center, nursing home, or long-term care facility. These entities are also licensed and fall under the jurisdiction of the New Mexico Division of Health Improvement.
The good thing about reporting this type of complaint is that they will respond with their conclusions or actions within five days of filing the report.
Potential Medical Errors
In addition to the misdiagnosis mentioned above, several other types of medical errors could be part of your eventual malpractice lawsuit. Here are some of those errors that might be part of your filing:
Communication Problems
It is the responsibility of a doctor to effectively communicate with their patient about their diagnosis, course of treatment, and prescribe medications. A patient can claim they understand, but that isn’t always the case. Written information should be provided to the patient that explains all aspects of their condition.
Not all communication problems involve a doctor and a patient. A doctor could also miscommunicate with their staff, lab technician, or pharmacist. Any one of those miscommunications could harm the patient.
Delayed Diagnosis
A delayed diagnosis is every bit as potentially harmful as a misdiagnosis. A delayed diagnosis allows a disease to progress and prolongs potential pain.
Surgical Errors
A successful surgery outcome requires a team of experienced and skilled professionals carrying out a precise procedure. Unfortunately, if that team is fatigued because of the number of surgeries scheduled in a day or isn’t paying attention, injuries can occur. That can mean anything from operating on the wrong patient or wrong limb to leaving behind surgical equipment inside the patient.
Technical Failure
Modern technology plays an integral part in patient care. It is part of the initial exam, the laboratory tests, and many aspects of surgery and recovery. All of that equipment needs to be properly maintained and calibrated. Failure to do so can lead to injury or death.
The Next Step
You don’t have to wait for a resolution of your medical malpractice report before proceeding with a lawsuit. You can bring the details of what happened to the Barrera Law Group LLC. We have dealt with all levels of medical malpractice lawsuits.
We understand the challenges of building a strong case. We also know how to calculate what a fair compensation should be. Even if your issue is with a doctor that you’ve known for years, you deserve to have a remedy for your losses.
Call to set up a free consultation to discuss what is going on.