Receiving a delayed prostate cancer diagnosis can be a devastating and overwhelming experience. This delay may have caused unnecessary pain, suffering, and a potentially worse prognosis.
If you believe your healthcare provider’s negligence led to your delayed diagnosis, you may have a valid medical malpractice prostate cancer claim.
Knowing what to do next is vital if you plan to file a prostate cancer lawsuit for delayed diagnosis.
In this post, our medical malpractice lawyers in New Mexico outline the steps you should take when preparing to file a medical malpractice claim in New Mexico.
If you have questions or would like to share your story, please contact us today.
Consult with a Medical Expert
To establish a valid medical malpractice claim, you must demonstrate that your healthcare provider’s actions fell below the accepted standard of care.
A medical expert with experience in diagnosing and treating prostate cancer can review your records and provide an objective opinion on the delay and how it impacts your cancer.
Gather Medical Records and Other Evidence
You must collect all relevant medical records, including diagnostic tests, consultations, and treatment plans. These documents and more will serve as evidence to support your malpractice claim that the healthcare provider failed to meet the standard of care, leading to your delayed diagnosis.
Document the Impact of the Delayed Diagnosis
You want to document the emotional, physical, and financial consequences throughout this process. Keep copies of everything relevant—lost wages, medical bills, and any expenses related to your care.
Start a journal discussing how the delay impacts your life and cancer journey. Include information about your symptoms, pain levels, and any emotional distress you have experienced due to the delay.
Understand the Statute of Limitations
New Mexico’s Medical Malpractice Act is complicated. In New Mexico, the statute of limitations for filing a medical malpractice claim could vary depending on whether the provider is a qualified medical provider under the Act.
Generally, you only have three years from the date of the alleged delayed diagnosis. The court will likely dismiss your case if you miss this deadline.
Hire an Experienced New Mexico Medical Malpractice Prostate Cancer Lawyer
New Mexico’s Medical Malpractice Act requires you to submit your case to the Medical Review Commission first. You should have a skilled medical malpractice lawyer representing you and helping you build the strongest case possible.
If the panel doesn’t find your case suggests malpractice, you can still file a lawsuit. However, their findings will also be admitted into evidence. The medical provider’s lawyer will argue that it shows no evidence of malpractice.
Hiring a medical malpractice lawyer offers several benefits, including the following:
- In-depth knowledge of the New Mexico Medical Malpractice Act,
- Access to a network of medical experts, investigators, and other resources needed to build a strong case on your behalf,
- Negotiation skills that help achieve maximum prostate cancer lawsuit settlements, and
- Representation in court should your case go to trial.
A delayed prostate cancer diagnosis can have a severe impact on your life. Pursuing a malpractice claim may not improve your prognosis, but it can help you deal with the financial burden of treatment, pain and suffering, and other expenses.
Contact a Malpractice Lawyer at Poulos & Coates Today
You have legal rights if you believe your medical provider is responsible for a delayed diagnosis. Please contact a New Mexico medical malpractice lawyer at Poulos & Coates to discuss how we can help.
Our practice is devoted to medical malpractice cases, and we even have a doctor and nurse on staff to help with case evaluations.
When a medical professional in New Mexico has wronged you, there’s no better legal representation than our skilled legal team. Contact our office today to schedule an initial consultation.
Victor Poulos
Vic Poulos & Greig Coates became law partners in April of 2002, when the two medical malpractice litigators merged their offices, combining what is now over seventy years of litigation experience, to form Poulos & Coates, LLP. Licensed to practice before all State Courts of Texas, New Mexico, Iowa, and Kansas. Licensed to practice before the United States District Courts of Kansas, Iowa, New Mexico, and Texas (Western, Eastern, Southern, and Northern Districts of Texas), as well as the United States Court of Appeals for the Fifth Circuit and the U.X. Ax Court.
Rate this Post
Loading...