Misdiagnosis and delayed diagnosis claims in New Mexico

When a missed diagnosis is malpractice

Not every missed diagnosis is malpractice. A claim usually requires showing that a reasonably careful provider in the same field would have made the diagnosis, and that the delay changed the outcome: for example, a cancer that spread, or a stroke or heart attack treated too late.

Why these claims are urgent

Diagnosis errors are often discovered long after the visit where the diagnosis was missed. Because New Mexico's three-year clock for qualified providers runs from the date of the error, not discovery, a delayed-diagnosis claim can expire before the patient learns of it. See deadlines.

Records to gather

• Visit notes and test results from the first visit with symptoms
• Imaging and lab reports
• Records from the provider who eventually made the diagnosis
• A timeline of symptoms