In a recent opinion, the New Mexico Supreme Court addressed the nuances of the New Mexico Medical Malpractice Act (MMA). The opinion stems from a plaintiff’s lawsuit against an OB/GYN who allegedly failed to diagnose a large malignant mass on the plaintiff’s left ovary.
In 2006, the plaintiff was experiencing pain near her pelvic region and sought treatment from the defendant hospital in New Mexico. The plaintiff consulted with a doctor who was affiliated with the hospital. The doctor reviewed the hospital’s report, and, without scheduling a biopsy, he diagnosed the plaintiff with endometriosis. Neither the doctor nor the plaintiff followed up with the other after this initial meeting.
The plaintiff continued to suffer with the pelvic pain for about two more years when she finally consulted with another doctor in Wyoming. At this time, the plaintiff became aware that the defendant doctor did not inform her of a mass on her ovary. Unfortunately, additional tests showed the presence of ovarian cancer, which required a hysterectomy.