Medical malpractice cases may be filed against any medical professional, including doctors, nurses, or hospital administrators. New Mexico medical malpractice claims must follow strict requirements or risk being dismissed without ever being heard. This includes filing the claim by the appropriate deadline, including all of the necessary facts in the initial complaint, and drafting the complaint such that it provides notice of the allegations to the defendant. A recent case illustrates how important properly pleading medical malpractice allegations can be, as well as the repercussions for failing to do so.
The plaintiff was a breast cancer survivor, who was discussing reconstructive surgery with the defendant doctor. However, due to the radiation that the plaintiff received to treat the breast cancer, there were certain risks associated with the procedure. Her left breast, specifically, received the radiation treatment.
Initially, the plaintiff wanted the doctor to operate on both of her breasts. However, after thinking about the risks involved, she decided to only proceed with the surgery on her right breast. She proceeded to have the defendant perform the surgery, but there was some miscommunication between the plaintiff and the defendant, and the defendant operated on both breasts. The defendant later claimed that he was not made aware that the plaintiff had changed her mind, and he presented his records indicating as much.