Phoenix, AZ asked in Medical Malpractice for New Mexico

Q: Can I sue a doctor for misfeasance if the incident occurred several years ago? If so, what might the outcome look like?

I recently discovered that I have a medical condition, which had it been caught sooner would’ve resulted in a better prognosis.

Several years ago I presented to the E.R. with the same complaints that, ultimately, led my current physician to their diagnosis.

The doctor at the E.R. believed my symptoms to be caused by a hernia and ordered a CT scan. When the imaging did not support this diagnosis, instead of investigating further, he told me my symptoms were caused by indigestion. Even though I was in pain, I took him at his word because I figured that he probably knows what he’s doing.

Had additional tests and imaging been performed, I believe that the doctor would’ve arrived at the same diagnosis as my current physician; resulting in a much better prognosis.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A New Mexico attorney could advise best, but your question remains open for two weeks. As a general matter for med mal cases nationwide, the legal standard applied is not "misfeasance," but "breach of a duty." It would be difficult for anyone to answer your question about an outcome, but you could reach out to law firms and ask about a free initial consult, which most med mal firms offer. If an attorney identified the basis for a potential case, they could request your records and review the file with a medical professional. Good luck

Tim Akpinar

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