When a heart attack or stroke occurs,
it is often a life-changing event. These medical emergencies can lead to severe consequences, such as permanent disability or even death. In New Mexico, as in other states, the healthcare system is expected to provide high-quality, timely, and effective care. However, when medical professionals fail in this duty—whether through misdiagnosis, delayed treatment, or improper management—patients and their families may have grounds for a medical malpractice claim.
In this blog, we will explore the connection between heart attacks, strokes, and medical malpractice in New Mexico, how healthcare providers can be held accountable, and what steps you should take if you believe you or a loved one has been affected by negligence.
Understanding Heart Attack and Stroke Medical Malpractice
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or medical facility, deviates from the accepted standard of care in their treatment of a patient. When this deviation leads to harm, it may constitute malpractice. For heart attacks and strokes, the standard of care involves recognizing warning signs, making quick and accurate diagnoses, and providing appropriate treatments in a timely manner.
Common Medical Errors Leading to Heart Attack and Stroke Malpractice Claims
Heart attacks and strokes are critical emergencies that require immediate intervention. If a healthcare provider fails to recognize the symptoms or delays treatment, it can lead to worsened outcomes. Some common errors that can contribute to heart attack or stroke medical malpractice claims include:
Failure to Recognize Symptoms or Risk Factors
Heart attacks and strokes have a variety of warning signs. These can range from chest pain and shortness of breath to sudden numbness or confusion. A healthcare provider who fails to properly assess a patient's symptoms or risk factors—such as a family history of heart disease or previous cardiovascular events—may be found negligent if this leads to delayed treatment.
Misdiagnosis or Delayed Diagnosis
A prompt and accurate diagnosis is vital in heart attack and stroke cases. Unfortunately, doctors may misinterpret the symptoms, confuse them with other conditions, or fail to conduct appropriate tests. Delaying a diagnosis can be life-threatening, especially for conditions like stroke, where the window for effective treatment is limited.
Failure to Administer Appropriate Treatment
Heart attack and stroke treatments, such as blood thinners, clot-busting drugs, and surgical interventions, must be administered quickly. Failure to provide the right treatment or administer it within the critical time frame can lead to long-term damage or death.
Improper Monitoring or Post-Treatment Care
After a heart attack or stroke, patients require careful monitoring and follow-up care. If a healthcare provider fails to monitor the patient's condition properly or does not provide the necessary aftercare, the patient may suffer severe complications or a recurrence of the event.
Inadequate Communication Between Healthcare Providers
Heart attack and stroke patients often require the coordination of several healthcare providers, from emergency room physicians to specialists. When there is poor communication or a failure to coordinate care, it can delay or compromise treatment, worsening outcomes for the patient.
New Mexico’s Legal Framework for Medical Malpractice
In New Mexico, the law recognizes the right of patients to seek compensation for injuries caused by medical malpractice. However, proving medical malpractice in heart attack and stroke cases can be complex and requires expertise in both law and medicine.
Here are some key points regarding medical malpractice claims in New Mexico:
Statute of Limitations
In New Mexico, the statute of limitations for filing a medical malpractice lawsuit is generally three years from the date of the alleged malpractice. However, if the patient was unaware of the injury or did not discover it until later, the statute may be extended to one year from the date the injury was discovered or reasonably should have been discovered. It is crucial to consult with an attorney as soon as possible to ensure that you do not miss any deadlines.
Expert Testimony
To prove medical malpractice, you will need the testimony of medical experts who can demonstrate how the healthcare provider’s actions fell below the accepted standard of care. This is particularly important in cases involving heart attacks and strokes, where medical knowledge and experience play a crucial role in diagnosis and treatment.
Burden of Proof
In New Mexico, the burden of proof in medical malpractice cases lies with the plaintiff (the patient or their family). This means that you must prove, by a preponderance of the evidence, that the healthcare provider’s negligence caused harm. This can be a challenging process, which is why working with an experienced attorney is essential.
Compensation for Medical Malpractice
If you are successful in a medical malpractice claim, you may be entitled to compensation for various damages, including:
Medical expenses, both past and future
Lost wages due to disability or inability to work
Pain and suffering caused by the heart attack or stroke
Emotional distress for the patient and their family
Loss of consortium if a loved one has died
Why Choose Keller & Keller Injury Lawyers?
At Keller & Keller, we understand the physical, emotional, and financial toll that a heart attack or stroke can have on both patients and their families. If you or a loved one has suffered due to medical negligence in New Mexico, our experienced team of attorneys can guide you through the legal process.
With decades of experience handling complex medical malpractice cases, we are committed to fighting for justice on behalf of victims of negligence. Our attorneys have the resources, knowledge, and determination to take on medical providers, insurance companies, and large healthcare organizations to ensure that you receive the compensation you deserve.
Call Keller & Keller -We Can Help
If you suspect that you or a loved one has suffered due to a misdiagnosed or delayed heart attack or stroke in New Mexico, it is important to act quickly. The team at Keller & Keller is here to help:
Free Case Evaluation – We offer a no-obligation consultation to discuss your case and help you understand your legal options.
Expert Legal Representation – Our attorneys work with medical experts to build a strong case and ensure that the negligent party is held accountable.
Compassionate Support – We understand that these cases are emotionally and physically taxing, and we are committed to offering the support you need during this challenging time.
If you or a loved one has been harmed due to a heart attack or stroke misdiagnosis or delay, don’t hesitate to reach out to Keller & Keller Injury Lawyers. We are here to fight for your rights and help you achieve the justice you deserve.
Contact us today to schedule a free consultation. We are ready to help you navigate this complex area of law and pursue the compensation you need to move forward with your life.
