New Mexico Leukemia Patient Fails to Revive Loss-of-Chance Claim

A patient’s claim that a New Mexico hospital’s failure to properly treat his pediatric leukemia cost him his best chance for survival or a better outcome can’t succeed, a state appeals court said.

A loss-of-chance medical malpractice claim requires a plaintiff to demonstrate that they suffered actual physical harm as a result of the malpractice, the New Mexico Court of Appeals said Monday. Named plaintiff Leon Salazar didn’t satisfy this element of his claim, the court said in affirming summary judgment for the University of New Mexico Hospital.

The New Mexico Supreme Court recognized a cause of action for loss-of-chance ...