When Lab Results Are Ignored: Can It Be Medical Malpractice?

You get tested, have your blood drawn, and expect someone to call if there is a problem. But weeks later, you find out the result was abnormal the whole time. It might have shown signs of infection, cancer, kidney injury, internal bleeding, or another condition that needed quick attention. That is when families start to wonder whether they were victims of ignored lab results malpractice.

In New Mexico, failing to act on a test result or missing a test result can be grounds for a malpractice claim if the delay falls below the accepted standard of care and causes harm.

At Poulos & Cavazos, LLP, we investigate serious failure-to-review-lab-results negligence cases across New Mexico with a trial lawyer’s eye for records, timelines, and missed opportunities to prevent harm.

When Does an Ignored Test Result Become Medical Malpractice?

Not every bad outcome or delayed callback is malpractice. A valid claim depends on whether a provider failed to meet accepted standards of care and whether that failure caused harm.

These cases often come down to four questions:

• Was there a provider-patient relationship or another legal duty?
• What did the standard of care require once the result came in?
• Was that duty breached by not reviewing, sharing, or acting on the result?
• Did the delay make the outcome worse than it likely would have been with timely care?

In New Mexico, the standard of care asks what a reasonably well-qualified provider in the same field would do under similar circumstances.

An abnormal lab result alone does not establish a case. The key issue is how the result was handled afterward.

How Do Test Results Fall Through the Cracks?

Cases of ignored lab results malpractice generally result from a series of overlooked steps, such as:

• The provider ordering the test but never reviewed the result,
• The result not being flagged or acted on,
• Staff assuming someone else had handled the follow-up,
• Discharging the patient before an abnormal result was addressed,
• The provider underestimating the significance of a result, and
• The delay lasting long enough to worsen the condition.

Lab error is not limited to mistakes within the laboratory. Sometimes the problem is not in the testing itself but in how the result was documented, routed, or followed up on after it entered the chart.

We carefully review these cases to determine whether the breakdown occurred during testing, in chart management, or during provider handoffs.

Why Are Ignored Lab Results So Dangerous?

Lab tests are effective only when results are reviewed, understood, and acted upon. Patient safety experts warn that failing to communicate test results or delaying their delivery can lead to diagnostic errors, delayed treatment, and patient harm. Studies show that issues may arise before testing, during reporting, or after results are available, but remain unaddressed.

The real harm often results from delays, not the test itself. Abnormal findings, such as elevated potassium, positive blood cultures, critical pathology, or suspicious cancer markers, may not cause immediate harm. The risk increases when no one follows up, repeats the test, initiates treatment, or addresses the result before discharge.

What Harm Can Follow a Missed Diagnosis Due to a Lab Error?

What happens next depends on what the test showed and how much time was lost. Some conditions are manageable if caught early, but they tend to worsen if treatment is postponed.

A delayed or ignored result may lead to:

• Cancer diagnosed at a later stage;
• An untreated infection that spreads or turns septic;
• Avoidable surgery or a more invasive procedure;
• Stroke, heart, kidney, or organ-related complications from untreated abnormalities;
• Prolonged pain and illness; and
• Wrongful death, in the most serious cases.

These cases often involve more than a missed phone call. They include missed opportunities for timely treatment and prevention. Patients cannot respond to information they never received.

What Records Usually Tell the Story?

These claims often depend on the timeline. It is important to know when the test was ordered, when the result was available, who reviewed it, whether anyone responded, what follow-up was required, and how the patient’s condition changed during the delay.

The records that matter most usually include:

• The full hospital or clinic chart;
• Audit trails showing when a result was posted and who accessed it;
• Portal messages, phone logs, and discharge paperwork;
• Lab reports and reference ranges;
• Later records showing progression of the condition; and
• Expert review explaining how timely action likely would have changed the outcome.

Reconstructing the timeline is often critical. It can reveal whether the result was missed, ignored, or whether responsibility shifted, allowing the opportunity for timely treatment to be lost.

We build these cases by reconstructing the timeline, identifying responsible parties at each stage, and consulting qualified experts as needed.

What Should You Do If You Suspect Delayed Treatment from Ignored Tests?

Start saving information before details get lost. Ask for your chart, keep portal screenshots and discharge papers, note when symptoms worsened and when you made calls, and do not assume the medical record tells the whole story. In test result cases, small details often become very important.

Not every ignored-result case follows the same process. Provider qualifications and claims against hospitals or other entities may present unique challenges.

New Mexico has a three-year statute of limitations for malpractice claims, and some claims may involve Medical Review Commission procedures that affect the timeline and process. Delays can make these complex cases even harder to investigate.

We Can Help You Make Sense of What Happened

Ignored-result cases may appear straightforward, but they become complex when the defense shifts blame. The lab may claim it reported the result, the hospital may state it was in the chart, and the doctor may argue someone else should have called. The key question is not only what went wrong, but who was responsible for follow-up.

These cases require more than suspicion. They demand careful review of the chart, the reporting process, provider roles, and the medical significance of the delay. At Poulos & Cavazos, LLP, we focus on medical negligence and prepare every case for settlement or trial from the outset. If a missed result affected your care, contact us today at 575-523-4444 to discuss your options. 

Legal Resources Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other authoritative sources during the content development process:

• New Mexico Uniform Jury Instructions. UJI 13-1101 NMRA
• van Moll et al. The Nature, Causes, and Clinical Impact of Errors in the Clinical Laboratory Testing Process Leading to Diagnostic Error (2023).
• New Mexico Medical Review Commission.
• NMSA Section 41-5-3
• NMSA Section 41-5-13
• NMSA Section 41-5-14
• Wright et al. Closing the Loop on Test Results To Reduce Communication Failures: A Rapid Review of Evidence, Practice and Patient Perspectives (2020).

Victor Poulos, JD

For more than two decades, Victor Poulos has devoted his practice exclusively to representing patients and families harmed by medical negligence. He has handled complex medical malpractice cases involving hospitals, surgeons, anesthesiologists, and other healthcare providers, and has taken hundreds of depositions of physicians, nurses, and hospital staff across nearly every medical specialty. Mr. Poulos has successfully tried high-stakes malpractice cases to verdict and is known for his meticulous case preparation and relentless advocacy on behalf of injured patients.

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