Albuquerque Failure to Diagnose Lawyer

The failure to diagnose an illness or a delayed diagnosis is a form of medical malpractice. This can result in severe repercussions, and it may cause physical disabilities or even death. If you’ve faced pain due to the actions or inaction of your healthcare professional, seek counsel from an Albuquerque failure to diagnose lawyer.

Albuquerque Failure to Diagnose Attorney

If you are a victim of a physician’s failure to diagnose, contact the Branch Law Firm. For more information, call (505) 243-3500, and schedule a free consultation with one of our experienced Albuquerque failure to diagnose attorneys.

Why Choose Our Firm

• With over 50 years of experience in advocating for injury victims, our Albuquerque personal injury lawyers know what it takes to succeed in your medical malpractice case.
• We are highly skilled in negotiating, and our firm can pursue a fair settlement in your claim. We are also prepared to take the matter to trial, if necessary. Regardless of the medical professionals or insurance company involved, we can advocate fiercely on your behalf.
• We have recovered millions of dollars in compensation on behalf of our clients through medical malpractice claims. That said, we cannot guarantee any specific results for your case.

Why You Need a Lawyer

It is very important to consult a medical malpractice attorney if there may have been an incidence of negligence or malpractice, including one that involves a physician’s failure to diagnose your illness or injury.

When dealing with medical malpractice, keep in mind that hospitals, doctors, and many healthcare personnel are trained in the right way to solve these issues for their benefit. While this is unfortunate, you need someone who can advocate for your rights and seek the compensation you are entitled to.

By hiring one of our injury attorneys, you can have someone to investigate your case, handle legal issues as they come up, and advocate for you throughout your failure to diagnose case.

What is a Failure to Diagnose?

When a doctor does not diagnose a patient’s medical condition in a timely manner, it is referred to as a failure to diagnose. It is a type of medical malpractice that involves a healthcare professional missing particular symptoms, which would otherwise lead to a specific and correct diagnosis of the patient’s condition.

As a result, the patient is subjected to further harm and injury due to the lack of appropriate treatment by their medical provider. A failure to diagnose in Albuquerque can take the form of:

• A diagnostic error
• Misinterpretation of medical tests
• Failure to order appropriate tests
• Not referring a patient to a specialist
• Refusing to investigate or follow up on the patient’s symptoms
• Not consulting with a patient about their condition
• Failure to promptly treat severe medical conditions, such as a heart attack or an aneurysm

What a Reasonable Diagnostic Workup Usually Includes

In the United States, one in three clinicians has had a legal case opened against them at one point in their career. Between 2020 and 2022, a survey by the American Medical Association reported 2,197 medical malpractice claims opened against primary care doctors in the U.S. This survey was completed by 14,000 physicians throughout the nation.

Medical mistakes can be common, and it’s important to know what to look for during your medical appointment to know if your provider isn’t offering the standard level of care. A careful diagnostic process typically involves the doctor:

1. Taking a complete history, including prior conditions, medications, and family history
2. Listening to symptoms and asking follow-up questions
3. Performing an appropriate physical exam
4. Building a list of possible causes and ruling out life-threatening conditions first
5. Ordering appropriate tests or imaging when needed
6. Properly reviewing the test results
7. Correctly interpreting test results or consulting radiology/pathology when needed
8. Referring to a specialist when symptoms warrant it
9. Giving clear “return precautions” and follow-up instructions when a condition can evolve

How Do I Prove Liability in a Failure to Diagnose Case?

The following elements must be established in order to prove liability for a malpractice claim:

1. The physician had a professional relationship with the patient and, therefore, owed them a duty of care (typically easy to prove with the use of medical records).
2. The physician failed to meet the appropriate standard of care for their profession, or they were negligent in some aspect of the patient’s treatment (failure to diagnose). A few examples include:
   1. Failure to ask you certain questions
   2. Failure to send a blood test to the proper lab
   3. Giving a fake name for your illness
   4. Any other conduct which a similar doctor, under similar circumstances, would never have done
3. The physician’s negligence resulted in an injury to the patient.
4. The resulting injury caused measurable damages to the patient, such as loss of income, physical pain, emotional distress and suffering, and/or disability.

To succeed in a failure to diagnose case, you will need a significant amount of evidence. This can include:

• Medical records
• The responsible physician’s notes
• Notes from any other doctors if a second opinion was pursued
• Witness statements
• Copies of correspondence (e.g., emails or voicemails)
• Photographic or video documentation if available

These cases can become even more complicated if multiple medical professionals, hospitals, or parties are liable. For example, you may also wish to file a claim against the hospital where the medical malpractice occurred, along with any local, state, or federal agencies responsible for the hospital’s operations.

It’s important to hire a failure to diagnose lawyer to explain what specific state failure to diagnose laws apply to your unique situation.

FAQs

What Is the Deadline to File a Medical Malpractice Claim in New Mexico?

The deadline to file a medical malpractice claim in New Mexico is typically three years from the date of the incident. For residents of Albuquerque, this can be filed at the Bernalillo County Courthouse, located at 400 Lomas Boulevard Northwest. If you fail to file within three years, the court will likely dismiss your case entirely, and you cannot recover any compensation.

How Difficult Is It to Obtain a Settlement in a Medical Malpractice Case in Albuquerque?

It can be difficult to obtain a settlement in a medical malpractice case in Albuquerque, depending on the specific circumstances of your situation. For example, if there isn’t a substantial amount of evidence leaning in your favor, it can make your case more difficult to prove. If liability is heavily disputed, this can decrease your chances of success. Your lawyer can offer advice about the odds of success with your claim.

What Compensation Can I Receive in a Medical Malpractice Case?

In New Mexico, the amount of compensation that can be obtained in a medical malpractice case can vary. Victims can file a claim to recover compensation for:

• Their medical bills
• Lost income due to missing work from injuries
• Damage to personal belongings
• Pain and suffering
• Loss of enjoyment of life

The amount awarded will depend on the degree of liability and the extent of the victim’s losses.

What Are Punitive Damages in a Medical Malpractice Case?

In New Mexico, punitive damages are a specific type of damages that can be requested in a medical malpractice case. These are awarded when the wrongdoer acted with extreme malice or recklessness, such as working under the influence of drugs. Punitive damages can further punish the responsible party for egregious wrongdoing.

Hire a Failure to Diagnose Lawyer at the Branch Law Firm

If you or a loved one has been harmed by a doctor’s failure to diagnose a serious condition in Albuquerque, speak to a highly experienced medical malpractice lawyer today. We can investigate your failure to diagnose incident, gather sufficient evidence to support your claim, and seek the full scope of compensation you deserve. Contact our office today to set up a consultation.