The first step in treating a patient is properly diagnosing his or her medical condition. Protocols have been established for how a health care provider should correctly diagnose a patient. If a doctor does not follow the proper steps, it can increase the risk of harmful diagnostic errors, including a delayed diagnosis.
Patients in Albuquerque who suffer adverse health outcomes due to diagnostic errors by medical practitioners have the right to pursue financial compensation through malpractice claims. Learn more about your rights during a free consultation with an Albuquerque medical malpractice attorney at The Fine Law Firm.
What Is a Delayed Diagnosis?
Health care providers have a legal obligation to adhere to the required standards of patient care that are established by the medical field. This includes promptly and properly diagnosing a patient’s medical condition using the tools and resources available.
When it comes to diagnosing a patient, a doctor should begin by assessing the patient’s family and medical histories. This is followed by a physical examination and analysis of the patient’s symptoms. Medical tests should then be ordered to rule out possible diagnoses until the correct diagnosis is made.
A delayed diagnosis describes a health care provider taking too long to identify a patient’s medical condition. A “reasonable” length of time depends on how quickly a doctor exercising an ordinary degree of care would have diagnosed the condition in the same circumstances. Other dangerous diagnostic errors include Albuquerque misdiagnosis lawsuits and Albuquerque failure to diagnose lawsuits.
When Is a Delayed Diagnosis Considered Medical Malpractice?
Physicians are not expected to come to the correct diagnosis every time. However, they are expected to exercise a reasonable degree of care when diagnosing a patient based on the standards established by the medical field. If a correct diagnosis is not ascertained within a reasonable timeframe, a medical malpractice claim can arise.
Medical malpractice cases involve four key elements:
- Duty of care: the health care provider (defendant) had a responsibility to provide competent care to the injured patient (plaintiff) due to the existence of a doctor-patient relationship
- Breach of duty: the doctor failed to meet the required standard of care, meaning he or she did not act in a reasonably competent manner when diagnosing the patient’s conditions
- Causation: the delayed medical diagnosis and the patient’s harm were directly caused by the doctor’s breach of the standard of care.
- Damages: the diagnostic error caused compensable losses to the plaintiff, such as bodily harm or the patient’s premature death.
Examples of medical malpractice that can contribute to a delayed diagnosis include ignoring a patient’s concerns or complaints, failing to order necessary medical tests, misinterpreting test results, and failing to refer the patient to a specialist.
What Medical Conditions Are Commonly Missed by Doctors?
The signs of serious medical problems could be mistaken for other conditions or missed entirely by a careless physician in Albuquerque. This can lead to a dangerous lapse in care, meaning the patient does not receive the treatments he or she needs. The following health problems tend to be overlooked by doctors:
- Heart attack
- Pulmonary embolism
- Stroke
- Brain aneurysm
- Internal injuries
- Cancers
- Infections
- Bone fractures
- Diabetes-related complications
If a physician rushes through the patient intake process, is overloaded with too many patients, violates a health care protocol, is inattentive to the patient, or engages in other negligent actions or omissions, a diagnostic error is more likely to occur.
What Are the Consequences of a Delayed Diagnosis?
A delayed diagnosis is a dangerous mistake that can compromise a patient’s health, safety, treatment options, recovery and prognosis for the future. A cancer patient, for example, may miss opportunities due to a diagnostic delay if the cancer spreads to the point where certain treatments – such as surgery – are no longer an option. In this way, a delay can diminish the patient’s odds of survival.
A delayed diagnosis can also subject a patient to invasive treatments that may not have been necessary with earlier disease detection. Early-stage cancer, for instance, could potentially be treated with radiation therapy, while later-stage diagnoses may require aggressive solutions such as chemotherapy and surgical intervention. In the most severe cases, an overlooked medical condition could result in the patient’s wrongful death.
How to File a Delayed Diagnosis Claim in Albuquerque
If a delayed medical diagnosis is related to a physician’s negligence, it may be grounds for a medical malpractice claim in New Mexico. These are complicated types of cases that come with their own set of rules and requirements. For example, in New Mexico, all medical malpractice claims must pass through a medical review commission before proceeding to court.
The commission screens all submitted medical malpractice claims using a panel of three medical professionals. To initiate a claim for a delayed diagnosis, an attorney representing the injured patient must file an application for review that contains details of the alleged malpractice and authorization for the panel to access the patient’s medical records.
Only if the panel approves the claim – or the defendant agrees to waive the panel review – can a malpractice claim proceed. The lawsuit must also be filed within three years of the date of malpractice under the state’s statute of limitations. Hiring an experienced attorney in Albuquerque can make it easier for you to meet the requirements of this complex type of case.
Collecting Financial Compensation for a Delayed Diagnosis
A successful medical malpractice claim for a delayed diagnosis injury could result in financial compensation, or damages, being awarded to the victim for past and future related losses. The recovery of both economic and noneconomic damages may be available. Examples include:
- Health care costs
- Pain and suffering
- Lost wages
- Lost ability to earn due to a disability
- Travel expenses
- Loss of consortium
- Lost quality of life
- Funeral and burial costs
- Punitive damages, in some cases
An insurance settlement or court judgment award can make it easier for an injured patient to move forward by providing the financial compensation that he or she needs to pay for necessary care after a harmful delayed diagnosis. Discuss your specific case with an attorney to determine its potential value.
How a Delayed Diagnosis Lawyer in Albuquerque Can Help You
A delayed medical diagnosis can have a traumatic impact on the patient, such as exacerbated medical issues and a worsened prognosis for recovery. If you believe that your doctor should have made a timelier diagnosis of your medical condition, you may be entitled to financial compensation for your losses. Speak to a medical malpractice attorney at The Fine Law Firm at no cost today. Contact us at (505) 889-3463.