Promptly and correctly diagnosing a patient is a critical part of medical care. An incorrect diagnosis, or misdiagnosis, can prevent a patient from receiving the life-saving medical intervention that he or she needs. If you believe that you or someone you love is a victim of medical misdiagnosis in Albuquerque, contact The Fine Law Firm right away. We can help you understand and protect your legal rights during an insurance claim or medical malpractice trial. Learn more with a free consultation.
Why Choose Us
- We have a 99 percent success rate. Our medical malpractice lawyers are nationally and locally recognized and respected.
- Our law firm has been in business for more than 40 years. We have extensive experience in medical malpractice law.
- We operate on a contingency fee basis. This means you won’t pay your lawyer unless we succeed in obtaining financial compensation for your medical misdiagnosis case.
What Is a Medical Malpractice Lawsuit? Do You Have a Case?
Medical malpractice is a civil tort. This means that it is a type of wrongdoing for which the hospital or health care provider can be held legally accountable. A medical malpractice claim is a civil lawsuit that seeks financial compensation for the injured victim of someone else’s negligence. Negligence is the failure to act with an appropriate amount of care, resulting in harm to others. In a medical malpractice claim, proving negligence requires evidence of four elements:
- The doctor, hospital or emergency room (defendant) owed a professional duty of care to the patient.
- The defendant(s) breached or violated the duty of care.
- The patient’s injury was caused by the breach of duty.
- The incident resulted in damages, or losses, suffered by the patient.
A medical misdiagnosis may give you grounds to file a malpractice lawsuit in Albuquerque if a reasonable and prudent doctor would have been able to come to the correct diagnosis in the same or similar circumstances. If your doctor committed an act of negligence, such as rushing through your exam or misinterpreting test results, you may have grounds to file a lawsuit for medical misdiagnosis, delayed diagnosis or failure to diagnose.
What Are the Most Commonly Misdiagnosed Conditions?
Physicians have a legal responsibility to use certain standards of care when diagnosing patients. A diagnosis requires careful attention to the patient’s physical signs and the symptoms that the patient reports. The doctor should create a list of all possible diagnoses, then use medical tests to carry out the process of elimination. If a doctor skips a step, rushes through the process or is otherwise negligent, he or she could misdiagnose a dangerous condition. The most commonly misdiagnosed conditions are:
- Heart attack
- Stroke
- Cancer
- Parkinson’s disease
- Lupus
- Celiac disease
- Multiple sclerosis
- Lyme disease
- Pulmonary embolism
A misdiagnosis can mean that a patient never receives the treatment that he or she needs for the illness or condition. It could also mean receiving unnecessary medical treatments, such as medications or even surgeries, that the patient does not need. Both of these mistakes can cause serious harm to the patient. The patient may have a worsened prognosis for recovery, higher medical bills, and more pain and suffering because of a medical misdiagnosis.
Contact a Medical Malpractice Lawyer in Albuquerque Today
In New Mexico, you can file a lawsuit to seek financial compensation for a misdiagnosis if it meets the definition of medical malpractice. Although a lawsuit cannot reverse the problems that you have endured due to a diagnostic error, it can provide you and your family with the money that you need to pay the bills and move forward.
At The Fine Law Firm, we are passionate about protecting patients’ rights and will do everything we can to hold the correct party accountable for your medical misdiagnosis. Discuss your case in more detail with an attorney today. Request your free consultation online or by calling (505) 889-3463 anytime.