When a negligent physician misdiagnoses a patient, the patient will never get the treatment he or she needs, and may also receive dangerous and unnecessary procedures for the wrong condition. At The Fine Law Firm, our medical malpractice attorneys in Las Cruces represent patients in the fight for justice, accountability and fair financial compensation for harmful misdiagnosis errors. Find out if you have a case during a free initial consultation.
Why Choose Our Medical Misdiagnosis Lawyers in Las Cruces?
- With more than 50 years of history representing New Mexico clients and 100 years of combined experience among our legal team, we know how complex medical malpractice cases work and what they need to succeed.
- Our personal injury lawyers have achieved many multimillion-dollar case outcomes for clients in and out of the courtroom. Our case results include a $1 million verdict for failure to diagnose and a $925K settlement for a missed cancer diagnosis.
- We know how much a medical misdiagnosis error can disrupt your life. Our lawyers go above and beyond to make sure our clients feel seen, heard and supported. Our testimonials showcase our commitment to the success and satisfaction of our clients.
When to Contact a Medical Malpractice Attorney in Las Cruces
A medical misdiagnosis injury case must be proven based on a preponderance of the evidence to result in financial compensation for the patient. This requires compelling medical evidence, including expert testimony. Hiring a lawyer grants you access to important legal resources that can make it possible to prove your claim.
Your personal injury lawyer can investigate the doctor or hospital to search for evidence that your care was not handled correctly, and that a reasonably prudent doctor would have made the correct diagnosis. Then, your lawyer can file the legal paperwork to initiate your claim and fight for maximum compensation while you rest and recover.
In New Mexico, you have no more than three years from the date of the negligent act or the date that you discovered the connection between your harm and the medical misdiagnosis to file a claim. Don’t wait and risk missing your statute of limitations. Contact an attorney in Las Cruces right away to discuss a potential claim.
What Makes a Medical Misdiagnosis Malpractice?
Physicians in New Mexico are not legally required to make correct diagnoses every single time. They are, however, obligated to follow certain standards of practice when it comes to diagnosing and treating their patients.
The medical standard for patient diagnosis is known as “differential diagnosis,” which involves a process of elimination. In essence, a physician must listen to the patient’s symptoms, analyze the patient’s medical history and conduct a physical examination to compile a list of possible diagnoses. Then, the doctor must order appropriate diagnostic tests to rule out possibilities until the correct diagnosis remains.
If a doctor is negligent during the diagnostic process, meaning he or she doesn’t behave in a way that a reasonably prudent physician would have in the same circumstances, it can lead to a medical misdiagnosis. This can cause significant patient harm and lead to a lawsuit against the health care provider in New Mexico.
How to Prove a Medical Misdiagnosis Error Case
To prove a medical misdiagnosis, failure to diagnose or delayed diagnosis case, you or your medical malpractice lawyer must show evidence of four main legal elements:
- A doctor-patient relationship existed between the defendant (party accused) and the plaintiff (party injured), imposing a professional duty of care on the medical provider.
- The defendant breached the duty of care, or failed to meet the correct medical standards of care for diagnosing a patient.
- The defendant’s breach of professional duty caused the patient harm, such as physical injury or a worsened health status that otherwise would not have occurred.
- The plaintiff suffered compensable damages or losses because of the health care provider’s medical misdiagnosis.
The elements of medical malpractice must be proven “based on a preponderance of the evidence,” meaning the claim is more likely to be true than not true. Common evidence includes medical documentation, medical expert testimony and proof of patient damages.
Types of Negligence That Can Lead to a Medical Misdiagnosis Error
A physician or health care center can fall short of the duty of care in many ways. Diagnostic errors can stem from shortcomings at the facility or carelessness by the doctor. Either way, the injured patient may be eligible for financial compensation.
Common examples of medical malpractice that can lead to misdiagnoses include:
- Ignoring a patient’s symptoms or medical history
- Failing to order the correct diagnostic tests
- Diagnostic test misinterpretations
- Failing to send the patient to a specialist
- Understaffed or overcrowded hospital or emergency room
- Communication errors among the medical team
- Medical device malfunctions or defects
Some of the most frequently misdiagnosed medical conditions are cancer, heart attack, stroke, infections and pulmonary embolisms. Unfortunately, if a patient with any of these conditions is not promptly diagnosed and treated, the condition can be fatal.
Compensation Available for a Medical Misdiagnosis Error
Filing a claim for a harmful medical misdiagnosis can lead to a settlement or jury verdict that helps to make the injured patient whole again. New Mexico permits the recovery of both economic and non-economic damages in medical malpractice claims, such as:
- Medical bills (present and future)
- Lost wages and employment benefits
- Diminished capacity to earn
- Pain, suffering and emotional distress
- Loss of enjoyment of life
- Wrongful death damages (for fatal hospital negligence)
Punitive or exemplary damages may also be available in limited circumstances where the defendant committed an act of gross negligence. Discuss the potential value of your claim in Las Cruces with our lawyers before you accept a settlement.
Contact Our Experienced Medical Misdiagnosis Lawyers Today
A medical misdiagnosis can derail your recovery, leading to more severe harm than you would have otherwise suffered from your injury or medical condition. At Fine Law Firm, our team of lawyers in Las Cruces is passionate about helping injured patients seek justice for medical malpractice.
We can help you understand and protect your legal rights after a harmful misdiagnosis incident anywhere in New Mexico. If you have questions about a potential misdiagnosis case, we can answer them at no cost or obligation during a free consultation.
Our lawyers have decades of experience and are prepared to take on any health care provider in Las Cruces on your behalf. Call (505) 889-3463 or contact us online to learn more.