Your case is our top priority, and we will leverage the full extent of our firm’s resources – including our hometown advantage – to deliver the results you deserve.
What Is Medical Misdiagnosis?
Medical misdiagnosis occurs when a healthcare provider fails to correctly identify a patient’s illness or condition. This can include diagnosing the wrong condition, failing to diagnose a condition at all, or delaying a diagnosis until the disease has significantly progressed.
Not every diagnostic error qualifies as malpractice. To establish a valid claim, it must be shown that another reasonably competent healthcare provider would have made the correct diagnosis under similar circumstances, and that the error directly caused harm to the patient.
How Healthcare Providers Diagnose Medical Conditions
The diagnostic process is complex and requires careful evaluation, clinical judgment, and attention to detail. Healthcare providers typically diagnose medical conditions by:
- Reviewing a patient’s medical history
- Listening to reported symptoms
- Performing physical examinations
- Ordering laboratory tests and imaging studies
- Consulting specialists when necessary
- Monitoring symptoms over time
Errors can occur at any stage of this process. When providers rush appointments, ignore patient complaints, misread test results, or fail to follow up on abnormal findings, patients can suffer serious consequences. Our Farmington medical misdiagnosis attorney can investigate where the diagnostic process failed and who may be responsible.
Common Types of Misdiagnosis
Misdiagnosis can occur in nearly any area of medicine, but some conditions are more frequently misdiagnosed than others. Common types of medical misdiagnosis include:
- Cancer misdiagnosis, such as delayed detection of breast, lung, or colon cancer
- Heart attack or stroke misdiagnosis, often mistaken for anxiety or indigestion
- Infections, including sepsis or meningitis
- Neurological conditions, such as brain injuries or multiple sclerosis
- Autoimmune diseases, including lupus or rheumatoid arthritis
- Internal injuries, particularly after accidents
- Diabetes, especially in children or early-stage patients
Delayed diagnosis of these conditions can significantly reduce treatment options and worsen patient outcomes.
Common Causes of Misdiagnosis
Medical misdiagnosis can result from a wide range of preventable errors, including:
- Failure to take a complete medical history
- Ignoring or dismissing patient symptoms
- Misinterpreting lab results or imaging scans
- Failure to order necessary diagnostic tests
- Poor communication between healthcare providers
- Inadequate follow-up care
- Overreliance on initial assumptions or stereotypes
- Time pressure and understaffed medical facilities
In hospitals, urgent care centers, and clinics throughout Farmington, systemic issues such as high patient volume and staffing shortages can contribute to diagnostic mistakes.
Long-Term Effects of Misdiagnosis
The long-term consequences of medical misdiagnosis can be life-altering. Depending on the condition and delay involved, patients may experience:
- Disease progression or spread
- Permanent organ damage
- Loss of mobility or cognitive function
- Chronic pain or disability
- Reduced life expectancy
- Increased medical expenses
- Emotional distress and anxiety
- Loss of income or earning capacity
In the most severe cases, misdiagnosis can result in wrongful death. Families left behind may be entitled to pursue a claim on behalf of their loved one.
Proving a Medical Misdiagnosis Claim in New Mexico
To succeed in a medical misdiagnosis claim, you must establish several key elements:
- A doctor-patient relationship existed
- The provider failed to meet the accepted standard of care
- The misdiagnosis directly caused injury or worsened the condition
- The patient suffered measurable damages
Medical malpractice cases are complex and often require expert testimony from qualified medical professionals. A skilled Farmington medical misdiagnosis lawyer at Harvey, Foote & Baker Law Firm can gather medical records, consult expert witnesses, and build a strong case on your behalf.
Compensation for Misdiagnosis Victims
Victims of medical misdiagnosis in Farmington, NM may be entitled to compensation for both economic and non-economic damages, including:
- Past and future medical expenses
- Costs of corrective treatment or surgeries
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Long-term care or rehabilitation costs
New Mexico law places specific requirements and limitations on medical malpractice claims, making it critical to work with an attorney familiar with local regulations.
Misdiagnosis FAQs
How long do I have to file a misdiagnosis claim in New Mexico?
New Mexico generally has a statute of limitations for medical malpractice claims, but deadlines can vary depending on the circumstances. Consulting a lawyer as soon as possible is crucial.
Is a delayed diagnosis the same as a misdiagnosis?
Yes. A delayed diagnosis can qualify as medical malpractice if it caused harm and deviated from the accepted standard of care.
Do I need a medical expert to prove misdiagnosis?
In most cases, expert medical testimony is required to establish how the provider’s actions fell below professional standards.
Can I sue a hospital for misdiagnosis?
Yes. Hospitals may be liable for errors made by their employees, such as doctors, nurses, or technicians.
Why Families Choose Our Law Firm
Families who contact us after a suspected misdiagnosis are often grieving, angry, and confused. They want answers, accountability, and a law firm that understands both the medical issues and the realities of nursing homes and medical facilities in our state. We have shaped our practice around those needs.
Our primary focus is on nursing home abuse and medical negligence in New Mexico. Many serious misdiagnosis cases begin in long-term care settings, where residents depend on staff to recognize changes in condition and to contact medical providers promptly. Because our work centers on these facilities, we know how policies, staffing levels, and communication failures can lead to dangerous diagnostic errors.
Over the years, our attorneys have helped secure multimillion-dollar settlements for clients and their families. These outcomes reflect significant, complex cases, including ones where misdiagnosis or delayed diagnosis contributed to permanent injury or wrongful death. In some matters, our work has also helped prompt important changes in nursing home procedures, which can improve safety for residents beyond the people we represent.
Attorney Dusti Harvey previously served as in-house corporate counsel and mediator for a national nursing home chain. That background gives our team perspective on how facilities and their insurers evaluate and defend cases. When we investigate a suspected misdiagnosis, we understand the corporate structures and internal pressures that often sit behind front-line staff.
Clients also tell us that they value how we balance efficient resolution with readiness for trial. We strive to resolve many cases without drawn out litigation when that is consistent with our client’s goals. At the same time, we prepare cases carefully so we can pursue them in court when a fair resolution requires it.
Throughout the process, we keep our approach grounded in empathy. Misdiagnosis cases are deeply personal, and our team works to provide both clear legal guidance and consistent support.
To discuss a potential misdiagnosis case, call (505) 295-2245 today.
What Sets Us Apart
-
You Deserve Maximum CompensationOur team is committed to standing up for the injured in New Mexico. When you or your loved one have been harmed because of someone else's negligence, you don't just deserve compensation, you deserve justice.
-
You Deserve an Experienced Legal TeamOur attorneys have handled thousands of cases and are true legal innovators when it comes to pursuing cases. We have the tools, resources, and knowledge to properly obtain maximum compensation on your behalf.
-
You Deserve New Mexico AdvocatesAt Harvey, Foote & Baker Law Firm we are New Mexico-based attorneys who understand how scary and difficult this time can be. When you work with us, we can guarantee that you, your family, and your case are of the highest priority to us.
-
You Deserve Dedicated RepresentationSince 2005 our team has been solely dedicated to protecting the rights of those injured and mistreated in nursing homes throughout the state. We know and understand how the system works and how to obtain the best possible outcome on your behalf.
Real Clients. Real Stories.
Hear From Past Clients Who Have Worked With Harvey, Foote & Baker Law Firm
-
There are no words to express my appreciation for everyone at the Harvey, Foote & Baker Law Firm. You gave my mom her dignity back and made sure she wasn't just a number. Of course, we would rather her still be with us but you enabled her to leave a legacy to her grandchildren. You helped us through the worst time of our lives and got justice for my mom. I always knew that I had the best team on my side!!Carla S.
-
Our lives were changed by tragedy in December 2012, but the team at Harvey, Foote & Baker were a sight for sore eyes. We were lucky to have such smart and talented attorneys and staff who fought hard for us. I will never forget the professionalism, care, and sincere attention you always gave us. You've made a huge difference in my life, and I am grateful to all of you!Lydia S.
-
The team at Harvey, Foote & Baker is wonderful and compassionate. They worked hard to help us after losing our father due to neglect of care. They continue to fight for our family, and we appreciate them so much. Highly recommend.Michael C.
-
Harvey, Foote & Baker Law Firm is the team you want looking out for your best interests. You can rest assured knowing they are on your side. The many obstacles facing your case will be met by their dedicated team of professionals.Norberto G.
-
“Having the BEST attorneys on our side brought about an even better than expected outcome. Thank you, Dusti, Jennifer, and all of your amazing staff!!”Mara H.
-
“We were astounded by how thorough you were, delightful towards us, but tough against the other side. We were shocked that you were able to recover so much money for our family.”Cindy
-
“Ms. Dusti Harvey and Ms. Jennifer Foote and their staff were an AMAZING firm to work with!!! Their staff kept me in the loop through the entire process.”Tammi L.
-
“Dusty and her crew were there to pick up the pieces and made sure that they kept us informed from the smallest thing to the biggest. I will forever be grateful to you.”Hermelinda P.