Delayed Diagnosis Your Experienced, Understanding And Responsive New Mexico Legal Advocates

Our New Mexico hospital negligence attorneys are aggressive in our pursuit of full compensation for injuries and deaths caused by hospital negligence.

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Delayed Diagnosis Lawyer in Albuquerque

Former In-House Counsel Brings Insight to Delayed-Diagnosis Claims

A delayed diagnosis in long-term care can allow an infection, injury, or other medical condition to worsen before a resident receives appropriate treatment. At Harvey, Foote & Baker Law Firm, we represent residents and families pursuing accountability for nursing home abuse, neglect, inadequate medical care, and failures to diagnose a resident’s condition.

Founded in 2005, we’ve handled thousands of abuse and neglect claims across New Mexico. Attorney Dusti Harvey previously directed litigation as in-house corporate counsel for a national nursing home chain. She also led its alternative dispute resolution program, a process for resolving disputes outside trial, for more than six years and mediated over 1,500 lawsuits nationwide. That experience helps us anticipate how facilities investigate and defend delayed-diagnosis claims.

Call (505) 295-2245 for a free consultation about a delayed diagnosis in Albuquerque or elsewhere in New Mexico.

What to Expect from a Delayed-Diagnosis Claim

We begin by listening to what happened and explaining your family’s legal rights and options. If we accept the case, we investigate the circumstances and prepare the claim using the available evidence.

Our work can include:

Initial Consultation: We discuss the delayed care and answer your questions about possible next steps.
Investigation & Case Preparation: We assess the evidence, the resident’s care, and the harm connected to the delay.
Negotiation & Courtroom Advocacy: We pursue a resolution that reflects our client’s goals and prepare to advocate in court when necessary.

We approach each case with compassion and give injured residents a voice through careful preparation for negotiation or trial.

Talk with Us About Harm from a Delayed Diagnosis

We offer free, confidential consultations in English and Spanish. We work on a contingency fee basis, so you pay no attorney’s fees unless we recover compensation on your behalf.

Request a consultation with Harvey, Foote & Baker Law Firm through our contact form or by calling (505) 295-2245.

How Delayed Diagnosis Occurs in Long-Term Care

A delayed diagnosis can occur when signs of a medical condition aren’t assessed or communicated, or when a change in condition isn’t escalated promptly. In long-term care, the issue may involve staff monitoring and response rather than a diagnostic decision made in a hospital or emergency room.

Delayed diagnosis, misdiagnosis, and failure to diagnose describe different problems. A misdiagnosis identifies a condition incorrectly, while a failure to diagnose means the condition isn’t identified. A delayed diagnosis means the condition is identified only after avoidable time has passed.

Concerns in assisted living and other long-term care facilities can involve:

Signs of an infection that aren’t promptly assessed or reported.
Pressure ulcer progression that isn’t recognized through monitoring and resident assessments.
Stroke symptoms that aren’t communicated or escalated promptly.
Injuries after falls that aren’t evaluated in a timely manner.

Medical charts, care plans, and staff communications can show what facility staff observed and how they responded. These records may also help establish facility liability. New Mexico residents in long-term care have rights to dignity, proper care, and safety.

Compensation & Filing Deadlines for New Mexico Claims

The compensation available in a delayed-diagnosis claim depends on the harm caused by the delay and the supporting evidence. When a facility fails to diagnose a resident’s medical condition, we can pursue compensation for resulting medical expenses and pain and suffering.

General filing considerations can include:

Private Long-Term Care Claims: Most New Mexico negligence and neglect claims against private long-term care facilities have a three-year filing period that generally begins with the injury or discovery of the injury.
Medical Malpractice Claims: Claims against private physicians, hospitals, or clinics generally have a three-year filing period measured from the date of the alleged malpractice.
Government-Affiliated Facilities: Claims involving government-run or government-affiliated nursing facilities may have different notice and filing requirements. Written notice may be required within as little as 90 days after an incident.

The correct deadline can depend on the legal basis for the claim, the parties involved, and whether a facility is government-affiliated. Because delayed-diagnosis claims aren’t classified the same way in every situation, a legal review is important before relying on a general filing period.

What Sets Us Apart

You Deserve Maximum Compensation
Our 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 Team
Our 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 Advocates
At 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 Representation
Since 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

“I always knew that I had the best team on my side!!”
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.
“You made a huge difference in my life.”
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.
“Wonderful and compassionate team.”
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.
“Dedicated professionals on your side.”
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.
“I appreciate everyone's hard work and dedication.”
“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.
“Thank You For Handling Our Case So Diligently”
“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
“I highly recommend Harvey/Foote Law Firm.”
“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.
“I would recommend Harvey law firm 100%”
“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.

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Standing Up for the Seriously or Fatally Injured in Albuquerque and Throughout New Mexico When You or a Loved One Has Been Injured, Harvey, Foote & Baker Law Firm Guides You to Justice

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