Cancer Misdiagnosis Attorney in Albuquerque

Types of Cancer Misdiagnosis

A cancer diagnostic error doesn’t always mean a missed diagnosis. There are several distinct forms, and each can cause serious harm in different ways.

• Failure to diagnose: Cancer is present but the provider doesn’t identify it, leaving the patient without treatment while the disease progresses
• False positive diagnosis: A patient who doesn’t have cancer is told they do, potentially leading to unnecessary surgery, chemotherapy, or radiation
• Misclassification: The provider identifies cancer but gets the type or stage wrong, resulting in a treatment plan that doesn’t match the actual disease
• Delayed diagnosis: The correct diagnosis is eventually reached, but significant time is lost, reducing treatment options and potentially allowing the cancer to advance to a harder-to-treat stage

Pathology errors are also a recognized category of diagnostic failure. A misread tissue sample or a lab mix-up can set off a chain of incorrect treatment decisions before the error is caught.

Certain cancer types appear more frequently in diagnostic error cases. Breast cancer is often mistaken for benign cysts or infections. Lung cancer may be attributed to pneumonia, bronchitis, or asthma. Colorectal and ovarian cancers are sometimes confused with irritable bowel syndrome. Pancreatic cancer can be misread as pancreatitis or gallstones, and skin cancer is frequently dismissed as a benign condition.

When a Cancer Diagnostic Error Becomes Medical Malpractice

Not every incorrect cancer diagnosis supports a malpractice claim. The law requires more than a wrong answer. To establish medical malpractice in New Mexico, four elements must be present.

• Duty of care: A doctor-patient relationship existed, creating an obligation to the patient
• Breach of the standard of care: The provider failed to do what a similarly trained provider, in similar circumstances, would have done to reach a correct and timely diagnosis
• Causation: That breach caused actual harm to the patient
• Damages: The patient suffered real, quantifiable losses as a result

Common provider errors that may give rise to a claim include failing to order appropriate diagnostic tests, ignoring abnormal findings, failing to review a patient’s family history and risk factors, not referring the patient to an oncologist when symptoms warranted it, and misinterpreting imaging studies or test results.

Nearly all New Mexico medical malpractice cases require testimony from a qualified medical professional who can establish what the standard of care required and how the provider fell short. Under the New Mexico Medical Malpractice Act, most claims against qualifying healthcare providers must also go through a medical review process before a lawsuit can be filed. The specifics of that process depend on the type of provider involved.

Compensation Available in a New Mexico Cancer Misdiagnosis Case

The damages available in a cancer misdiagnosis case reflect the full scope of the harm caused. Recoverable losses may include:

• Past and future medical expenses, including costs of unnecessary treatment received and costs of the treatment that was delayed
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress and loss of enjoyment of life
• Wrongful death damages for surviving family members when a delayed or incorrect diagnosis contributed to a patient’s death

Under the New Mexico Medical Malpractice Act, past and future medical care expenses aren’t subject to the statutory cap on damages. For other compensatory damages, the cap depends on the type of provider involved. Claims against individual independent health care providers are subject to a cap that is approximately $1,000,000 per occurrence as of 2024 and is adjusted annually for inflation. Because these figures shift each year, families should speak with an attorney to confirm the amount applicable to their specific claim. Punitive damages, available only where a provider’s conduct was especially reckless or willful, are governed by separate standards and aren’t paid from the New Mexico Patient Compensation Fund.