Stroke Misdiagnosis Lawyer in Albuquerque

Your Family’s Claim Benefits from Former Nursing Home Counsel’s Insight

When a nursing home or long-term-care resident suffers harm after a missed, delayed, or incorrect stroke diagnosis, we investigate whether failures by facility staff, clinicians, or outside medical providers contributed to the injury or death. At Harvey, Foote & Baker Law Firm, we represent families seeking answers and accountability.

Founded in 2005, we advocate for victims of abuse, neglect, and preventable injuries in nursing homes, assisted living facilities, and other long-term-care settings. Attorney Dusti Harvey spent more than six years as in-house corporate counsel for a national nursing home chain and mediated more than 1,500 lawsuits for the defense. That background informs how we investigate claims, assess facility decisions, and prepare cases.

Call (505) 295-2245 for a free consultation about a suspected stroke misdiagnosis in Albuquerque.

What a Nursing Home Stroke Claim Can Involve

A stroke is a time-sensitive medical condition. Minutes of delay can significantly worsen the outcome or cause permanent damage. A claim may concern a failure to recognize, diagnose, communicate, or respond appropriately to a resident’s condition or stroke-related symptoms.

Residents often depend on others to observe changes and obtain appropriate medical attention. Staff observations, chart entries, communications with medical providers, and escalation decisions can reveal what happened. A delayed diagnosis may affect both the available medical response and the harm the resident experiences.

Potential failures may involve:

• Facility staff failing to document or communicate concerning changes in a resident’s condition.
• A clinician incorrectly diagnosing the resident or delaying further evaluation.
• Facility personnel failing to respond appropriately to medical instructions or changes requiring escalation.
• Outside medical providers failing to meet the applicable standard of care, meaning the level of care reasonably expected under the circumstances.

A claim may involve nursing home neglect, medical malpractice, or both, depending on who provided the care and which actions caused the harm. We evaluate each participant’s conduct without treating facility care failures and physician diagnostic decisions as interchangeable.

How We Build a Missed or Delayed Stroke Diagnosis Claim

Our evaluation begins with whether the required legal elements can be established. These generally include a doctor-patient relationship, a breach of the standard of care, a causal connection between that breach and the injury, and legally recognized damages.

We investigate the sequence of care and prepare each case strategically. Medical records can document examinations, diagnoses, and treatment decisions, while facility records may reveal observations and communications. Evidence of the resident’s condition before and after the suspected failure can also help establish the resulting harm.

We assess the evidence in light of the family’s goals and pursue negotiation when appropriate. If negotiation doesn’t resolve the case, we’re prepared to advocate in court.

Deadlines & Review Requirements for Stroke Misdiagnosis Claims

For claims governed by the New Mexico Medical Malpractice Act, the statute of limitations is generally three years from the date of the alleged malpractice. For adults, the filing period generally runs from the negligent act rather than the date the injury was discovered. Exceptions can apply, so families shouldn’t assume they have three years from when they first suspected a missed diagnosis.

A claim against a qualified healthcare provider must generally be submitted to the New Mexico Medical Review Commission before proceeding in court. A panel reviews the claim, and the limitations period is paused during that process. It resumes after the panel issues its final decision, making an early assessment important.

Discuss a Suspected Stroke Misdiagnosis with Us

We offer free consultations and represent clients on a contingency fee basis. You won’t owe attorney’s fees unless we recover compensation on your behalf. Bilingual representation is available in English and Spanish.

Families in Albuquerque and throughout the state can use our contact form to share what happened and learn which legal options may apply.

Call (505) 295-2245 to speak with us about a suspected nursing home stroke misdiagnosis.