
Our law firm has handled thousands of New Mexico nursing home abuse claims and is ready to help your family. We offer free consultations.

What is Misdiagnosis?
A misdiagnosis occurs when a medical professional fails to correctly identify a patient’s illness, injury, or condition. Instead of providing the correct diagnosis, the doctor may:
- Diagnose a different condition altogether
- Fail to diagnose the illness in a timely manner
- Overlook symptoms and dismiss a condition entirely
This type of medical error can have devastating consequences. A patient may undergo unnecessary treatments for a condition they do not have, or worse, their true condition may worsen because it was left untreated.
Common Forms of Misdiagnosis
Misdiagnosis can occur in many ways. Some of the most common forms include:
- Failure to Diagnose – When a doctor overlooks signs of an illness, leading to a delayed or missed diagnosis.
- Incorrect Diagnosis – When a condition is mistaken for another illness with similar symptoms.
- Delayed Diagnosis – When a diagnosis is eventually made but only after harmful progression of the disease.
- Partial Misdiagnosis – When a doctor correctly identifies one condition but overlooks a co-existing condition.
- Failure to Recognize Complications – When a provider fails to identify complications related to a known diagnosis.
Some of the most commonly misdiagnosed conditions include:
- Cancer (especially breast, lung, and colon cancer)
- Heart attacks and strokes
- Infections such as sepsis or meningitis
- Blood clots and pulmonary embolisms
- Diabetes complications
- Neurological conditions such as multiple sclerosis
Common Causes of Misdiagnosis
Several factors can contribute to a misdiagnosis. Some of the most frequent causes include:
- Failure to Order Proper Tests – A physician may not run the necessary tests that could confirm or rule out a condition.
- Misinterpretation of Test Results – Laboratory or imaging errors can lead to an inaccurate conclusion.
- Time Pressures – Overworked medical providers may rush evaluations, leading to missed warning signs.
- Failure to Take Patient History Seriously – A doctor may not listen carefully to a patient’s symptoms or medical history.
- Communication Failures – Errors can occur when medical staff fail to properly share or document information.
- Bias or Assumptions – Some doctors make assumptions based on age, gender, or lifestyle, which may cause them to overlook key conditions.
At Harvey, Foote & Baker Law Firm, our team investigates the details of each case to determine whether negligence played a role in your misdiagnosis.
How a Misdiagnosis May Impact a Patient's Health
The consequences of a misdiagnosis can be life-changing. Patients may suffer:
- Worsening of the Condition – Diseases like cancer or infections can advance to dangerous stages if not treated promptly.
- Unnecessary Treatments – Patients may undergo harmful procedures or medications that they did not need.
- Increased Medical Costs – Additional hospitalizations, medications, and treatments lead to mounting bills.
- Loss of Quality of Life – Untreated or incorrectly treated conditions can leave patients with permanent disabilities.
- Emotional and Psychological Distress – Living with worsening symptoms or undergoing unnecessary procedures can cause extreme stress.
- Wrongful Death – In the most tragic cases, a misdiagnosis can be fatal.
If you have suffered due to a misdiagnosis in Santa Fe, you deserve justice and compensation for your losses.
Misdiagnosis FAQs
How do I know if I have a misdiagnosis case?
If your doctor failed to correctly diagnose your condition and this mistake caused harm, you may have a valid claim. Speaking with an experienced Santa Fe misdiagnosis lawyer at Harvey, Foote & Baker Law Firm can help clarify your legal options.
What compensation can I recover for a misdiagnosis?
Compensation may include medical expenses, lost wages, future care needs, pain and suffering, and in some cases, punitive damages.
How long do I have to file a misdiagnosis lawsuit in New Mexico?
In New Mexico, most medical malpractice claims, including misdiagnosis, must be filed within three years from the date of the negligent act. However, exceptions may apply depending on the circumstances.
Can I sue the hospital as well as the doctor?
Yes, in some cases both the doctor and the medical facility may be held liable, especially if systemic failures contributed to the misdiagnosis.
Why do I need a Santa Fe misdiagnosis lawyer?
Medical malpractice cases are complex, requiring expert testimony, extensive medical record review, and aggressive negotiation with insurance companies. A lawyer ensures your case is properly built and fought for.
Contact Our Santa Fe Misdiagnosis Lawyer Today
At Harvey, Foote & Baker Law Firm, we understand the devastation that comes with a misdiagnosis. Our team is committed to helping victims and their families seek justice and the compensation they deserve. If you or a loved one has suffered due to medical negligence in Santa Fe, do not wait—our experienced attorneys are ready to fight for you.
Call (505) 295-2245 today to get started with experienced support on your side.
What Sets Us Apart
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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“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.
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“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
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“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.
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“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.

