You leave the hospital, urgent care, or your doctor’s office with familiar words ringing in your ears: “We will call you if anything is wrong.” Days pass without contact, so everything must be fine, right? Unfortunately, this assumption can prove dangerous and even deadly when medical malpractice occurs through communication failures.
At Dominguez Law, we have witnessed cases where “no news” actually meant missed diagnoses, lost test results, and preventable harm. Our experience shows that patients who actively follow up often discover critical information that might otherwise remain buried in overwhelmed medical systems.
What Happens When Test Results Fall Through the Cracks
New Mexico’s medical systems face constant pressure from patient volume and staff shortages. In these hectic environments, test results frequently get lost, provider notes go unread, and radiology reports showing fractures or masses remain unflagged. When no one follows up, patients bear the burden of chasing their own results without realizing this responsibility exists.
This communication breakdown creates dangerous delays in diagnosis and treatment. Conditions that could be easily treated in early stages progress to serious emergencies. Cancer misdiagnosis cases often begin with unreported test results showing suspicious findings that doctors never communicated to patients.
A Real Case: How Follow-Up Saved a Life
One client visited an emergency room complaining of severe abdominal pain. Medical staff dismissed her symptoms as gas and discharged her home. However, imaging studies revealed a serious infection requiring immediate treatment. The results sat unreviewed for days until she called asking about her tests. By then, her condition had worsened significantly at home.
Had she not made that follow-up call, she might never have received life-saving treatment. Her proactive approach not only saved her health but also provided crucial evidence for her subsequent malpractice claim.
How Communication Failures Impact Personal Injury Cases
Failure to communicate test results can form the foundation of strong medical malpractice claims in New Mexico. When healthcare providers fail to notify patients of abnormal findings and this failure causes harm, it establishes clear negligence under state law. Courts recognize that patients cannot make informed decisions about their care without access to their own medical information.
Having proof that you followed up or attempted to follow up strengthens your case considerably. This documentation shows you acted responsibly and that your injuries resulted from medical system failures rather than your own inaction. Misdiagnosis cases often hinge on demonstrating that patients did everything reasonable to stay informed about their health status.
Essential Steps to Protect Your Health and Legal Rights
Every patient should ask specific questions during medical visits to ensure proper follow-up occurs:
- “When and how will I receive my test results?”
- “What should I do if I do not hear back within the expected timeframe?”
- “Who should I contact with questions about my results?”
- “What symptoms should prompt me to seek immediate care?”
If you do not receive results within the promised timeline, call the medical office immediately. Keep detailed records of all communications, including dates, times, and the names of staff members you speak with. Maintain a symptom journal tracking your progress or any worsening conditions.
Request copies of all test results and medical records for your personal files. Never assume that no contact means no problems exist. Medical offices handle hundreds of patients daily, and communication errors occur more frequently than most people realize.
Contact Dominguez Law for Medical Communication Failures
Since founding our boutique injury litigation firm in 2012, we have secured over $30 million in settlements and verdicts with a 99% success rate across more than 300 successfully resolved cases. We fight for patients let down by the very medical systems designed to protect them. Our team understands how communication breakdowns in healthcare settings can cause devastating harm to New Mexico families.
As a fifth-generation New Mexican, attorney Paul Dominguez brings deep community knowledge and aggressive advocacy to every case. We approach each matter with the mindset that it will proceed to trial, conducting thorough investigations and consulting medical professionals to build the strongest possible claims. For a free case evaluation, call us at (505) 850-5854 or contact us online today.
