What is Medical Misdiagnosis, and When is it Grounds for a Lawsuit?

by | Jul 6, 2021 | Medical Malpractice

What is Medical Misdiagnosis, and When is it Grounds for a Lawsuit?Medical malpractice can lead to dangerous, sometimes life-threatening effects for patients. If you or someone you care about has received a medical misdiagnosis, you may wonder if you have any ground to stand on if you were to file suit to recover any damages you may have incurred.

When a doctor fails to provide a level of care that a competent doctor would reasonably expect, they could be found negligent in a medical malpractice case. Unfortunately, in medical malpractice lawsuits, the patients have the burden of providing proof. If you believe you may have been medically misdiagnosed, a personal injury attorney can help you defend your case.

Have You Been Medically Misdiagnosed in Albuquerque, New Mexico?

An incorrect or missed diagnosis of an illness or injury can be incredibly dangerous and lead to serious health issues.

Patients who have been misdiagnosed could face consequences such as:

  • Unnecessary surgeries
  • Taking dangerous or unnecessary medication
  • Worsening illnesses
  • Unforeseen health complications
  • Prolonged pain (mental and physical)

If you believe you have been medically misdiagnosed, make sure to keep your records of payment so that your personal injury attorney can more accurately calculate the total value of your claim.

Do You Have Grounds to File Suit for a Medical Misdiagnosis in New Mexico?

Essentially, there are a few main elements that comprise a quality case for medical malpractice in cases of missed diagnosis or misdiagnosis in New Mexico. They are:

  • A proven injury or illness that went unseen or was improperly diagnosed by a medical professional
  • Existence of a doctor-patient relationship
  • An error by a doctor that would be considered negligent
  • Measurable damages suffered by the victim

“Measurable damages” can include various losses such as:

  • Loss of physical or mental function
  • Additional medical care expenses
  • Loss of income
  • Reduction in earning capacity
  • Loss of life

Before anyone in New Mexico can begin a medical malpractice lawsuit, an application for review must first be provided to the New Mexico Medical Review Commission. Under the New Mexico Medical Malpractice Act, the commission must inspect all of the applications for medical malpractice cases in the state. All applications are reviewed by three qualified panel members from the medical profession and three from the State Bar.

Contact a Medical Malpractice Attorney for Medical Misdiagnosis in New Mexico

Medical malpractice cases in New Mexico require a substantial amount of evidence to be successful. When you choose to partner with the personal injury team at Dominguez Law, we will conduct an independent investigation into your unique case to help you defend a medical malpractice case for misdiagnosis.

Over the years, Attorney Paul M. Dominguez has become exceptionally familiar with how complex medical malpractice for misdiagnosis cases can become. When you need competent legal representation to recover damages sustained in a medical malpractice case in the Albuquerque area, look no further than the personal injury team at Dominguez Law. Call (505) 317-9837 or send us a completed contact form for a free evaluation of your case for medical misdiagnosis.

Se habla español.