What to Do If You’re Misdiagnosed or Receive a Delayed Diagnosis
A New Mexico medical malpractice lawyer can help you demand justice
We often trust doctors to uncover the reasons behind our symptoms. But what if you later find out that a diagnosis was completely wrong or that they missed the warning signs of a serious condition? That’s what misdiagnosis and delayed diagnosis look like.
A misdiagnosis means being told you have an illness you don’t actually have. Even worse, it means missing out on treatment for an illness you do have. A delayed diagnosis, on the other hand, happens when a doctor takes too long to pinpoint the problem and lets your condition progress unchecked.
In New Mexico, this isn’t rare. Some conditions, such as cancer, strokes, and heart attacks, are often misdiagnosed because their symptoms overlap with less serious ailments. If you suffered due to a misdiagnosis or delayed diagnosis, you may have grounds for a medical malpractice claim.
How can misdiagnosis or delayed diagnosis affect your health?
When doctors get it wrong, it’s not just a matter of inconvenience; it can be life-altering. Receiving unnecessary treatments for a condition you don’t have could harm your body and delay getting the care you truly need.
On the other hand, not catching an illness in time can allow it to worsen. For example, cancer left untreated may spread to other parts of the body, turning what could have been a treatable condition into a life-threatening situation.
But it doesn’t stop there. Misdiagnosis and delayed diagnosis often come with steep financial costs. Patients frequently find themselves paying for unnecessary procedures or scrambling to cover the bills for late-stage treatments.
The emotional toll can be equally devastating. Trusting your healthcare provider only to feel let down leaves many people angry, betrayed, and overwhelmed.
What steps can you take if you’ve been misdiagnosed or experienced a delay?
If you’ve found yourself in this situation, you’re not powerless. There are steps you can take to protect your health and hold negligent providers accountable.
Step 1: Seek a second opinion
Start by consulting with another healthcare provider. A second opinion could confirm your current diagnosis, uncover errors, or offer a new perspective on your symptoms.
Be sure to choose a provider experienced in treating the condition you suspect. In New Mexico, there are specialists available for almost any medical field. This step could bring you clarity and get you on the path to proper treatment.
Step 2: Keep detailed records of your medical history
Record every symptom you’ve experienced and note when and how they’ve changed. Collect all your medical records, including test results, prescriptions, and notes from your appointments. These records can serve as key evidence if you decide to file a formal complaint or pursue legal action later on.
Step 3: File a complaint
If you believe the care you received fell below acceptable standards, report it. You can file a formal complaint with the New Mexico Medical Board, which oversees healthcare providers in the state.
This step holds providers accountable and shines a spotlight on gaps in the system that may put others at risk. Additionally, you can share your experience with the hospital or clinic’s patient relations department.
Step 4: Consult a medical malpractice attorney
When a misdiagnosis or delay leads to significant harm, seeking help from a New Mexico medical malpractice lawyer is a smart move.
An attorney can help determine whether you have a case, guide you through New Mexico’s legal requirements, and advocate for your rights. They can also connect you with medical experts to testify on your behalf to give your case the credibility it needs.
How to reduce the risk of a misdiagnosis or delayed diagnosis
While you can’t eliminate all risks, there are steps you can take to play a more active role in your healthcare. Start by asking questions during every appointment. Don’t hesitate to clarify your diagnosis, understand your treatment options, or discuss the purpose of any tests being ordered. When you’re informed, you’re better positioned to catch potential mistakes.
Keep up with regular checkups and follow-up appointments. If something doesn’t feel right or your symptoms persist, trust your instincts and push for further investigation. Early intervention can often make a significant difference in outcomes.
Lastly, consider establishing a long-term relationship with a primary care provider. A doctor who knows your medical history can help spot changes in your health and provide personalized care. This relationship can act as an added safeguard against misdiagnosis or delays.
What are your legal rights as a patient in New Mexico?
As a patient in New Mexico, you have the right to expect competent and timely medical care. Healthcare providers are legally obligated to follow the standards of care for their profession. If they fail to meet those standards, and it results in harm, they can be held accountable.
You also have the right to informed consent. This means your doctor must explain the risks, benefits, and alternatives for any treatment before proceeding. If they fail to disclose important information or mislead you about a treatment’s purpose, it’s a potential violation of your rights.
Finally, the New Mexico Medical Practice Act provides protections for patients and sets the standards for healthcare professionals. If you’ve experienced medical negligence, this law gives you a pathway to file complaints and seek accountability.
What are the elements of a medical malpractice claim in New Mexico?
If you’ve suffered because of a misdiagnosis or delayed diagnosis, you may be able to file a medical malpractice lawsuit. However, there are specific criteria you must meet.
You’ll need to prove that the healthcare provider owed you a duty of care, failed to uphold that duty, and caused you harm as a result. Additionally, you’ll have to show that the harm led to measurable damages, such as medical expenses, lost income, or emotional distress.
New Mexico has laws in place to ensure fairness in medical malpractice cases, but they also come with limitations. New Mexico also enforces a three-year statute of limitations for most medical malpractice claims, so it’s important to act promptly and consult an attorney as soon as possible.
How can a New Mexico medical malpractice attorney help with your case?
Having a skilled medical malpractice attorney on your side can give you an advantage when seeking compensation for damages. If you or a loved one suffered harm due to a misdiagnosis, the legal team at Szantho Law Firm is here to help. Our medical negligence attorneys can investigate your case, review medical records, consult with experts, and determine if negligence occurred.
We can also guide you through the legal process and fight to recover compensation for your medical bills, lost wages, and pain and suffering. We know the emotional and financial burden a medical error can place on your family. That’s why we work on a contingency fee basis; you won’t pay anything unless we win your case.
Contact us online or call one of our law offices in Albuquerque or Santa Fe today for a free consultation. Our experienced medical malpractice lawyers will listen to your concerns and provide clear, honest guidance.
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