When you trust a medical professional to diagnose your symptoms, you expect timely, accurate care. Unfortunately, delayed diagnoses can turn manageable health issues into life-threatening conditions. If you believe a delay in your diagnosis resulted from negligence, it’s important to take the right steps to protect your legal rights. Here’s what you need to know about determining if you have a medical malpractice case in New Mexico and what actions to take next.
How to tell if you have a medical malpractice claim
Determining whether a delayed diagnosis constitutes medical malpractice can be challenging. Not every delay is the result of negligence, but certain warning signs often point to a failure in the standard of care. Recognizing these indicators can help individuals decide whether it’s time to consult a lawyer.
Clear symptoms were overlooked
If a doctor repeatedly dismissed or ignored complaints about ongoing symptoms without ordering further tests, this could indicate a failure to provide adequate care. Dismissing serious symptoms may be negligence, especially if they were obvious indicators of a condition.
A different doctor finds what was missed
Seeking a second opinion can be revealing. If another medical professional quickly identifies an issue that the original doctor missed, it suggests a lapse in care. This new diagnosis can serve as strong evidence of medical negligence.
Your condition worsened significantly due to the delay
A key element of a medical malpractice claim is proving that the delayed diagnosis caused harm. If a condition progressed to a more severe stage because of a delay, requiring more invasive treatments or limiting chances of recovery, there may be grounds for a case.
Inadequate testing or follow-up
Medical providers are expected to follow up on abnormal test results or order additional tests based on a patient’s symptoms. If a doctor failed to do this and contributed to a delayed diagnosis, this may be evidence of negligence.
These indicators suggest there may be a valid case for medical malpractice. Consulting with a medical malpractice attorney can help clarify situations and determine the best course of action, giving medical malpractice victims a clear path forward.
5 things to do if you suspect medical negligence
If you believe you or someone you love has been harmed due to a delayed diagnosis, it’s essential to act quickly and follow specific steps to protect your rights. Taking these actions can strengthen your claim and make it easier to pursue compensation if malpractice occurred:
1. Gather medical records immediately: Medical records are the cornerstone of any malpractice case. Request copies of all relevant records, including doctor’s notes, test results, and correspondence. These documents help create a timeline of care and may highlight any lapses or oversights that occurred.
2. Seek a second opinion to confirm the delay: A second opinion from another medical professional can help confirm whether the diagnosis was delayed. This new doctor can provide an unbiased assessment of symptoms and may be able to pinpoint what was missed. Their findings can serve as critical evidence if a legal claim is pursued.
3. Document the impact on health and daily life: Keeping a detailed journal of how the delayed diagnosis has affected an individual's health, work, and daily activities can be key evidence in a medical malpractice case. Record symptoms, treatments, emotional distress, and any financial losses experienced. This documentation can help demonstrate the full extent of damages.
4. Consult an experienced medical malpractice lawyer in New Mexico: Navigating a malpractice claim on your own can be overwhelming. Medical providers and insurance companies often have aggressive legal teams working to minimize payouts. An experienced lawyer can guide medical malpractice victims through the process, gather additional evidence, and negotiate to help you secure fair compensation.
5. Act quickly due to New Mexico’s statute of limitations: Time is of the essence in medical malpractice cases. New Mexico law typically allows three years from the date of the incident to file a claim. However, delays in taking action can make gathering evidence more difficult. Speaking with a lawyer early on can help individuals avoid missing important deadlines and protect their rights to pursue justice.
Following these steps can be important in building a strong case and increasing the chances of a successful outcome. An experienced attorney can help New Mexico medical malpractice victims navigate the complexities of the legal process and ensure they don’t go through this alone.
Contact a New Mexico medical malpractice lawyer today
Facing the aftermath of a delayed diagnosis can be overwhelming, but you don’t have to handle it alone. At Szantho Law Firm, we understand the pain and uncertainty that come with medical errors. We’re here to listen, investigate, and fight for the maximum compensation you deserve under New Mexico law. Contact us today for a free case evaluation to learn how we can help you seek justice and hold negligent medical providers accountable.
"You're in excellent hands with Szantho Law; from beginning to end, the process was handled with great service and professionalism. Would recommend Szantho Law to anyone." — Donna C.