Patients trust doctors and hospitals to identify and treat their illnesses. In most cases, ailments are accurately detected, but there are times when a doctor or hospital does not identify a sickness or comes to the wrong conclusion about an illness.
The former is known as a failure to diagnose, while the latter is known as a misdiagnosis. A failure to diagnose or a misdiagnosis can lead to additional sickness or even wrongful death. These situations can turn into extremely complicated cases of medical malpractice and require a knowledgeable New Mexico failure to diagnose attorney.
When Failure to Diagnose and Misdiagnosis Happens
There are many reasons why diagnosis failure and misdiagnosis happens. These include:
- Failure by a health professional to recognize symptoms
- Inappropriate scans, labs, or other tests ordered by a medical provider
- Medical professional did not perform alternative diagnostics
- Health provider did not read test results correctly
- Lack of familiarity with a disease
- Unqualified health professionals administering tests and/or analyzing results
Failure to diagnose and misdiagnosis are especially common in emergency rooms. In many ER situations, doctors and health professionals have limited time to treat sickness, as these are high-pressure situations that can lead to errors.
That isn’t to say that diagnosis failures and misdiagnosis don’t happen in less intense settings. They do, whether it’s due to negligence or a lack of diligence . Whether it happened to you at an ER or a doctor’s office, a New Mexico failure to diagnose attorney can counsel you through these difficult and complicated matters.
Proving Misdiagnosis and Diagnosis Failures
Showing that a failure to diagnose or misdiagnosis qualifies as medical malpractice is a multi-step process. First, you must establish that you had a doctor-patient relationship with your medical provider. You must demonstrate that your doctor was competent in a particular field of medicine and you required treatment in that field. You must also show that the doctor was treating you and issued the diagnosis failure or misdiagnosis.
Next, you must establish negligence. Despite your health provider’s competence, a mistake was made. He or she failed to detect your illness or diagnosed you with a sickness you have. One issue to remember is that failure to diagnose extends to additional sicknesses you may have, whether or not they’re related to your primary ailment.
Lastly, you must show that your healthcare provider’s negligence led to further injury or in some cases, wrongful death. This could mean pain, physical incapacitation, mental anguish, lost wages and additional expenses due to sickness, and a disruption to your normal lifestyle. Your suffering must be a direct result of a failure to diagnose or misdiagnosis.
The New Mexico failure to diagnose attorney team at Lerner and Rowe works with medical experts in order to prove diagnosis failures and medical diagnosis. Further, our talented Albuquerque-based lawyers work in conjunction with healthcare professionals that provide expert testimony in order to demonstrate the three points listed above. You can be assured of getting exemplary representation when working with the Albuquerque office of Lerner and Rowe.
Get in Touch With a New Mexico Failure to Diagnose Attorney
Receiving a misdiagnosis or a diagnosis failure can be a frustrating and agonizing experience. The New Mexican failure to diagnose attorney team at Learn and Rowe is here with empathetic ears to listen to your experience. When the time comes, you can be assured that our lawyers will provide you with the world-class representation you need in order to get the compensation you deserve.
You can contact us online 24/7 by using our LiveChat feature. Or, send us details about your case through an online form. Remember, we do not take fees unless we win your case. Earning your settlement is our top priority.
Please connect with our Albuquerque-based lawyers today so we can get started on your case!