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Failure to Diagnose or Misdiagnosis | New Mexico Medical Malpractice

Many people know that heart disease and cancer are the leading causes of death in America. But did you know that medical errors are now the third leading cause of death in the United States? If you’re shocked by this statistic, it’s likely because you think of hospitals as places where healing takes place, but this is sadly not always the case. New Mexico medical malpractice is a huge issue, and our New Mexico medical malpractice lawyers at Carabin Shaw want you to be informed about what your options are in the event of a doctor’s failure to diagnose or misdiagnosis. Read on for our New Mexico lawyers’ answers to frequently asked questions about medical malpractice.

What is Medical Malpractice?

Medical malpractice occurs when a patient is harmed by their doctor (or by another medical professional) because the doctor did not perform their duties competently.

Is Misdiagnosis (or Failure to Diagnose a Condition) a Form of Medical Malpractice?

It depends on the circumstances. In order to sue a doctor for failure to diagnose, a patient must be able to prove that the doctor in question was negligent in failing to diagnose the issue AND that this negligence resulted in injury or harm. This means that all of the following must be proved by your attorney:

  • A doctor-patient relationship existed.
  • Had the doctor correctly diagnosed the patient’s condition, the patient would not have suffered harm (or a far less serious harm).
  • The doctor was acting in a negligent way. For instance, if the doctor did not ask standard diagnostic questions or follow correct procedure, this may be considered negligence.

In order to prove negligence, your New Mexico medical malpractice attorney will need to call in a medical expert to discuss the standard of care. In other words, this expert will have to demonstrate that a reasonable doctor in the same situation would have been able to recognize the problem and would have been able to correctly diagnose the condition.

How Do I Choose the Right Medical Malpractice Lawyer?

Showing that a doctor acted negligently can be extremely difficult to prove. The law does not hold doctors legally responsible for all diagnostic mistakes, and medical negligence cases are frequently complex as a result. When choosing among New Mexico hospital negligence attorneys, you’ll need to find a lawyer who has years of experience handling medical malpractice suits.

The Carabin Shaw Difference

Here at Carabin Shaw, our New Mexico medical malpractice lawyers have more than 200 years of combined legal experience and have been handling malpractice cases in New Mexico for more than two decades. What’s more, we’ve recovered more than $500 million in compensation for our clients, meaning we know how to best maximize the value of your claim. Misdiagnosis often leads to extended hospital stays, resulting in higher medical bills. You need the best possible settlement so that you can move forward without worrying about incurring substantial medical debts resulting from someone else’s negligent mistake. We’re experts in handling cases of New Mexico medical malpractice, and we want to help you.

Free Initial Consultation

If you’re ready to hire a medical malpractice attorney in New Mexico, contact us today. We offer all new clients a no cost, no obligation consultation so you have absolutely nothing to lose by giving us a call. Call our office today at 915-779-2301 for your free consultation with an experienced medical malpractice lawyer serving New Mexico and find out what our lawyers can do for you. Let us help you get your life back on track.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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