If your medical condition was incorrectly diagnosed, turn to the experienced legal advocates at Harvey, Foote & Baker for help.
What is Misdiagnosis?
Misdiagnosis in medical malpractice cases refers to a situation where a healthcare provider fails to correctly identify or diagnose a patient's medical condition, leading to harm or adverse outcomes. It is a form of medical negligence where the healthcare professional's actions deviate from the standard of care expected in their field, resulting in substandard diagnosis and treatment.
Misdiagnosis can occur for various reasons, including:
- Inadequate medical history: If a healthcare provider fails to gather comprehensive information about a patient's medical history, symptoms, and risk factors, it can lead to an inaccurate diagnosis.
- Errors in physical examination: A thorough physical examination is crucial for reaching an accurate diagnosis. Mistakes in conducting or interpreting the examination findings can contribute to misdiagnosis.
- Laboratory and diagnostic errors: Errors in ordering or interpreting diagnostic tests, such as blood tests, imaging studies (X-rays, CT scans, MRIs), or biopsies, can lead to incorrect conclusions about a patient's condition.
- Failure to consider alternative diagnoses: Medical conditions can have similar symptoms, and it is essential for healthcare providers to consider all possible diagnoses. If they focus on a single diagnosis without exploring alternatives, it can result in misdiagnosis.
- Lack of specialist consultation: Complex or unusual cases may require the expertise of specialists. If a healthcare provider fails to consult with a specialist or refer the patient to one, it can lead to misdiagnosis.
- Cognitive biases: Doctors, like all humans, are susceptible to cognitive biases, such as anchoring bias (relying too heavily on initial information) or confirmation bias (favoring information that supports preconceived notions). These biases can influence diagnostic reasoning and potentially lead to misdiagnosis.
The consequences of misdiagnosis can be severe. Patients may receive unnecessary or inappropriate treatment, delay in receiving proper treatment, or experience progression of the underlying condition. In some cases, misdiagnosis can result in permanent disability or even death.
Building Your Misdiagnosis Case
To establish a medical malpractice claim based on misdiagnosis, the patient must demonstrate the following:
- Doctor-patient relationship: The patient must show that a doctor-patient relationship existed, indicating that the healthcare provider owed a duty of care.
- Breach of the standard of care: The patient must prove that the healthcare provider deviated from the accepted standard of care by failing to provide a reasonable level of skill and competence.
- Causation: The patient must establish a causal link between the misdiagnosis and the harm suffered. They must demonstrate that the misdiagnosis directly resulted in the adverse outcomes or exacerbated the patient's condition.
- Damages: The patient must provide evidence of the harm or damages they suffered as a result of the misdiagnosis. This can include physical pain, emotional distress, additional medical expenses, loss of income, or diminished quality of life.
Legal Support for Misdiagnosis Victims
If you or a loved one have been the victim of a misdiagnosis in Albuquerque, NM, our team is here to help. We have extensive experience in handling medical malpractice cases and will work tirelessly to hold the responsible parties accountable for their negligence.
As dedicated advocates for our clients, we will guide you through the legal process, explaining your rights and options every step of the way. We understand the complex nature of medical malpractice cases and will fight diligently to protect your rights and seek justice on your behalf.
Contact Harvey, Foote & Baker today to schedule a consultation with a knowledgeable misdiagnosis attorney in Albuquerque.
What Sets Us Apart
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You Deserve Maximum CompensationOur team is committed to standing up for the injured in New Mexico. When you or your loved one have been harmed because of someone else's negligence, you don't just deserve compensation, you deserve justice.
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You Deserve an Experienced Legal TeamOur attorneys have handled thousands of cases and are true legal innovators when it comes to pursuing cases. We have the tools, resources, and knowledge to properly obtain maximum compensation on your behalf.
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You Deserve New Mexico AdvocatesAt Harvey, Foote & Baker we are New Mexico-based attorneys who understand how scary and difficult this time can be. When you work with us, we can guarantee that you, your family, and your case are of the highest priority to us.
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You Deserve Dedicated RepresentationSince 2005 our team has been solely dedicated to protecting the rights of those injured and mistreated in nursing homes throughout the state. We know and understand how the system works and how to obtain the best possible outcome on your behalf.
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Hear From Past Clients Who Have Worked With Harvey, Foote & Baker
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There are no words to express my appreciation for everyone at the Harvey, Foote & Baker Law Firm. You gave my mom her dignity back and made sure she wasn't just a number. Of course, we would rather her still be with us but you enabled her to leave a legacy to her grandchildren. You helped us through the worst time of our lives and got justice for my mom. I always knew that I had the best team on my side!!Carla S.
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Our lives were changed by tragedy in December 2012, but the team at Harvey, Foote & Baker were a sight for sore eyes. We were lucky to have such smart and talented attorneys and staff who fought hard for us. I will never forget the professionalism, care, and sincere attention you always gave us. You've made a huge difference in my life, and I am grateful to all of you!Lydia S.
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The team at Harvey, Foote & Baker is wonderful and compassionate. They worked hard to help us after losing our father due to neglect of care. They continue to fight for our family, and we appreciate them so much. Highly recommend.Michael C.
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Harvey, Foote & Baker Law Firm is the team you want looking out for your best interests. You can rest assured knowing they are on your side. The many obstacles facing your case will be met by their dedicated team of professionals.Norberto G.
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