Medical Malpractice Claims: When You Knew Something Was Wrong

Most New Mexico residents trust their doctors to reach the correct diagnosis and prescribe a treatment that will either rectify or manage a particular problem. However, there are times when something just does not feel right about the diagnosis. This feeling comes up quite a bit in medical malpractice claims.

A New Mexico doctor might have the medical knowledge, but you know your body. Many ailments act and look similar. Without further investigation and testing, a doctor might make an off-the-cuff diagnosis that could be wrong. In many of the cases where this occurs, the doctor failed to listen to the patient’s concerns or obtain an accurate family and medical history. Either oversight, or both, could easily lead to a misdiagnosis.

If you were incorrectly diagnosed, any treatment prescribed will likely fail. During the course of treatment, the true ailment worsens. Without appropriate medical intervention — including the correct diagnosis — you could suffer serious, permanent or debilitating injuries. In some instances, you might suspect that a misdiagnosis caused the death of your loved one.

In order to confirm your suspicions, it would be beneficial to discuss the matter with an attorney. An investigation needs to be done that includes a thorough review of the medical files, interviews with anyone who might have relevant information and review of any other information that helps determine whether a mistake occurred. Confirmation of a misdiagnosis leads to a discussion of your legal options.

Filing a medical malpractice claim might be appropriate. Many such claims reach a settlement before the matter goes to trial. However, you retain the final say regarding whether to accept a settlement, so your attorney should be prepared to take your claim to trial if necessary and should not push you to accept a settlement that might not be in your best interest.

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