Successful medical treatment begins with a proper diagnosis. If your doctor doesn’t spot a potential problem that should require further tests, if your child’s pediatrician doesn’t recognize symptoms of a serious condition, or if the emergency room doctor doesn’t recognize the signs of a heart attack or stroke, the consequences can be serious or even fatal.

Diagnostic errors—including misdiagnosis, delayed diagnosis, and missed diagnosis—are among the most common forms of medical malpractice in the United States. At Curtis & Co., our Albuquerque misdiagnosis lawyers have handled countless cases involving diagnostic errors and negligence on the part of trusted doctors, nurses, and other healthcare providers. We understand the many complexities inherent in these types of cases, and we have the resources, experience, and skill to effectively pursue the full, fair compensation you deserve. 

Our team is committed to securing justice for you and your family. Based in Albuquerque, we proudly serve clients throughout New Mexico. Together, our attorneys have more than 40 years of combined legal experience and a long, proven track record of success. 

What are Diagnostic Errors?

Diagnostic errors are mistakes that occur at any stage of diagnosing an injury, illness, or medical condition. 

There are three main types of diagnostic errors: 

• Misdiagnosis: Misdiagnosis occurs when a healthcare provider diagnoses a patient with an injury, illness, or medical condition that they do not have. Often, a patient will seek medical attention after experiencing symptoms of a certain condition. If the attending doctor does not accurately recognize the symptoms and diagnoses the patient with another condition, this is considered a misdiagnosis.
• Delayed Diagnosis: Delayed diagnosis happens when a healthcare provider unreasonably and/or unnecessarily delays diagnosing a patient’s injury, illness, or medical condition. This could occur if a healthcare provider failed to promptly order further testing after a patient reported certain symptoms, or if a healthcare provider failed to assess a patient’s condition quickly and accurately after the patient came to the emergency room seeking treatment.
• Missed Diagnosis: Sometimes referred to as “failure to diagnose,” a missed diagnosis occurs when a patient does not receive any diagnosis after seeking medical attention for symptoms of a certain condition. For example, if a patient sees a doctor for certain symptoms they have been experiencing, but the doctor dismisses those symptoms and sends the patient home without a diagnosis, this could be considered a missed diagnosis.

Diagnostic errors have serious effects, as a patient cannot begin receiving proper treatment if they do not have the correct diagnosis. When a patient is misdiagnosed, they may receive treatment for a condition they do not have. At best, this means that the patient is not getting the treatment they need; at worst, unnecessary treatment could actually cause harm to the patient. 

It can be difficult to prove liability in a diagnostic error case. Some health conditions are difficult to diagnose, and many have overlapping or similar symptoms. It is not enough to prove that you sought medical treatment and did not receive an accurate diagnosis right away. Instead, you must prove that the medical provider who treated you failed to act in a way that another qualified provider would have or acted in a way that another qualified provider would not have in the same or similar circumstances.

For example, if you saw a doctor because you were experiencing an array of strange symptoms, and your doctor was unable to provide a diagnosis at the initial visit but still order diagnostic tests and referred you to a specialist, this does not necessarily constitute a breach of the accepted standard of care. If, however, your doctor reviewed your symptoms and concluded that they were not serious without ordering any tests or referring you to a specialist, you could have a claim.

Diagnostic errors often result in delayed treatment or even no treatment at all. This can have many serious consequences for patients. Many will experience worsened symptoms, and, without proper treatment, these symptoms can even become life-threatening. As a result, patients may require further medical care and may miss more work. They could even become unable to work at all if their medical condition is disabling. 

These and other consequences can lead to numerous physical, emotional, and financial losses. Collectively, these losses are referred to as “damages,” and you may be able to recover compensation for your damages by filing a diagnostic error malpractice claim.

Some common damages in misdiagnosis claims and other cases involving diagnostic errors include: 

• Past and future medical expenses
• Past and future lost income/wages
• Loss of earning ability
• Past and future pain and suffering
• Lost quality/enjoyment of life 
• In-home assistance and care costs 
• Mental distress and anguish
• Funeral and/or burial expenses 
• Loss of companionship 
• Loss of love, support, counsel, comfort, and society
• Loss of inheritance

At Curtis & Co., our Albuquerque misdiagnosis lawyers fight to recover maximum compensation for our clients. Our goal is to help you and your family heal so that you can begin to move forward with your lives. We have helped clients affected by healthcare providers’ misdiagnoses of cancer, heart attack, stroke, and other serious conditions leading to the wrongful death of the patient. We understand the stakes, and we know what it takes to win.