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Failure To Diagnose

Compensation for delayed treatment

Early intervention can make the difference in the level and timing of your recovery and, in some cases, between life and death. Your options for treating cancer, heart disease, diabetes, infections and other ailments are much greater at their early, localized stages. A delay in diagnosis may interfere with your chance to receive the medical treatments you need.

Revo Smith Law was established 37 years ago to provide exceptional care to injured people throughout New Mexico — including in Albuquerque, Rio Rancho, Los Lunas, Belen, Bernallilo, Santa Fe and the surrounding communities. Our attorneys thoroughly analyze your claim to determine if your doctor caused or exacerbated your medical condition through failure to diagnose your medical problems in time. We then pursue the compensation you are entitled to for this devastating mistake.

Doctors' duty to diagnose disease

To prevail on a medical malpractice claim, you must prove your healthcare provider deviated from the accepted standard of care and that his or her mistakes injured you. Your doctor has a duty to evaluate symptoms and prescribe tests to correctly diagnose your medical condition. Your doctor may be held liable for your delayed diagnosis if:

  • A doctor in the same specialty would have recognized the signs of your disease or taken further action
  • Your doctor failed to refer you to a specialist or order appropriate diagnostic tests
  • Your doctor's mistakes resulted in the delayed diagnosis of your disease and impacted your opportunity to receive timely and proper treatments
  • You were harmed by your doctor's errors

What our medical malpractice attorneys can do to help you

Delayed diagnosis cases are complex, particularly when it comes to proving damages. A doctor may assert that the patient's medical condition would have progressed to its current point even if diagnosis had occurred earlier. Another common defense is that other doctors also would have been unable to diagnose the condition at its earlier stages.

In consultation with other medical experts, our injury lawyers counter these attempts to deny responsibility. We show the typical progression of your condition and the types of actions other doctors take under similar scenarios.