Failure to diagnose a condition is a form of medical malpractice. Failure to diagnose cases can also include issues of delayed diagnosis. With certain medical conditions, the delay can allow the disease to progress into stages that cause irreparable harm. For example, if a patient has an infectious disease, the failure to diagnose the disease in a timely manner can mean the difference between life and death. Statistics show that most medical malpractice claims arise because a physician failed to diagnose some type of a condition. Failure to diagnose is a negligent action that deserves compensation for the financial burdens as well as the pain and suffering that it has caused. If you or a family member is suffering from a condition due to the healthcare professional’s failure to diagnose, please call us today to set up a free consultation regarding a potential medical malpractice claim.
Archive for the ‘Medical Malpractice’ Category
There are a variety of situations that can lead to a medical malpractice claim. Medical Malpractice claims can range from the obvious (a doctor leaving a sponge in a patient’s stomach during an operation) to the not so obvious (a doctor failing to tell a patient that a prescribed drug might cause heart failure). Most medical malpractice claims can be categorized into one of the following general categories: (1) Failure to Diagnose; (2) Improper Treatment; and (3) Failure to Disclose Known Risks.
Cases fall into the first category when a competent doctor would have discovered the patient’s illness or made a different diagnosis, which in turn would have led to a better outcome than the one actually achieved. Cases fall into the second category when a doctor treats the patient in a way that no other competent doctor would have treated the patient. In a similar vein, it may also be malpractice if the doctor selects the appropriate treatment but administers it incompetently. Finally, cases fall into the third category when doctors breach their duty to warn patients of known risks of a procedure or course of treatment – this is also known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure.
Call us today to set up a free consultation regarding a potential medical malpractice claim.
1. In general, any medical malpractice action for injury or wrongful death must be brought within three years from the date when the alleged malpractice occurred. This is referred to as the Statute of Limitations. There are some instances when the Statute of Limitations is less than three years.
2. A claimant’s negligence will never bar recovery but, instead, will only reduce the claimant’s recovery in proportion to his comparative fault.
3. Claims of medical malpractice against a “qualified health care provider” are limited to a recovery of $600,000 which applies to all damages, with the exception of punitive damages and damages for medical expenses. Most doctors are “qualified health care providers” whereas most hospitals are not.
4. Generally the state and its political subdivisions have immunity from a tort action. Such immunity is inapplicable to medical malpractice actions if an employee of the state or any one of its political subdivisions was negligent while acting within the scope of his employment. Please note, New Mexico law requires that a Tort Claims Notice be filed with the appropriate state agency within ninety days of the alleged act. There are few exceptions to this requirement.
Many of our clients often do not understand a legal claim for Medical Malpractice (Med. Mal.). Given the number of questions I constantly receive regarding this sometime elusive legal concept I decided to start a blog dedicated solely to this topic. Please note the information provided is just information only and does not constitute legal advise
Medical malpractice, also known as medical negligence, generally occurs when a health care provider breaches the professional standards of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include but are not limited to:
1. Failure to diagnose or misdiagnosis of a medical condition or an injury;
2. Failure to provide “medically appropriate” treatment for a medical condition; or
3. An unreasonable delay in treating a medical condition that the treating physician knows has been diagnosed.
Medical Malpractice lawsuits can be brought against any healthcare provider including doctors, hospitals, nurses, and nursing homes who have negligently cared for a patient. This first entry just “scratches the surface” and there is much more to talk about. Please do not hesitate to e-mail or call if you have any questions about medical malpractice lawsuits.