A transient ischemic attack, or TIA, is often called a “mini-stroke.” Though symptoms may last only a few minutes, a TIA is a serious medical emergency. When a provider overlooks or misinterprets the signs, a patient can suffer a disabling or fatal stroke.
If you or someone close to you was harmed after a misdiagnosed TIA, you may qualify for a TIA misdiagnosis lawsuit in NM. The attorneys at Poulos & Cavazos, LLP focus exclusively on medical malpractice cases in New Mexico. With a medical doctor and nurse on staff, our team can quickly determine whether the error amounts to malpractice and guide you through the process.
What Is a TIA or Mini-Stroke?
A transient ischemic attack occurs when blood flow to the brain is temporarily blocked. Unlike a full stroke, symptoms usually resolve within minutes. However, this episode is a crucial warning that a major stroke may follow if immediate treatment is not provided.
Common warning signs of a mini-stroke include sudden weakness, slurred speech, loss of vision, dizziness, and severe headache. According to the Centers for Disease Control and
Prevention, about one-third of people who experience a TIA will have a stroke within a year if untreated. Quick medical evaluation can make the difference between full recovery and permanent disability.
How Mini-Strokes Are Misdiagnosed
Because symptoms fade quickly, many providers mistakenly attribute them to less severe conditions. A mini-stroke misdiagnosis malpractice case may arise when a doctor fails to:
- Record a complete history that highlights stroke risk factors,
- Order imaging such as CT or MRI scans,
- Refer the patient for neurological evaluation,
- Monitor symptoms in a hospital setting, or
- Prescribe appropriate medications to prevent recurrence.
When these mistakes cause delayed diagnosis or improper treatment, the patient may suffer a major stroke that could have been prevented.
When Misdiagnosis Becomes Medical Malpractice
To file a TIA misdiagnosis lawsuit in NM, you must show that the provider’s conduct fell below the accepted standard of care. New Mexico law requires proof of four elements:
- Duty of care—the healthcare provider had a professional responsibility to treat the patient competently;
- Breach—the provider failed to act according to accepted medical standards;
- Causation—the breach directly caused injury, such as a subsequent stroke; and
- Damages—the error resulted in measurable harm, including physical, emotional, or financial losses.
Before a case proceeds to court, New Mexico law requires review by the Medical Review Commission. This panel of doctors and lawyers determines whether sufficient evidence suggests negligence occurred. Poulos & Cavazos prepares each submission with detailed medical analysis, expert support, and precise documentation.
Evidence Used in a Mini-stroke Misdiagnosis Malpractice Case
Building a failure to diagnose TIA case in New Mexico requires strong evidence demonstrating that the missed diagnosis caused injury. Common evidence may include:
- Hospital and clinic records—providing a record of reported symptoms and provided treatment;
- Imaging results—including MRI or CT scans that identify brain activity or blockages;
- Lab results—documenting abnormal readings that warranted further testing;
- Expert testimony—clarifying how a competent physician would have identified the warning signs; and
- Follow-up medical documentation—showing later complications or a full stroke.
A lawyer, doctor, and nurse work together to review each claim at Poulos & Cavazos. Their combined insight helps identify where protocols were missed and how the lapse caused harm.
What Compensation May Be Recovered
A misdiagnosed TIA can have long-lasting effects, both physically and financially. Patients may require extensive rehabilitation, ongoing medical treatment, and assistance with daily living. In New Mexico, damages in a transient ischemic attack negligence claim can restore as much of what was lost as possible.
Compensation generally falls into two categories: economic and noneconomic damages.
Economic damages compensate for measurable financial losses, such as:
- Medical expenses—including hospitalization, surgery, medications, and rehabilitation;
- Future medical care—such as therapy, in-home assistance, or long-term nursing services;
- Lost income—for time missed from work during recovery; and
- Loss of earning capacity—if permanent limitations prevent returning to a previous occupation.
These financial losses can be significant, especially when a stroke leads to permanent disability or lifelong medical needs. Careful documentation of every expense helps ensure full and fair recovery.
Noneconomic damages compensate for the human impact of medical negligence, including:
- Pain and suffering—accounting for physical discomfort and emotional distress;
- Loss of enjoyment of life—if the patient can no longer participate in daily activities; and
- Loss of companionship—if the injury affects personal relationships or results in death.
In New Mexico, certain limits apply to noneconomic damages in medical malpractice cases, but these do not restrict recovery of actual financial losses. Every case is unique, and the total value depends on factors such as the severity of the resulting stroke, the cost of future care, and the extent of permanent disability.
At Poulos & Cavazos, we work with medical and economic experts to calculate the full scope of our clients’ losses. By documenting every expense and demonstrating how the misdiagnosis affected quality of life, we help ensure that injured patients and their families pursue fair compensation for their suffering.
Why Choose Poulos & Cavazos for a TIA Misdiagnosis Case
Medical malpractice litigation involving stroke and TIA requires extensive medical understanding. At Poulos & Cavazos, each case is reviewed by our medical doctor, nurse, and trial attorneys to ensure every detail is addressed before filing.
We are the only law firm in New Mexico focused exclusively on medical malpractice. With over 50 years of combined legal experience and over $500 million recovered for our clients, our attorneys have handled complex cases involving virtually every medical specialty. Our dedication and in-depth preparation have earned us statewide recognition for results and client care.
How Poulos & Cavazos Handles Your Case
Every case begins with a free, confidential consultation. If your situation meets the requirements for a malpractice claim, we:
- Conduct a full review of your medical records,
- Work with outside neurologists and stroke specialists,
- Prepare your claim for review by the Medical Review Commission, and
- Pursue fair compensation through settlement or trial.
There are no upfront costs. We only collect fees if we obtain compensation for you.
Contact Poulos & Cavazos About a TIA Misdiagnosis Lawsuit in NM
If a hospital or doctor ignored signs of a mini-stroke, immediate action may protect your rights and preserve valuable evidence. Poulos & Cavazos, LLP is a team of trial lawyers devoted exclusively to helping victims of medical negligence across New Mexico.
With a doctor, nurse, and attorneys collaborating on every case, we provide the medical insight and courtroom experience necessary to hold negligent providers accountable. We proudly serve clients statewide from our Las Cruces office. Contact us today at 575-523-4444 for a free consultation today.
Victor Poulos, JD
For more than two decades, Victor Poulos has devoted his practice exclusively to representing patients and families harmed by medical negligence. He has handled complex medical malpractice cases involving hospitals, surgeons, anesthesiologists, and other healthcare providers, and has taken hundreds of depositions of physicians, nurses, and hospital staff across nearly every medical specialty. Mr. Poulos has successfully tried high-stakes malpractice cases to verdict and is known for his meticulous case preparation and relentless advocacy on behalf of injured patients.
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