Imagine visiting your doctor with persistent symptoms—fatigue, unexplained weight loss, or pain—and being told it’s nothing serious. Months later, you receive devastating news: the condition was cancer or another serious illness. If diagnosed earlier, the prognosis might have been better, treatment less aggressive, or your loved one might still be here today.
A delayed diagnosis can change everything. When a doctor or healthcare provider fails to diagnose a condition in a timely manner, the consequences can be catastrophic. If you or a loved one has suffered due to a delayed diagnosis in Las Cruces, NM, you may have legal options.
At Poulos & Coates, we specialize in representing victims of medical negligence, including those affected by delayed or missed diagnoses.
With more than 100 years of combined experience, our team has fought for victims and their families, securing over half a billion dollars in gross recoveries.
If you’re searching for a Las Cruces delayed diagnosis lawyer, we’re here to help you determine whether you have a case and what steps to take next.
What Is a Delayed Diagnosis?
A delayed diagnosis occurs when a medical professional fails to diagnose a condition promptly, causing the patient to suffer additional harm. While doctors are not expected to be perfect, they must follow established medical standards when diagnosing and treating patients. When a failure to diagnose or delay in diagnosis falls below the accepted standard of care, it may constitute medical malpractice.
Some of the most common conditions affected by a delayed diagnosis include:
- Cancer (breast cancer, lung cancer, colon cancer, prostate cancer, etc.);
- Heart attacks and strokes;
- Infections, including sepsis;
- Meningitis;
- Diabetes complications;
- Autoimmune diseases; and
- Brain tumors and neurological disorders.
A delayed diagnosis is different from a missed diagnosis, where a doctor completely incorrectly identifies a condition or does not identify a condition at all. However, both situations can lead to unnecessary suffering, worsening conditions, and, in some cases, death.
Causes of Delayed Diagnosis
Medical professionals undergo years of training, so why do diagnostic errors still happen? A delayed cancer diagnosis lawyer or medical malpractice attorney often finds that one or more of the following issues are present:
- Failure to order appropriate tests. A doctor dismisses symptoms or fails to order necessary tests such as bloodwork, MRIs, or biopsies.
- Misinterpretation of test results. Radiologists or lab technicians make critical errors in analyzing scans or blood tests.
- Failure to follow up. Medical providers fail to communicate abnormal results to the patient in a timely manner.
- Ignoring patient complaints. Symptoms dismissed as minor, stress-related, or psychological rather than investigated thoroughly.
- Lack of specialist referral. A primary care doctor fails to refer the patient to a specialist who could make a timely diagnosis.
According to a study by the Johns Hopkins University School of Medicine, diagnostic errors leading to death or serious permanent disability were often associated with misdiagnosed cancers (37.8%), vascular events (22.8%), and infections (13.5%).
A 2024 study published in BMJ Quality & Safety found that an estimated 795,000 Americans become permanently disabled or die annually across care settings because dangerous diseases are misdiagnosed.
When negligence plays a role in a delayed diagnosis, you have the right to seek compensation for the harm caused.
The Impact of a Delayed Diagnosis
A delayed diagnosis can have devastating consequences, not only for the patient but also for their loved ones. The effects extend beyond the physical implications and often impact financial stability, emotional well-being, and quality of life.
- More invasive treatments. Early-stage cancer may be treatable with surgery or targeted therapy, but a delayed diagnosis may require aggressive chemotherapy or radiation.
- Reduced survival rates. Many conditions, including cancer and heart disease, have better outcomes when detected early.
- Higher medical costs. Prolonged treatment, additional hospital stays, and specialist consultations can result in significant financial burdens.
- Emotional distress. Patients and families experience frustration, anxiety, and trauma because of the knowledge that an earlier diagnosis could have prevented unnecessary suffering, or even wrongful death.
- Loss of income. A delayed diagnosis can lead to extended time away from work or even permanent disability, impacting financial stability.
- Loss of trust in medical professionals. Patients and their families may feel betrayed by the healthcare system, causing emotional and psychological distress.
Furthermore, the impact extends beyond the patient. Family members often bear the financial and emotional burden of care, especially when a delayed diagnosis leads to long-term disability or death. Caregivers may have to quit their jobs or make major lifestyle changes to accommodate their loved one’s needs, leading to additional stress and financial strain.
Patients who experience a delayed diagnosis frequently suffer unnecessary pain, extended recovery periods, and missed opportunities for life-saving treatments. Sometimes, the delay can mean the difference between a treatable condition and a terminal illness.
This reality is especially painful for families who learn that timely medical intervention could have prevented their loved one’s suffering or passing.
Do You Have a Medical Malpractice Case for Delayed Diagnosis?
Not every delayed diagnosis is considered medical malpractice. To file a successful claim, you and your attorney must prove four key elements:
- Doctor-patient relationship. You must establish that you were under the care of a doctor or medical professional.
- Negligence. You must show that the provider failed to meet the accepted standard of care, meaning another competent doctor would have diagnosed the condition sooner.
- Harm. The delay must cause harm, such as requiring more aggressive treatment, a worse prognosis, or unnecessary pain and suffering.
- Damages. The harm must lead to financial, emotional, or physical damages, including medical bills, lost wages, disability, or wrongful death.
Every case is unique, so consulting an experienced Las Cruces delayed diagnosis lawyer is crucial.
New Mexico Laws on Medical Malpractice
If you believe you have a delayed diagnosis case, it’s important to act quickly. In New Mexico, medical malpractice lawsuits are governed by the New Mexico Medical Malpractice Act. This law sets specific rules and limitations for filing claims against healthcare providers.
Statute of Limitations
Under New Mexico law, you typically have three years from the date of the alleged malpractice to file a claim. However, there are exceptions in some circumstances. For example, minors under age six must have their lawsuit filed before their ninth birthday, and in instances where the malpractice was discovered later, the “discovery rule” may extend the deadline.
Filing a claim after the deadline may result in losing your right to pursue your claim, so it’s crucial to consult a medical malpractice attorney as soon as possible.
Why Choose Poulos & Coates?
At Poulos & Coates, we work exclusively on medical malpractice cases. Unlike general personal injury firms, our team focuses on holding negligent healthcare providers accountable. Here’s why clients in Las Cruces and throughout New Mexico trust us:
- We are the only New Mexico law firm with a doctor and two nurses on staff;
- Over 100 years of combined trial experience in medical malpractice cases;
- Over $500 million in verdicts and settlements;
- We are in the courtroom almost every day, fighting for victims; and
- We work on a contingency fee basis, meaning you don’t pay unless we recover compensation for you.
We are not afraid to take on hospitals, physicians, and insurance companies when they fail to provide proper medical care, allowing you and your family to focus on healing.
What Compensation Can You Recover?
Medical malpractice cases often require detailed financial and medical analyses to determine the full extent of damages.
A legal team can work with financial experts and medical specialists to calculate long-term costs and ensure that victims receive fair compensation.
Depending on the nature of the harm sustained, those affected by delayed diagnosis malpractice may be entitled to various forms of compensation, including:
- Medical expenses—past and future medical costs related to the delayed diagnosis and additional treatments required;
- Lost wages—compensation for missed work and potential loss of future earnings;
- Pain and suffering—damages for physical pain, emotional distress, and loss of quality of life;
- Wrongful death damages—surviving family members may seek compensation for funeral expenses and loss of companionship;
- Rehabilitation costs—if the delayed diagnosis resulted in a more severe condition requiring long-term therapy, the claim can include rehabilitation expenses;
- Loss of enjoyment of life—compensation if the delay in diagnosis caused permanent disability or a diminished ability to participate in activities once enjoyed; and
- Punitive damages—damages to punish egregious instances of medical negligence and deter similar misconduct in the future.
New Mexico caps medical malpractice damages at $750,000, except for medical expenses. However, each case is different, and our attorneys can help determine the full value of your claim.
Contact a Las Cruces Delayed Diagnosis Lawyer Today
A delayed diagnosis can take away valuable treatment time and have life-altering consequences.
If you or a loved one has suffered because of a missed diagnosis, Poulos & Coates is ready to fight for the justice you deserve and the compensation you need. Contact us today by filling out our secure contact form or call us at 575-523-4444 for a free consultation with a Las Cruces delayed diagnosis lawyer. We’ll review your case, answer your questions, and begin working with you on a path toward recovery.