Medical Malpractice Lawyer in Albuquerque, New Mexico Discusses Common Cases (6 Types)

When the medical care we seek causes further injury and harm, the devastating effects ripple throughout our lives. Financial losses, physical disabilities, and emotional traumas can last a lifetime.

At the Law Offices of Erika E. Anderson, our medical malpractice lawyers in Albuquerque, New Mexico, understand the personal turmoil created by irresponsible medical care. We want you to be able to recognize the 6 common types of medical malpractice cases.

6 Common Types of Medical Malpractice Cases

1. Misdiagnoses

Misdiagnoses are the most common type of medical malpractice claim.

A misdiagnosis occurs when a doctor or medical provider gives the wrong diagnosis or claims the patient doesn’t have a medical condition. Medical malpractice involves the patient’s condition worsening due to misdiagnosis.

Medical malpractice also occurs when the patient becomes harmed through treatment of a condition the patient never had.

It’s important to note that not all misdiagnoses qualify as medical malpractice.

Successful claims prove that the medical provider failed to administer the same treatment that a competent medical provider would have given under the same medical circumstances. This failure to properly treat the patient results in harm, injury, and losses.

Contact our medical malpractice attorneys in Albuquerque if you need to file a claim due to your misdiagnosis. We’ll help you assess your case.

2. Delayed Diagnoses

Delayed diagnoses involve initially receiving a misdiagnosis, but later receiving the correct diagnosis. If during the time you were receiving improper treatment or no treatment at all, and your condition worsened, you may have grounds to file for medical malpractice.

For this type of claim, it must be proven that the medical provider’s first diagnostic assessments were below the expected standard of care that a similar provider would have given.

Failing to order proper tests and misinterpreting images that resulted in the patient’s harm or injury qualify for medical malpractice.

3. Negligent Failure to Treat

Sometimes, a correct diagnosis is given, but the medical provider fails to administer proper treatment.

One common situation includes medical providers that oversee too many patients, often putting profits before patient care. Negligence occurs when providers fail to properly treat patients in a timely manner.

There are many examples of this failure, but here are some typical examples:

  • Discharging patients early
  • Failing to provide specialist referrals
  • Neglecting to provide follow-up care

4. Surgical Malpractice

Surgical malpractice leads to debilitating consequences. Sometimes, doctors perform surgeries on the wrong patient, at the wrong surgical site, and even perform the incorrect surgical procedure.

Surgical malpractice also includes performing unnecessary surgeries and administering the incorrect dosages of anesthesia.

This type of medical malpractice involves other oversights as well, which may include the following:

  • Damaging nerves, tissue, or organs during the procedure
  • Leaving objects and instruments inside the patient
  • Failing to provide adequate and necessary follow-up care


If you feel you’re a surgical malpractice victim, contact our medical malpractice attorneys in New Mexico for a free consultation.

5. Birth Injuries

Expectant parents have enough to worry about. Injuries to their babies through medical neglect shouldn’t be one of those worries.

Medical malpractice resulting in birth injuries covers various circumstances. Sometimes, C-sections are unnecessarily performed or not performed during emergencies resulting in injury or death.

Birth injuries also occur when providers incorrectly use birthing devices that cause the baby to incur cerebral palsy or brachial plexus.

Other types of negligence can harm babies as well:

  • Providing inefficient prenatal care
  • Misdiagnosing or failing to diagnose complications
  • Failing to monitor the baby and mother during labor
  • Administering incorrect doses of anesthesia

6. Defective Medical Devices

Defective and malfunctioning medical devices cause harm and injury to patients. For some, injuries occur directly from having the medical device. In others, a patient’s condition worsens when the device fails to benefit the patient’s health.

When medical device manufacturers know, or should have known, about defective devices, the manufacturer is liable for damages.

How Medical Malpractice Lawyers in Albuquerque, New Mexico, Can Help

We use our extensive resources at the Law Offices of Erika E. Anderson to help you win your case. We’ll gather medical records and evidence, interview witnesses, and secure knowledgeable experts.

We’ll be by your side as we prepare for trial, negotiate settlements, and initiate appeals when necessary. We aim to relieve you of the stresses of your medical malpractice case as we work to get the compensation you need.

Contact our Albuquerque, New Mexico, medical malpractice lawyers to schedule your free consultation.


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