Medical Misdiagnosis Attorneys
We are fortunate to live in a country with the best medical care in the world. Every day, doctors, EMTs, lab techs and ER personal make vital diagnoses, which help patients and injury victims to heal and recover. In many instances, lives are saved. As medical professionals, these individuals are held to a high level of responsibility when it comes to making proper diagnoses. And they must be, because other lives depend on it. So when misdiagnosis occurs and a patient suffers further injuries or dies, it is time to take legal action.
At The Townsley Law Firm, we help injured patients and family members bring medical misdiagnosis lawsuits in order to recover rightful compensation. The settlements and verdicts we win are critical in helping our clients address further medical costs, lost wages due to an inability to work, pain and suffering, and in some cases the devastating loss of a loved one. Get the answers you need with a free initial consultation. Call 337-377-0584 today.
Table of Contents for Misdiagnosis Claims
Examples of Delayed, Late And Incorrect Diagnosis
Misdiagnosis can take many forms, and our lawyers can address them all. Sometimes a heart attack may be misdiagnosed as heartburn. In other cases, a doctor may misread X-rays or vital tests. We have also seen lab technicians who make errors when analyzing specimens.
Commonly misdiagnosed illnesses, injuries and conditions include:
Proving Medical Misdiagnosis Claim
Proving a misdiagnosis claim in Lake Charles involves gathering strong evidence to show that a healthcare provider failed to meet the accepted standard of care. This means proving that another competent doctor in the same situation would have made a correct diagnosis.
To prove misdiagnosis, a medical malpractice attorney relies on:
- Medical records that show what symptoms the patient reported and what tests were done
- Expert testimony to establish what the proper diagnosis should have been
- Evidence of harm resulting from the incorrect or delayed diagnosis
Together, these pieces help build a case that the misdiagnosis caused serious harm, like delayed treatment, worsening conditions or unnecessary procedures.
Patients in Lake Charles considering a misdiagnosis claim should also act quickly, as Louisiana law imposes strict deadlines for filing medical malpractice lawsuits. The statute of limitation is 1 year from the date of discovery or incident and 3 years maximum from the date of the alleged malpractice.
Causes A Medical Misdiagnosis
There are many reasons why doctors misdiagnose conditions. While medical professionals often work under pressure, some mistakes are preventable and result from gaps in communication or judgment.
Some common reasons behind misdiagnoses include:
- Inadequate patient evaluation, such as not listening closely to symptoms
- Misinterpreting test results or failing to order the right diagnostic tests
- Time constraints, especially in busy emergency rooms or clinics
- Confirmation bias, where a doctor sticks with an initial assumption despite new information
- Lack of specialist referrals when a case requires more expertise
- Incomplete medical history, where doctors overlook past conditions or family history that could inform a correct diagnosis
- Poor communication between medical staff, such as failing to relay test results or updates across departments
These issues can lead to serious complications, especially if the real condition goes untreated.
If you suspect a misdiagnosis in Lake Charles, it is essential to talk to a qualified medical malpractice attorney. We help determine whether your experience points to negligence and what legal steps you can take to seek justice. Call us now at 337-377-0584.
Frequently Asked Misdiagnosis Questions & Answers
Can a family sue if a doctor in Louisiana misdiagnosed a heart attack and the patient died?
Yes. If a Louisiana emergency room physician failed to properly evaluate a patient for a cardiac condition, and the patient died as a result, the surviving family may have a valid wrongful death and medical malpractice claim. The key is establishing that the physician’s conduct fell below the accepted standard of care and that this failure directly caused the death. An experienced Louisiana medical malpractice attorney can review the medical records and determine whether a viable claim exists.
What are the warning signs of a heart attack that an ER doctor should never miss?
Emergency physicians are trained to evaluate shortness of breath, chest pain or pressure, hypertension, tachycardia, nausea, sweating, and arm or jaw pain as potential cardiac symptoms — especially in patients with known heart disease, diabetes, or prior heart attacks. When a patient presents with any combination of these symptoms and a cardiac history, accepted emergency medicine protocol requires an EKG and troponin blood test to rule out a cardiac event before discharge.
What is a troponin test and why does it matter in a heart attack malpractice case?
Troponin is a protein released into the bloodstream when heart muscle cells are damaged. Elevated troponin levels are one of the most reliable indicators of an active heart attack. In emergency medicine, a troponin test is a standard and inexpensive step in evaluating any patient with possible cardiac symptoms. When an ER physician fails to order a troponin test in a patient with a cardiac history and symptoms consistent with a heart attack, that omission is a central piece of evidence in a medical malpractice claim.
How long does a family have to file a wrongful death malpractice claim in Louisiana?
Louisiana generally allows one year from the date of death or the date the family discovered negligence was involved to file a medical malpractice claim. Louisiana also has a three-year statute of repose that acts as an absolute deadline. Because these timelines can be affected by whether the provider is classified as a qualified healthcare provider under Louisiana’s Medical Malpractice Act, it is essential to consult with an attorney as soon as possible. Missing the deadline means losing the right to pursue any compensation, regardless of how clear the negligence was.
What compensation can a family recover in a Louisiana wrongful death malpractice case?
Surviving family members in Louisiana can recover compensation for funeral and burial expenses, medical bills incurred before death, lost income and financial support the deceased would have provided, loss of love, companionship, and support, and the family’s grief and emotional suffering. Louisiana’s Medical Malpractice Act caps certain categories of damages, but an experienced attorney can structure a claim to maximize recovery within those limits. In some cases, such as when gross negligence is involved, additional avenues for compensation may exist.
What should I do if I believe my family member died from an ER misdiagnosis in Louisiana?
Request the complete medical records immediately, including nursing notes, physician notes, vital signs logs, and any imaging or lab results. Write down everything you remember about what the doctors and nurses said during the visit. Do not sign any release of liability or settlement document offered by the hospital or their insurer before speaking with an attorney.
Contact a Louisiana wrongful death and medical malpractice attorney for a free consultation as soon as possible, because the statute of limitations begins running immediately.
A Legal Team With Medical Knowledge
Misdiagnosis cases rely heavily on medical evidence, and it is important to work with lawyers who understand how to interpret this information. When you work with our law firm, you will be represented by more than just skilled attorneys. Our legal team also includes members with nursing backgrounds, pre-med studies and significant medical negligence litigation. By combining our legal experience and medical knowledge, we are able to present solid claims that get results.
Get A Free Consultation About Your Misdiagnosis Claim
With any severe injury, it is important not to face the insurance companies alone. Reach out to us online, or call our Lake Charles medical misdiagnosis lawyers at 337-377-0584. We are ready to help.