New Orleans

Misdiagnosis Lawyers

A wrong diagnosis can set you on the wrong treatment path entirely, while the real condition keeps getting worse.

The Voorhies Law Firm represents patients across New Orleans who were harmed because a healthcare provider misdiagnosed their condition.

What Is Misdiagnosis?

Misdiagnosis occurs when a healthcare provider identifies the wrong condition, leading to improper or unnecessary treatment while the actual condition goes unaddressed.

This can include:

  • Misreading imaging, lab results, or pathology reports
  • Misinterpreting symptoms as a less serious or unrelated condition
  • Prescribing treatment for the wrong diagnosis, including unnecessary surgery or medication
  • Failing to order the tests a reasonable provider would have ordered given the symptoms presented

Misdiagnosis is closely related to, but distinct from, failure to diagnose. A misdiagnosis actively identifies the wrong condition, while a failure to diagnose misses the condition altogether.

Both can support a malpractice claim under Louisiana law.

How Louisiana Law Applies

Misdiagnosis claims in Louisiana fall under the state’s Medical Malpractice Act framework.

Medical Review Panel Comes Before Any Lawsuit

Before you can sue a qualified healthcare provider over a misdiagnosis, Louisiana generally requires your claim to be evaluated by a Medical Review Panel of one attorney and three healthcare providers, who weigh in on whether a competent provider would have reached the correct diagnosis.

Filing suit before that process concludes typically results in dismissal for being premature.

A Cap on Damages, With Future Medical Care Carved Out

For qualified providers, Louisiana caps total damages at $500,000, not counting future medical care and related benefits, which are handled separately. Individual providers aren’t personally liable for more than $100,000 of that total; the Louisiana Patient’s Compensation Fund makes up the difference.

Part of building a strong misdiagnosis case is confirming each provider’s qualified status under the Act.

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Misdiagnosis claims run on a different clock than most injury cases: generally one year from the negligent act or one year from discovery, capped at an absolute three years from the date of the act, regardless of when you actually learned about it.

Given how long a misdiagnosis can go unnoticed, that outer deadline is often the one that matters most.

The Legal Process, Step by Step

Free consultation.

Tell us what symptoms you had and what you were told. We’ll give you an honest, no-cost assessment.

Records collection.

We gather every relevant record, including imaging, labs, and notes from each provider you saw.

Expert review.

We bring in medical experts to evaluate whether a competent provider would have reached the correct diagnosis.

Medical Review Panel.

Before any lawsuit can be filed, your case goes before Louisiana’s required panel for review.

Damage calculation.

We account for the medical, financial, and personal cost of the delay caused by the wrong diagnosis.

Filing suit, if needed.

When the panel process doesn’t lead to a fair resolution, we take the case to court within the applicable deadline.

Resolution.

You receive your compensation, whether through settlement or verdict, coordinated with the Louisiana Patient’s Compensation Fund where it applies.

Types of Cases We Handle

We represent patients in misdiagnosis cases involving:

  • Cancer misdiagnosis, including cases mistaken for a less serious condition
  • Cardiac event misdiagnosis, including heart attacks mistaken for anxiety or indigestion
  • Stroke misdiagnosis
  • Misdiagnosed infections that were allowed to progress

Results

Behind every misdiagnosis case is a person who followed their provider’s guidance in good faith while the real problem kept getting worse. We’re here to make sure that’s answered for.

The Voorhies Law Firm has recovered over $100 million for our clients across all our practice areas, and we bring the same thorough preparation to misdiagnosis cases specifically.

Results may vary based on the specific facts of your case, including how Louisiana’s damages cap applies.

What Our Clients Say

Why Choose The Voorhies Law Firm?

A missed or wrong diagnosis can cost you the most valuable thing in a health crisis: time.

Richard P. Voorhies III and the team at The Voorhies Law Firm have spent fourteen years taking on hospitals and insurers who try to explain away a preventable diagnostic mistake.

We’re recognized by Super Lawyers, the Million Dollar and Multi-Million Dollar Advocates Forums, and other legal organizations, and we handle misdiagnosis cases on contingency, so you owe us nothing unless we win.

Frequently Asked Questions

Doctors aren’t required to be perfect, only to meet the accepted standard of care. Misdiagnosis becomes malpractice when a reasonably competent provider, given the same symptoms and information, would have reached the correct diagnosis or ordered further testing.

Gather your medical records from every provider involved, including imaging and lab results, and speak with an attorney promptly given Louisiana’s strict medical malpractice deadlines.

Generally, yes, when the claim involves a qualified healthcare provider. A lawsuit typically can’t move forward until the panel has weighed in.

Typically one year from the misdiagnosis itself or from discovery, but never more than three years from the original act, under La. R.S. 9:5628.

Nothing upfront. We handle misdiagnosis cases on a contingency fee basis, so we only get paid if we recover compensation for you.