When doctors miss critical warning signs, the consequences can be life-altering. At Capitelli & Wicker, we represent individuals and families in New Orleans whose lives have been disrupted by a medical provider’s failure to diagnose serious conditions. We hold healthcare professionals accountable when delays in diagnosis lead to worsened outcomes, long-term harm, or preventable death.
What Our Clients Say
Failure to Diagnose in New Orleans
Failing to identify a serious condition in time can turn a treatable illness into a devastating one. In some cases, patients are sent home with incorrect reassurances, only to discover too late that they had a condition or infection that needed urgent and immediate medical attention. At Capitelli & Wicker, we understand the medical and legal complexities of these cases, and how to prove when a provider’s inaction crossed the line into negligence.
- Cerebral Palsy: A group of disorders affecting movement and muscle tone, often caused by oxygen deprivation during birth.
- Brachial Plexus Injuries: Damage to the network of nerves controlling the arm and hand, which can occur from excessive pulling during delivery.
- Hypoxic-Ischemic Encephalopathy (HIE): Brain dysfunction resulting from inadequate blood flow and oxygen to the brain during birth.
- Spinal Cord Injuries: Severe damage leading to paralysis or other significant impairments, potentially caused by traumatic delivery techniques.
What Is “Failure to Diagnose”?
Failure to diagnose occurs when a medical provider does not recognize the signs of an illness or condition in a timely manner. This could involve:
- Dismissing or misinterpreting symptoms
- Failing to order appropriate tests
- Ignoring patient concerns
- Delaying referral to a specialist
- Misreading test results
When providers breach the standard of care in these ways, the result can be delayed treatment, irreversible progression of disease, or even loss of life.
Common Conditions Involved in Failure to Diagnose Cases
Our firm represents clients whose undiagnosed or delayed diagnoses involved:
- Cancer (breast, colon, lung, prostate, etc.)
- Heart attacks or strokes
- Infections or sepsis
- Internal bleeding
- Meningitis or other neurological issues
- Pulmonary embolism
- Appendicitis or other acute surgical conditions
Each case is different, but the central question remains: Should your provider have caught this earlier?
Our New Orleans Medical Negligence Process
Step One: Case Evaluation & Medical Review
We begin with a comprehensive review of your medical history and records, consulting experts and leveraging our team’s medical legal knowledge and medical field experience as needed to identify where and how the standard of care was breached.
Step Two: Strategic Legal Action
Once we build the medical foundation, we develop a legal strategy tailored to your case, filing suit against responsible parties and navigating the pre-trial process.
Step Three: Pursuing Maximum Recovery
Whether through negotiation or trial, we fight for full and fair compensation for your medical expenses, lost income, pain and suffering, and long-term care needs.
Why Choose Capitelli & Wicker for Your Failure to Diagnose Case?
- Extensive Experience in high-stakes medical malpractice litigation
- Access to Trusted Medical Experts who can support your claim
- Proven Courtroom Success in obtaining settlements and verdicts for clients harmed by diagnostic errors
- Responsive and Compassionate Counsel—you’ll never feel like just another case
- Commitment to Justice—we’re not afraid to go to trial if that’s what it takes for justice to be earned
We know these cases are personal. That’s why we treat every client with the respect, attention, and diligence they deserve.
Frequently Asked Questions
What’s the difference between misdiagnosis and failure to diagnose?
Misdiagnosis occurs when a doctor gives the wrong diagnosis. Failure to diagnose means the provider missed the condition entirely or diagnosed it too late.
Is failure to diagnose considered medical malpractice?
Yes, if a doctor’s failure to diagnose falls below the accepted standard of care and causes harm, it may qualify as medical malpractice.
Can I still sue if I eventually got the correct diagnosis?
Yes. Even if you were diagnosed later, you may still have a case if the delay caused your condition to worsen, limited your treatment options, or impacted your prognosis.
What compensation can I recover in a failure to diagnose case?
You may be entitled to damages for medical bills, lost wages, pain and suffering, future care needs, and more.
How long do I have to file a claim?
Medical malpractice claims are subject to strict deadlines. It’s important to speak with an attorney as soon as possible.
Is failure to diagnose more common in emergency rooms?
It can be, but not always. Busy ERs may overlook subtle but critical symptoms, especially when providers rush evaluations or fail to order follow-up tests.
What if my symptoms were downplayed or dismissed by my doctor?
When a provider ignores clear signs of illness or fails to take patient concerns seriously, it may indicate a breach of the standard of care—a central factor in failure to diagnose claims.
Take the First Step Toward Justice in Your New Orleans Failure to Diagnose Case
If you believe a delayed or missed diagnosis caused serious harm, you don’t have to face the aftermath alone. Capitelli & Wicker is here to listen, investigate, and advocate for the outcome you and your family deserve.
Call 504-582-2425 or contact us online today to schedule a confidential consultation with a New Orleans medical malpractice lawyer.
