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Last Modified on Jun 10, 2026
When you go to the emergency department, you do so when you’re in severe distress and likely in significant pain. You should be able to rely on the medical providers to help, diagnose, and treat you according to their ability and the professional standard of care. Unfortunately, many patients suffer misdiagnosis and improper treatment. It’s important to know the signs of misdiagnosis after an emergency room visit in New Orleans to protect your well-being.
Misdiagnosis occurs in emergency departments for many reasons, including the high-pressure, fast-paced environments, long hours spent working, and a significant number of people needing treatment. This can have severe consequences for patients. In some cases, a misdiagnosis can lead to injury or even death. When medical providers do not meet the standard of care they should provide, they can be held accountable.
Warning Signs of a Misdiagnosis
A 2022 review published by the National Library of Medicine reported that 5.7%, or about one in 18, of patients are incorrectly diagnosed in emergency departments. Two percent of patients suffer an adverse effect because of misdiagnosis, and 0.3% suffer permanent disability or death.
It’s an unfortunate reality that patients and their families have to pay attention to their symptoms, be vigilant, and work to get the care they need from medical professionals. Some warning signs to keep in mind that might suggest misdiagnosis in the emergency department include:
- Lack of improvement. When your symptoms and condition don’t improve after receiving treatment, this may point to a misdiagnosis. Treatment should provide some help, although it may be gradual. Misdiagnosis can lead to no improvement or the development of additional symptoms.
- Worsening condition. If your symptoms suddenly get much worse after treatment, this likely means a misdiagnosis.
- Mismatched symptoms. This occurs when the symptoms you’re experiencing do not align with the symptoms of the diagnosis you received.
- Conflicting professional opinions. Second opinions from other providers are helpful for numerous reasons, and one is that conflicting opinions can point to misdiagnosis. The opinion of another medical provider can also help you get the treatment you need.
- Rushed diagnosis. When your medical provider seems rushed or inattentive, and your diagnosis seems incomplete or key tests were not ordered, this can point to misdiagnosis, especially when paired with mismatched symptoms or ineffective treatment.
It’s important to be persistent when you suspect misdiagnosis to get the treatment you or your loved ones need.
When Does Misdiagnosis in New Orleans Mean Medical Malpractice?
Not all errors or misdiagnoses mean there was medical malpractice, but some do. Medical providers in New Orleans are held to a professional standard of care, meaning they must do all the following:
- Apply their skill using reasonable care and diligence and their sound judgment
- Provide their skill and services that are usually provided in a similar situation by other members of good standing
When a misdiagnosis occurs because a provider failed to meet this standard of care, they might be liable in a medical malpractice claim. A claim also requires that you suffered damages because of the medical provider’s negligence. If you suffered injuries that required additional treatment, have been disabled, or even lost a loved one because of a misdiagnosis, you can file for damages caused by their malpractice.
There were 260 medical malpractice payment reports in Louisiana in 2025, and 209 of those were filed against physician MDs.
FAQs About New Orleans Signs of Misdiagnosis After an Emergency Room Visit
How Often Do ER Doctors Make Mistakes?
Emergency room (ER) accuracy in diagnosis is considered high, but ER doctors and staff can still make mistakes. It is estimated that 5.7% of patients receive an incorrect diagnosis, according to one study, and 2.0% of patients suffer an adverse effect because of the misdiagnosis. Misdiagnosis is one of the most common mistakes made in the ER, but it is not the only mistake. The rate of ER mistakes is considered comparable to other areas of healthcare.
Can You Dispute a Wrong Diagnosis From an ER Visit?
Yes, you can dispute a wrong diagnosis from an ER visit. While still in the ER, you should ask further questions about your symptoms, request additional tests or steps if there is no clear diagnosis, and ensure there is documentation of the treatment you were provided with. If you’ve left, you can go back to the ER if you believe you were misdiagnosed. If your misdiagnosis caused you harm, you might be able to file a medical malpractice claim.
What Is the Most Common Missed Diagnosis Causing ED Physician Malpractice Claims?
Several common missed diagnoses cause ED (emergency department) physician malpractice claims, including the misdiagnosis of heart attacks, strokes, sepsis, appendicitis, or pulmonary embolism.
Errors alone are not enough for malpractice claims. The error must have fallen below the standard of care to which medical providers are held. When medical providers provide a misdiagnosis because they failed to follow professional standards of treatment, or despite being provided with evidence of the correct diagnosis, this could lead to a claim.
Why Should You Hire a Medical Malpractice Lawyer in Louisiana?
You should hire a medical malpractice lawyer in Louisiana because these claims are very complicated and difficult to succeed in without a lawyer. Your lawyer can review your case to assess whether or not you have the grounds for a claim. They can gather key medical documentation, identify the providers or facilities that are liable, and determine breaches of care. They can help you file in court, such as the Orleans Parish Civil District Court.
New Orleans Medical Malpractice Attorney at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C.
Medical providers in emergency departments offer an important service to the public, but some providers do not provide the care and diligence that they should. When you or a loved one is hurt because of a provider’s medical negligence in the emergency room, you deserve to recover the financial losses caused by your injuries.
At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., we have served Louisiana communities for more than 75 years. We know how personally and financially destabilizing it is to deal with injuries and how isolating it can feel when you are failed by providers meant to help you. Reach out to our firm and learn how we can help you with a malpractice claim.
