Key Facts About Cancer Misdiagnoses

In Louisiana, civil cases that involve a misdiagnosis are relatively complex due various factors. Because cancer is generally evaluated in several stages, proving negligence involves a series of steps to determine when, how, and on whose watch it occurred.

For instance, if cancer could have been detected during its early stages but was not, the affected patient may have grounds to pursue a cancer misdiagnosis lawsuit. However, a potential counterargument to this example is that not all types of cancer can be detected during their early stages. Simply put, if a doctor detects cancer at a later stage, it does not necessarily mean they failed to act appropriately.

The practice of medicine offers certain leeway for mistakes, misjudgments, and other human errors. However, negligence occurs when the doctor or another care provider fails to provide an expected standard of care. For example, perhaps the recognized process other doctors would have followed was to order a certain test that could confirm the cancer based on the reported symptoms. If your doctor failed to perform that test, they may be guilty of negligence.

Potential Impact of a Misdiagnosis

A doctor’s inability to diagnose cancer often happens in a clinical setting. Because cancer is commonly detected during a physical examination and confirmed via biopsy, there are cases in which doctors treat the disease as something far less serious or miss a crucial aspect that would pinpoint the malignancy.

If multiple cancer warning signs are uncovered, such as abnormal growths or lesions, dramatic weight loss, or symptoms of fatigue, it is the doctor’s responsibility to order appropriate testing to confirm any potential diagnosis. Upon further validation that there is indeed cancerous growth, treatment options, referrals, and recommendations should then be passed on to the patient.

As a result, misdiagnosis or failure to diagnose cancer can have a dramatic negative impact on a patient’s health and even lead to death. If their cancer is not diagnosed as soon as possible, they will not receive information about treatment, including lifesaving or extending surgery, chemotherapy, radiation, and more. Their cancer will go untreated for longer, allowing it to spread.

Role of Accountability in Cancer Misdiagnosis Cases

In some cases, medical professionals may not refer the patient to a specialist promptly, despite the patient’s best interests, due to insurance carriers’ financial interests. The devastating repercussions of prioritizing finances above the patient’s personal health can jeopardize the patient’s quality of life – and can be considered evidence of medical malfeasance in civil court.

Provided there is significant evidence that a medical professional misdiagnosed or failed to diagnose cancer, an individual may pursue a malpractice suit to seek financial damages. A Lafayette personal injury lawyer may proceed by exploring if the physician failed to conform to the medical standard of care.

Specifically, the attorney would seek to determine whether the doctor made a mistake that an otherwise prudent doctor would not have made under similar or identical circumstances. This is the definition of medical malpractice. Many mistakes or errors do not rise to the bar set by state law for medical negligence. However, we know how to determine if malpractice occurred and prove it on behalf of our clients.

Talk to a Louisiana Local Attorney Today

Get a Free Case Evaluation

How Do We Build a Medical Malpractice Case Based on a Cancer Misdiagnosis?

The evidence in a medical malpractice cancer misdiagnosis case will likely center on your medical records, information from your current doctors and specialists, and the testimony of a medical expert witness. This expert may provide information, a written affidavit, or sworn testimony on the stand at trial.

The expert will be someone who has a similar education, experience, and physical location to the accused doctor and who can speak from experience about the usual and expected standard of care in a case like yours.

They will review your medical records and determine:

  • What they would have done
  • What actually happened
  • If the difference between the two represents a deviation from the appropriate standard of care
  • If the actions of the negligent party caused or contributed to your injuries or advancing illness

We can often negotiate an out-of-court settlement in medical malpractice cases. However, we will sue a negligent doctor or facility if necessary to protect our client’s rights and help them secure fair compensation.

Timelines for Filing a Lawsuit Based on Medical Malpractice in Louisiana

There are deadlines for suing a doctor, clinic, or hospital in a cancer misdiagnosis case. In general, we only have two years from the date of the medical error to file suit in Lafayette per Louisiana Revised Statute § 5628. However, it is not unusual for months or even years to pass before the patient learns that medical negligence occurred. When this happens, the clock usually begins running on the date the malpractice is discovered.

The deadlines may be different in some cases, though. This could include:

  • When the victim is a child
  • When the liable party is a government facility such as a municipal hospital

Our attorneys can help you understand the timeline in your case and how quickly we need to act to seek compensation for you.

Client Testimonials Hear from locals like you.

Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is ...

Courtney Marsh is professional and passionate about her clients! Her communication skills are top notch and she has been amazing to work with! She is truly a blessing!

T
Tori E.

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I thi...

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I think it’s safe to assume that the majority of people who call in are stressed and to have someone who is calm and kind taking the call is a great representation of the company.

D
Debbie Fontenot

Marksville

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve h...

Jourdan is an outstanding paralegal! She is knowledgeable, organized, and truly cares about the clients she works with. Every interaction I’ve had with her has been positive — she takes the time to explain things clearly and makes the process much less stressful. Laborde Earles Law Firm is lucky to have someone like Jourdan on their team. I would highly recommend both Jourdan and the firm to anyone looking for trustworthy and reliable legal support.

M
Matt Picard

New Orleans

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had ...

Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had our best interest and our well being as a priority. I would recommend them to friends and family. My case had some extenuating circumstances and they both worked diligently to help us. I am very thankful for their service and dedication to us.

M
Michel Lanclos

New Orleans

Eryn Laughlin is a good employee, we love her!

a
anonymous

Car Accident

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in ...

Renee McCaslin goes above and beyond to help the clients. Her attention to detail is unmatched! Her kind heart and sweet spirit both go a long way in making you feel heard and cared for. And, she’s, like, really pretty!

S
Sylvia Roy

New Iberia

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs. Courtney. I spoke with her multiple times, and each time she was patient and answered every question I had. She made me feel like I was the only client. Grateful for her and Laborde Earls!

T
Tracie M.

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) whic...

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) which is always a breath of fresh air to be around someone who is genuine. She's a doll and anyone who comes into contact with her is a lucky one!

H
Hannah Johnson

Baton Rouge

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situat...

I’m so grateful for the help I received from Renee McCaslin. From start to finish, they were kind, professional, and truly cared about my situation. They made everything easy to understand and handled every detail with care. I felt supported the whole way through. I highly recommend Renee McCaslin to anyone looking for a paralegal who goes above and beyond.

R
Rosann Roberts

Lake Charles

Over 1,700 5-Star Reviews

Read More Testimonials

Learn How a Lafayette Cancer Misdiagnosis Attorney Can Help You Today

A misdiagnosis can have severe repercussions on your life. Due to the deadly nature of the disease, failing to diagnose cancer can lead to many health concerns.

When it comes to fighting back against mistakes in the field of medicine, there is no substitute for a Lafayette cancer misdiagnosis lawyer. To learn more about your rights and how an attorney could work to protect them, contact a Laborde Earles Injury Lawyer today.

branded accent

View More Articles Trusted Voices Sharing What Matters

closeup of a car with a crashed hood

Blog Louisiana’s New Comparative Fault Law (2026): What the 51% Rule Means for Your Compensation

If you were injured in Louisiana, a recent change in the law could determine whether you recover compensation or nothing at all. As of Janua...

Read Full Article
woman in neck brace talking to lawyer

Blog Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

Now that Louisiana has set a new two-year statute of limitations on tort claims, injury victims will have more time to take legal action for...

Read Full Article
law statue

Blog Digger Earles Honored With Appointment to GLP-1 Plaintiff Steering Committee

In a significant victory for plaintiffs in the high-stakes multi-district GLP-1 litigation, renowned Lafayette personal injury lawyer Digger...

Read Full Article

Guidance you can trust, from people who actually know.

View All FAQs View All Articles

Our Locations Find Your Local Office

Get Legal Help Today Talk to a Louisiana Local Attorney Today

25+ Attorneys Collaboration on every case

Call Anytime Speak to our local team 24/7

(337) 777-7777
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (337) 223-9925.