Bobby R. Lormand Jr., APLC
835 Louisiana Avenue
Baton Rouge, LA 70802-5928
Telephone: (225) 910-8316
Toll Free: (888) 332-0371
Fax: (225) 387-8126

Failure To Diagnose Cases

Medical Malpractice Attorney in Baton Rouge

Below are some of the types of cases I have handled at the office of Bobby R. Lormand Jr., APLC. To learn more, please click on one of the links below or contact my office online.

Failure to Diagnose Cases:

Other Medical Malpractice Cases:

Cases Involving a Failure to Diagnose And /Or Identify

Failure to Diagnose a Heart Attack:

A Gentlemen and his wife presented to my office after he had incurred a myocardial infarction (heart attack) while in the hospital. He went to the emergency room of a major medical center complaining of pain in his chest that radiated to his left arm. A standard work up was performed which involved an electrocardiogram (EKG), chest x-ray and cardiac enzymes.

Because the cardiac enzymes were negative and there were only minimal changes to the EKG, he was admitted to the telemetry floor (heart floor) with a diagnosis of chest pain rule out myocardial infarction. He continued to have chest pain and on his second set of cardiac enzymes, his enzymes were noted to be extremely elevated indicating a heart attack and heart damage, both of which occurred on the telemetry floor.

Because this gentleman lost significant function of his heart as a result of the emergency room physician failing to identify the myocardial infarction and obtain a cardiac consult and provide cardiac treatment, this case was settled in favor of this gentleman and his wife.

Failure to Diagnose Colon Cancer:

The surviving spouse and children of a deceased lady presented to my office complaining that there had been a failure to diagnose their wife and mother's colon cancer. This woman had presented to her doctor complaining of constipation and abdominal pain.

A gastrointestinal examination was performed where she drank contrast or dye and as this contrast went through her GI system, x-rays were taken. These x-rays showed that she had an apple core shaped obstruction in her colon or large bowel, which was indicative of colon cancer.

But, because the physician who ordered the test did not obtain the x-ray results and did not follow up with the patient, a diagnosis was not made. Several months following the testing her condition worsened and she returned to the physician. It was at that time that he noted the abnormal x-rays. Unfortunately by this time the cancer had spread or metastasize to her liver, which did not respond to treatment and resulted in her death. This case was settled in behalf of the surviving spouse and children.

Failure to Diagnose a Bowel Injury Following an Automobile Accident:

The surviving mother of a young girl in her early twenties (20s) presented to my office expressing concerns over loss of her daughter following an automobile accident. Collection of the medical records revealed that the young lady underwent a CT scan while in the emergency room, which did not reveal a bowel injury.

But, after being admitted to the hospital for observation her symptoms worsened and she developed signs of shock. The nurses did not timely report the patient's deterioration to the physician, and then once an update was provided to the physician, he did not timely order a repeat CT scan.

Eventually as the patient continued to deteriorate a repeat CT scan was performed, which revealed a bowel injury, which was leaking feces into the abdominal cavity. Despite the finding of the bowel injury, the physician delayed the surgical procedure until the patient reached the point that she was no longer salvageable. Based on the delayed surgical intervention, the patient died of septic shock. A settlement was made in behalf of the surviving mother.

Failure to Diagnose an Abdominal Aortic Aneurysm:

The surviving spouse of a man in his seventies (70s) presented to my office complaining that her husband died as a result of the healthcare providers failing to diagnose an abdominal aortic aneurysm which was found at autopsy. This gentleman presented to the emergency room and was admitted to the hospital with severe abdominal pains, which could not be related to any gastrointestinal complications.

No CT scan or ultrasound was performed and no diagnosis was confirmed. After being in the hospital for approximately twenty (20) hours, he cardiorespiratory arrested and did not respond to the code and died. On autopsy it was found that he had large abdominal aortic aneurysm which had ruptured, causing him to hemorrhage and internally bleed to death.

Experts testified to that given his presentation and complaints to the hospital and a failure to identify on physical examination and standard x-ray that he had any gastrointestinal problems, he should have undergone a CT scan to provide more definitive findings, which CT scan would have evidenced the abdominal aortic aneurysm. A settlement was obtained in behalf of the surviving spouse.

Failure to Diagnose Preeclampsia:

The mother and father of a stillborn baby presented to my office complaining that she had complications during her prenatal period and the physician took no actions. Upon obtaining the medical records, it was found that the pregnant mother had signs of preeclampsia or toxic shock syndrome.

This is an easy diagnosis to make in that it only requires an increase in blood pressure and protein in the urine. In addition to the two (2) above signs and symptoms, this patient also had swelling in her ankles. Despite documentation of all these three (3)signs and symptoms, the physician failed to diagnose preeclampsia, failed to provide treatment and it resulted in the death of the fetus. A settlement was made in behalf of the mother and father for the loss of their expected newborn.

Failure to Identify on an Arterial Injury During a Laparoscopic Procedure:

The father of a deceased nineteen (19th) year old presented to my office complaining that his daughter had died unexpectedly on the operating table. The medical records were collected and reviewed and they revealed that this nineteen (19) year old girl was undergoing a laparoscopic cholecystectomy (removal of her gallbladder with a scope).

Review of the anesthesia records, which document blood pressure and heart rates, showed that as soon as the trocar (operative scope) was introduced into her body, her heart rate began to rise, and then her blood pressure began to fall, which was indicative of bleeding. During the operative procedure, the anesthesiologist reported to the surgeon that she was experiencing signs of hemodynamic instability ie, increased heart rate, decreased blood pressure and a complete blood cell count was ordered.

Despite the fact that the complete blood cell count showed a decrease in Hematocrit and Hemoglobin (indicative of bleeding) the surgeon negligently diagnosed the patient with an adrenal crisis and administered steroids. Because he failed to suspect an internal injury and failed to convert the laparoscopic procedure to an open procedure, he did not diagnose the bleed and the patient bled to death due to a lack of diagnosis and lack of surgical intervention. A settlement was made in behalf of the surviving father and mother.

Other Cases:

Choking In The Nursing Home:

The surviving children of a deceased elderly lady presented to my office complaining that their mother had died in a nursing home. After collection of the medical records, it was found that this elderly nursing home patient because of complications swallowing had orders by her physicians to have constant observation during all meals so that if she began to choke appropriate action could be taken.

This nursing home patient was brought to the dining area, her meal was placed in front of her and she was left unattended. When the nursing home staff did return to check on her, she had already choked, respiratory arrested and become unconscious. The patient experienced severe and irreversible brain damage from lack of oxygen, which resulted in her death. A settlement was made in behalf of her surviving children.

Wrong Medication Administered:

The surviving spouse and children of a deceased gentleman presented to my office complaining that their husband and father had been given the wrong medication and died. After collection and review of the medical records, it revealed that the gentleman was in the intensive care unit with malignant hypotension (very high blood pressure) for which he was receiving intravenous medication.

There was another patient in the intensive care unit who was receiving paralyzing medication because that patient was on the ventilator and was resisting the support that the ventilator offered. The nurse administered the paralyzing medication to the gentleman instead of his high blood pressure medicine and when his body became paralyzed, he was no longer able to breathe.

Once unable to breathe the patient suffocated experiencing brain damage due to lack of oxygen. The severe and irreversible brain damage resulted in his death two (2) or three (3) days later. A settlement was made in behalf of the survival spouse and children.

Failure to Diagnose Intestinal Ulcer:

The surviving husband and children of a deceased lady came to my office complaining that their wife and mother had died as a result of an ulcer which the physicians had failed to diagnose. After collection of the medical records, it revealed that while the patient was in the hospital for an infection complete blood cell count tests were being run which evidenced a decreasing Hematocrit and Hemoglobin indicative of blood loss.

She had also undergone an occult stool test (test feces for blood) which showed that she had blood in her stool. This patient had also been diagnosed with Lupus and had been receiving steroids which increase a patient's risk of peptic ulcer decease. After the patient's infection had cleared up, she was discharged with no attention or diagnosis related to her loss of blood and the blood in her stool, both of which was a result of an ulcer in her small intestines.

After being at home for about a day and a half, she began to gosh blood from her rectum and began to experience hypovolemic shock or shock as a result of extreme blood loss. She was rushed to the hospital and after a diagnosis was made surgery was performed, but her life could not be saved. A settlement was made in behalf of the surviving husband and children.

Over Sedation with a Patient Controlled Pain Pump:

The surviving husband and children of a deceased lady presented to my office complaining that their wife and mother had died as a result of over sedation. They explained to me that following her hip surgery, they had been instructed by the nurses to press her pain pump every fifteen (15) minutes whether she needed it or not so that her pain would not begin and get out of control.

The family followed these instructions as provided to them by the nurses because the nurses explained to them that the amount of medication delivered and the time intervals between which the medication could be delivered were set up to where the patient could not be overdosed. But, unlike what the nurses explained, the patient was overdosed, quit breathing and experienced brain damage as a result of lack of oxygen to the brain.

Approximately two (2) days after her respiratory arrest and brain damage, she died as a result of complications related thereto. The nurses were negligent in instructing the family members to press the patient's patient controlled pain pump, because only the patient is supposed to press this pump. This case settled in favor of the surviving husband and children.

Failure to Identify a Traumatic Cervical Spinal Cord Injury:

The surviving spouse and daughter of a deceased gentleman presented to my office complaining that their husband and father had been discharged from the emergency room following a fall with obvious developing paralysis. During depositions in this case it was established that when the patient originally arrived to the emergency room he was able to stand and transfer himself onto the emergency room stretcher. After testing proved to be inconclusive and despite the ability to provide a diagnosis as to the patient's weakening use of his arms and legs he was discharged.

At the time that he was discharged from the emergency room, he was not able to dress himself or transport himself from the emergency room stretcher to the wheelchair or from the wheelchair to the vehicle used to bring him to the emergency room. The patient and his wife lived in North Louisiana and were visiting New Orleans at the time of the accident.

After the patient arrived back to North Louisiana on that same day, his wife brought him to a local hospital where an MRI of his neck was performed and showed that he had a cervical spinal injury which resulted in quadriplegia. After several weeks the patient's condition was stabilized, he was transferred to a longterm facility where he died as a result of complications related to his quadriplegia, and being ventilator dependant. A settlement was made in behalf of the surviving wife and daughter.

Contact Us

For more information or to discuss your case, contact my firm today or call us toll-free at (888) 332-0371. My office hours are from Monday to Friday, from 8:30 a.m. to 5 p.m. For your convenience, we can schedule a consultation in the hospital or your home.

Bobby R. Lormand Jr., APLC
835 Louisiana Avenue
Baton Rouge, LA 70802-5928
Telephone: (225) 910-8316 |Toll Free: (888) 332-0371 | Fax: 225-387-8126

The law office of Bobby R. Lormand Jr., APLC serves clients in the cities of Lake Charles, Lafayette, Baton Rouge, Shreveport, Alexandria, Monroe, New Orleans, and Livingston, Louisiana, as well as all of Caddo Parish, Calcasieu Parish, East Baton Rouge Parish, West Baton Rouge Parish, Ouachita Parish, Orleans Parish, Livingston Parish, Lafayette Parish and Rapides Parish, Louisiana.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.