Can I Sue My Doctor for Failure to Diagnose a Medical Condition in Illinois?

Yes, you can sue your doctor for failure to diagnose a medical condition in Illinois. Read this article to learn more about:

• Failure to diagnose medical malpractice claims
• Common ways doctors can misdiagnose patients
• What you need to prove a medical malpractice lawsuit in Illinois
• How long you have to file a lawsuit in Illinois
• What an Illinois medical malpractice law firm like Shannon Law Group, P.C. can do for you and your family

If you or someone you love suffered because a doctor failed to diagnose or misdiagnosed a condition, our compassionate medical malpractice lawyers understand what you’re going through. Our team has helped families like yours recover financially and emotionally after a serious medical mistake caused harm to their loved ones. How do we do that? By filing a lawsuit and holding the responsible parties accountable in the court of law.

We encourage you to schedule a free consultation with one of our attorneys if you’re ready. Contact us today at (312) 578-9501 or fill out the form on this page to get started. Our office is available 24/7 to take your call.

But if you’re not ready to talk just yet, that’s okay. Keep reading to learn more about failure to diagnose claims and how they work in Illinois.

What is Failure to Diagnose?

When you see your doctor, you expect them to give you the necessary medical care, so you can get better. But what do you do when your doctor makes a mistake, causing harm to you or your family member?

In Illinois, some doctors can (and do) misdiagnose or fail to diagnose patients with serious and life-threatening conditions, such as cancer or blood clots. A simple medical procedure or screening would

“Failure to diagnose” happens when a doctor or medical physician fails to connect the dots between their patient’s symptoms and an undiagnosed condition. In this situation, the doctor may fail to diagnose and treat their patient in time. As a result, the patient may suffer serious complications—and even death.

Most Common Ways Doctors Misdiagnose or Fail to Diagnose

You may be wondering, “How does a doctor even fail to diagnose a patient, or misdiagnose their patients?” Doctors make mistakes just like anyone else.  But when they make a mistake, they breach a duty of care owed to the patient, which exposes them to a medical malpractice lawsuit.

Here are the most common ways of how doctors can misdiagnose, fail to diagnose, or delay diagnosis:

• Giving an incorrect diagnosis
• Misreading or misinterpreting diagnostic tests
• Failing to screen for any medical conditions that can affect another diagnosis or treatment plan
• Delaying an appropriate diagnosis
• Failing to diagnose a related (or unrelated) disease, such as cancer
• Failing to refer a patient to another doctor or specialist for specially designed care
• Botching or misinterpreting lab results
• Failing to recognize complications that worsen a patient’s condition
• Failing to request relevant information from patients, such as medical history or symptoms
• Failing to test properly based on the patient’s symptoms

Here are the most common types of misdiagnoses given by doctors:

• Cancer
• Heart attack.
• Stroke

Can you file a lawsuit against nurses or other medical professionals for failing to diagnose you?

Typically, no. While a nurse or lab technician may have contributed to your misdiagnosis, you will probably only file your claim against the doctor in charge of your care, as they are the ones who misdiagnosed you. In rare cases, other health care providers can be sued if their negligence contributed to the patient’s harm.

What do you need to prove a failure to diagnose or misdiagnose medical malpractice lawsuit?

In an Illinois medical malpractice lawsuit, your cases must meet three specific requirements to be successful:

1. First, the plaintiff must prove that a doctor-patient relationship existed.
2. Second, the plaintiff must prove that, in failing to accurately diagnose a condition, the doctor failed to show a comparable level of skill to that of another doctor with similar training and experience would have demonstrated under those circumstances.
3. Third, the plaintiff must prove that the doctor’s medical negligence caused injury or harm to the patient. Oftentimes, proving that a doctor misdiagnosed or failed to diagnose you isn’t enough. You must prove their negligence caused you to sustain damages you would have otherwise never had.

At the end of the day, most medical malpractice cases are determined based on whether or not the plaintiff can prove that another reasonably skillful and competent doctor would have diagnosed their condition in a similar situation. In summary, the doctor was negligent, and their error would have never happened under normal circumstances.

Getting compensation for a medical malpractice claim in Illinois

Once negligence has been proven, the plaintiff will then have to demonstrate that the doctor’s negligence caused significant harm and damages.

Under Illinois law, victims of medical malpractice are entitled to compensation for any expenses and losses incurred as a result of the doctor’s mistake. These expenses include:

• Past and future lost wages
• Out-of-pocket medical expenses
• Past and future medical bills

Plaintiffs are also entitled to special damages called “non-economic” like pain and suffering. These damages are intended to compensate the plaintiff for losses that are harder to quantify. There is no cap on the amount of non-economic damages a plaintiff can recover in Illinois.

How long do I have to file a medical malpractice case for misdiagnosis in Illinois?

Generally, you have two (2) years from the date of your injury to file a medical negligence lawsuit in Illinois. Minors have (2) years from when they turn eighteen to pursue a claim.

What can an Illinois medical malpractice lawyer do for you?

Medical malpractice cases are very regulated and highly complex. It’s not something we recommend you handle on your own.

Instead, turn to an experienced Illinois medical malpractice lawyer you trust. When you hire an attorney, you delegate the stress of managing the lawsuit to them. They fight on your behalf against the defendants and their army of lawyers in return.

Most law firms like Shannon Law Group work on a contingency fee basis. That means your attorney won’t get paid until the very end of the case when they come through for you.

Before you hire a lawyer, make sure you’re comfortable with them. Medical malpractice lawsuits can last years before they resolve. So be sure you’re hiring the best attorney for the job.

During the lawsuit, your lawyer will guide you through the process and keep you up to date on the status of your case. When the time comes, your lawyer will negotiate with the other party if the offer is fair. If the other side is unwilling to offer a fair amount to resolve your case, your attorney should be prepared to try your case in front of a jury.

At Shannon Law Group, we’re always ready to try our clients’ medical malpractice cases in front of an Illinois jury. Sometimes, that’s the only way to get our clients the compensation they need to live comfortably for the rest of their lives.

Did Your Doctor Fail to Diagnose You? Contact Us Today for a Free Medical Malpractice Lawsuit Consultation

Our attorneys at Shannon Law Group, P.C., are here to help you navigate this difficult time. Contact us today for a free medical malpractice consultation at (312) 578-9501. You can also fill out the form at the bottom of this page to get started. We typically respond within 1 business day. During your consultation, you’ll sit down 1-on-1 with one of our lawyers to discuss what your legal options are for you and your family.