Can You Sue A Doctor For Failure To Diagnose? 

Yes, you can sue a doctor for failing to diagnose a medical condition, if that negligence caused harm.

To have a valid medical malpractice claim for failure to diagnose, you must prove that the doctor had a duty of care, failed to meet the standard of care by not diagnosing a condition that a competent doctor would have recognized, and that this failure directly led to injury, worsening health, or additional medical costs. 

If these elements are met, a medical malpractice attorney may help you recover damages through a medical misdiagnosis lawsuit.

Our Failure to Diagnose Lawsuit Team: Let Us Help You

If you think you have a legal claim based on a doctor’s failure to diagnose and that case occurred in the Chicago area, look no further.

Our team of Chicago failure to diagnose lawyers specialize in medical malpractice with extensive experience representing clients in cases involving failure to diagnose. 

We have successfully helped patients sue doctors for failure to diagnose when they’ve suffered harm due to medical negligence, securing compensation for medical expenses, lost wages, and pain and suffering. 

We’ve handled cases that involved settlements of $1,000,000+ for failure to diagnose and similar instances of individuals suing doctors for not diagnosing their health conditions properly, resulting in unnecessary pain and suffering. 

Contact the Chicago Medical Malpractice Lawyers for a free case review today.

Common Medical Conditions or Diagnostic Errors Doctors Fail to Diagnose

While a failure to diagnose any health problem can result in pain and suffering, certain conditions are more challenging.

Some conditions that doctors are more likely to fail to diagnose include cancer, aneurysms, heart attacks, strokes, and other issues that can lead to severe harm or even death (wrongful death lawsuit).

Failure to diagnose or a even a wrong diagnosis of a serious health condition(s) in a timely manner can allow the disease to progress, reducing treatment options and worsening the prognosis.

How Could a Doctor Fail to Diagnose Cancer?

A doctor could fail to diagnose cancer by dismissing early symptoms as minor or attributing them to a less serious condition, leading to delayed diagnosis or testing. 

They might also misinterpret diagnostic tests such as routine cancer screening tests, reading a biopsy or imaging scan incorrectly, or fail to order necessary follow-up tests after an abnormal result. 

In some cases, poor communication between negligent health care providers can result in critical information being overlooked. 

How Could a Doctor Fail to Diagnose an Aneurysm?

A doctor could fail to diagnose an aneurysm by mistaking a patient’s symptoms like headaches, dizziness, or blurred vision for more common conditions such as migraines or stress. 

In addition, they might also neglect to order imaging tests like an MRI or CT scan, which are essential for detecting aneurysms, especially if the symptoms are vague or intermittent. 

If imaging tests are ordered, a misinterpretation of the results or failure to follow up on warning signs can lead to a missed diagnosis. 

Without a timely diagnosis, an undiagnosed aneurysm can rupture, causing severe complications or even death.

How Could a Doctor Fail to Diagnose a Heart Attack?

It’s possible that a doctor or medical professionals could fail to diagnose a heart attack by attributing symptoms like chest pain, shortness of breath, or nausea to less serious conditions such as acid reflux, anxiety, or muscle strain. 

They might also misinterpret an electrocardiogram (ECG) or fail to order crucial tests like bloodwork to check for cardiac enzymes. 

In some instances, a patient with atypical symptoms—such as women, elderly individuals, or diabetics—may be sent home without proper evaluation. 

How Could a Doctor Fail to Diagnose a Stroke?

Some ways that a doctor could fail to diagnose a stroke include mistaking symptoms like dizziness, confusion, or numbness for less serious conditions such as migraines, dehydration, or anxiety. 

Imaging tests like a CT scan or MRI are essential for confirming a stroke.

If a doctor neglects to order these tests, they could also fail to diagnose a stroke. 

A delay in recognizing symptoms—especially in younger patients or those without obvious risk factors—can also lead to a missed or incorrect diagnosis. 

How Could a Doctor Fail to Diagnose a Blood Clot(s)?

Blood clots can be missed when a healthcare provider misinterprets symptoms like leg pain, swelling, or chest discomfort as minor issues such as muscle strain or anxiety. 

A doctor might also overlook key risk factors, such as recent surgery, prolonged immobility, or a family or the patient’s history of clotting disorders, leading them to dismiss the possibility of a clot. 

Additionally, a medical malpractice failure to order necessary tests like a D-dimer blood test, ultrasound, or CT scan can result in a failure to diagnose a blood clot.

How Could a Doctor Fail to Diagnose a Pulmonary Embolism?

A doctor could fail to diagnose a pulmonary embolism by mistaking symptoms such as shortness of breath, chest pain, or dizziness for conditions like anxiety, pneumonia, or a heart attack. 

Risk factors like recent surgery, prolonged immobility, or a history of blood clots could also be overlooked, leading to a missed or delayed diagnosis of a pulmonary embolism. 

Additionally, failing to order critical tests such as a D-dimer blood test, CT pulmonary angiography, or a ventilation-perfusion (V/Q) scan can prevent proper detection. 

How Could A Doctor Fail to Diagnose an Infection(s)?

A healthcare professional could fail to diagnose an infection by attributing symptoms like fever, fatigue, or pain to a mild illness or non-infectious condition.

It’s also possible that a doctor may miss key signs of infection in patients with weakened immune systems or atypical symptoms. 

Failure to order appropriate lab tests, such as blood cultures or imaging studies, can result in a missed or incorrect diagnosis. 

Without timely treatment, an undiagnosed infection can worsen, leading to severe but otherwise avoidable complications like sepsis or organ damage.

How Often Do Doctors Fail to Diagnose a Health Condition?

Failures to diagnose are relatively common in medical practice and are considered a significant patient safety issue. 

A National Library of Medicine study that is often cited reports that diagnostic errors occur in 10-15% of medical cases, with some research suggesting that they contribute to up to 17% of preventable adverse events in hospitals, according to a Harvard Medical School study reported on by National Institute of Health.

Certain conditions, such as cancer, lung cancer, breast cancer, infections, and heart disease, are more frequently misdiagnosed.

These medical or diagnostic errors can result from cognitive mistakes, communication failures, inadequate testing, or system-related issues.

What Should You Do If You Think Your Doctor Has Failed to Diagnose?

If you think a doctor or other healthcare provider failed to diagnose your health condition, seek any necessary medical care first and foremost (if your condition is critical).

Then, seek a second medical opinion to confirm the failure to diagnose and receive appropriate treatment. 

Next, document all medical records, test results, and communications with your doctor, as these will be crucial if you pursue legal action.

This step should coincide with consulting a medical malpractice attorney who can evaluate whether the doctor’s failure to diagnose meets the legal criteria for negligence. 

If there is a valid case, your attorney may file a lawsuit seeking compensation for damages such as medical expenses, lost wages, and pain and suffering.

Throughout the process, expert medical witnesses may be required to testify on the standard of care and how the failure to diagnose caused harm.

How Do You Prove Failure to Diagnose?

To prove a failure to diagnose in a medical malpractice case, you generally need to establish the following 4 elements.

In addition, medical expert testimony is often required to prove that a reasonably skilled doctor would have diagnosed the condition correctly under the same circumstances.

• A Doctor-Patient Relationship. You must show that a formal medical relationship existed, meaning the doctor had a duty of care toward you.
• Breach of Standard of Care. You need to prove that the doctor failed to act as a competent physician would under similar circumstances, such as by ignoring symptoms or failing to order necessary tests.
• Causation. It must be demonstrated that the doctor’s failure to diagnose directly led to harm, such as a worsening condition, delayed treatment, or additional medical complications.
• Damages. You must show that the failure resulted in measurable harm, including physical suffering, additional medical costs, lost wages, or reduced quality of life.

Frequently Asked Questions and Answers: Suing a Doctor for Failure to Diagnose with a Diagnose Medical Malpractice Lawsuit

What is considered a doctor’s failure?

A failure to diagnose occurs when a healthcare provider does not identify a medical condition in a timely and accurate manner, leading to delayed treatment or incorrect care. This can result from missed symptoms, inadequate testing, or misinterpretation of medical data, potentially causing harm to the patient.

Is failure to diagnose considered to be malpractice? 

Yes, failure to diagnose can be considered medical malpractice if it results from a healthcare provider’s negligence and causes harm to medical malpractice victims. To prove malpractice, the patient and their attorney must show that the provider failed to meet the standard of care that a competent professional would have provided under similar circumstances. If the missed diagnosis leads to worsened health outcomes that could have been prevented with proper medical attention, compensation may be warranted.

What are the consequences of a doctor failing to diagnose a health condition?

 The consequences of a doctor failing to diagnose a health condition can include delayed treatment, worsening illness, preventable complications, higher medical costs, permanent disability, or even death.

How does a failure to diagnose lawsuit work?

A failure to diagnose lawsuit begins when a patient (plaintiff) files a medical malpractice claim against the doctor or healthcare provider (defendant), alleging negligence in missing a correct diagnosis. The plaintiff must prove that the doctor failed to meet the standard of care, that this failure directly caused harm, and that damages resulted, such as worsened health or financial loss. 

Both sides typically present medical expert testimony to establish what a competent doctor would have done under similar circumstances.

If the case is not settled out of court, it proceeds to trial, where a judge or jury determines whether malpractice occurred and what compensation, if any, the patient is entitled to receive.

Is there a statute of limitations for failure to diagnose claims?

​In Illinois law, the statute of limitations for filing a failure to diagnose or any kind of  diagnose medical malpractice lawsuit, including cases involving failure to diagnose, is generally 2 years from the date you knew or reasonably should have known about the injury.

For minors, the law provides more time: a lawsuit can be filed up to eight years from the date of the alleged malpractice, but no later than the minor’s 22nd birthday.

It’s important to note that certain exceptions, such as cases involving fraudulent concealment by the healthcare provider, may extend these time limits.

Given the complexities and potential exceptions in medical malpractice cases, it’s advisable to consult with an experienced diagnose attorneys promptly to ensure compliance with all applicable deadlines.

What damages can I recover in a lawsuit for failure to diagnose? How much compensation can I receive in a failure to diagnose settlement?

In a failure to diagnose lawsuit, you may recover damages for medical expenses, including past and future treatment costs, lost wages, and pain and suffering due to worsened health. In severe cases, compensation may also cover loss of quality of life, permanent disability, and even wrongful death damages for surviving family members. 

Settlement amounts vary widely, ranging from tens of thousands to millions of dollars, depending on factors like the severity of harm, medical costs, and whether negligence is clearly proven

What if my loved one or family member passes away due to a failure to diagnose? Do I still have a malpractice claim?

Yes, if a loved one passes away due to a failure to diagnose, you may have a wrongful death medical malpractice claim against the responsible healthcare provider. In such cases, the deceased’s family can seek compensation for medical expenses, funeral costs, lost financial support, and emotional suffering caused by the negligent misdiagnosis.

Find Out If You Can Sue A Doctor for Failure to Diagnose (Diagnose Case) In Chicago, Illinois

Do you think you have a lawsuit claim based on a failure to diagnose that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced Chicago Medical Malpractice Lawyers for a free consultation today.