Chicago Failure To Diagnose Lawyer

Have You Suffered Harm Due To A Failure To Diagnose?

When a doctor fails to accurately diagnose a medical condition, that failure deprives the patient of an opportunity to receive the necessary treatment in a timely fashion.

This helps to relieve symptoms, heal the condition, or prevent the illness from escalating further. 

For some patients, the results are tragic. 

According to research published in a leading medical journal, diagnostic errors affect about 5% of adults in the United States every year, with approximately half of these errors leading to serious harm. 

A missed or delayed diagnosis took place in 23% of intensive care patients according to a study published by the Journal of the American Medical Association, with 17% of these errors causing temporary or permanent harm to patients.

If you think you or a loved one have suffered from a healthcare professional’s failure to diagnose your or a loved one’s health conditions in a timely fashion, working with an experienced Chicago medical attorney can help you recover substantial compensation from negligent providers.

How Common Is Failure To Diagnose?

Failure to diagnose medical conditions accurately is unfortunately not uncommon in the healthcare system.

Studies and reports have indicated that diagnostic errors contribute significantly to patient harm and medical malpractice claims.

Missed diagnoses are unfortunately common.

A report by the Institute of Medicine suggests that most people will experience at least one diagnostic error in their lifetime, some of which may have serious consequences.

Our Experience With Failure-To-Diagnose Lawsuits

We’re a Chicago-based law firm specializing in medical malpractice with extensive experience representing clients in cases involving failure to diagnose. 

Our award winning attorneys at Chicago Medical Malpractice Lawyers have successfully litigated numerous cases where patients suffered harm due to a physician’s or medical professional’s failure to diagnose, securing compensation for medical expenses, lost wages, and pain and suffering. 

Our expertise in this area often involves collaborating with other medical professionals to uncover negligence and advocate for their clients’ rights. 

We focus on clients in Chicago, Illinois, and the surrounding areas, and we’ll also provide you a free case evaluation to you or your loved ones.

Some examples of our medical malpractice lawsuit cases we’ve handled include settlements of $1.25 million for an undisclosed negligent failure.

What Is Considered A Failure To Diagnose?

Legally, a failure to diagnose occurs when a healthcare provider fails to accurately identify a medical condition in a timely manner, leading to harm or severe injuries to the patient. 

This failure can constitute a medical malpractice case if it is determined that the healthcare provider did not meet the standard of care expected in similar circumstances.

Several elements must typically be established to prove a failure to diagnose in a legal context:

• Duty of Care. The doctor or healthcare provider owed a duty of care to the patient. This duty arises from the provider-patient relationship, where the healthcare professional is expected to provide competent and appropriate medical care.

• Breach of Duty. The physician or healthcare provider breached the duty of care by failing to accurately diagnose the patient’s condition. This breach could involve errors in medical judgment, misinterpretation of symptoms, failure to order tests or follow-up appointments, or failure to recognize red flags indicating a serious medical condition.

• Causation. The failure to diagnose directly caused harm or serious injury to the patient. It must be demonstrated that the patient suffered harm that would not have occurred if the condition had been diagnosed correctly and in a timely manner.

• Damages. The patient suffered personal injury & measurable damages as a result of the failure to diagnose. These damages can include physical pain and suffering, emotional distress, medical expenses, medical bills, lost wages, and other losses.

Proving medical malpractice related to a failure to diagnose can be complex and typically requires expert testimony from other healthcare professionals in the same field to establish the standard of care and whether it was breached.

Medical records, diagnostic tests, and other evidence may also be critical in demonstrating negligence.

It’s important to note that not every failure to diagnose constitutes medical malpractice.

Healthcare providers are not expected to be infallible, and some medical conditions are inherently difficult to diagnose.

Additionally, not all diagnostic errors result in harm or injury to the patient. Each case is evaluated based on its unique circumstances and the applicable legal standards.

Health Conditions That Are Often Undiagnosed

Properly detecting and diagnosing certain health conditions is a complex process, and some health conditions are more challenging than others. 

For instance, conditions such as autoimmune disorders, certain types of cancer, and mental health disorders are often undiagnosed due to their varied and important symptoms, leading to potential delays in treatment and management.

Acute conditions like appendicitis are also missed or not properly diagnosed, and in these cases the results can be tragic. 

Mental Health Conditions Or Disorders 

Mental health conditions or disorders are sometimes not diagnosed due to stigma surrounding mental illness as well as the subjective nature of symptoms. 

The symptoms of many mental health disorders can be misunderstood or overlooked by patients and healthcare providers alike, leading to underrecognition and undertreatment.

In fact, over 40% of people in mental health care are likely to be incorrectly diagnosed, often with conditions like ADHD, autism, or bipolar disorder when they are actually suffering from less common disorders. 

Children’s Health Conditions

Many health conditions may go undiagnosed in children due to their limited ability to communicate symptoms effectively, leading to difficulties in identifying underlying issues. 

Additionally, some conditions in children may present with subtle or nonspecific symptoms that can be easily dismissed or mistaken for normal childhood behavior, even by healthcare professionals. 

For instance, ADHD is often misreported in children, but hyperactivity and other ADHD symptoms could be a sign of obsessive-compulsive disorder, post-traumatic stress disorder, learning disorders, autism, anxiety, depression, or even hypothyroidism.  

Healthcare professionals also fail to diagnose more urgent life-threatening conditions like sepsis, cancer, meningitis, or cardiac conditions, because these conditions do not present in the same way in children as they do in adults.

This can lead to delays in diagnosis or failures to diagnose that hinder early intervention and treatment.

Bleeding Disorders

Bleeding disorders may go undiagnosed due to their diverse and sometimes subtle symptoms, which can mimic other common health issues or be mistaken for normal variations in bleeding patterns. 

Furthermore, healthcare providers may not always consider bleeding disorders as a potential cause, leading to missed opportunities for proper evaluation and diagnosis. 

Autoimmune Disorders

Autoimmune disorders can be challenging to diagnose due to their wide array of symptoms, which can vary widely among individuals and mimic other conditions.

Moreover, autoimmune diseases often have periods of remission and flare-ups, making it difficult to pinpoint consistent patterns for diagnosis. 

The misinterpretation of symptoms, delayed referrals to specialists, and the complexity of autoimmune testing can all contribute to underdiagnosis or misdiagnosis of these conditions. 

Heart Disease

Heart disease may be underdiagnosed due to the diverse range of symptoms involved, many of which can be mistaken for other less serious conditions or attributed to aging. 

Additionally, individuals may delay seeking medical attention for symptoms such as chest pain, shortness of breath, or fatigue, leading to missed opportunities for early diagnosis and intervention for cardiac events like aortic dissections and heart attacks.

Pulmonary Embolisms 

Failure to diagnose pulmonary embolisms — potentially fatal blood clots in the lungs — can lead to severe complications or death; accordingly, this may result in medical malpractice lawsuits.

Failure to Diagnose Cancer

A doctor may fail to diagnose cancer due to various reasons that could constitute medical malpractice. 

These may include inadequate training or knowledge, misinterpretation of test results, negligence in ordering necessary tests or follow-ups, or failure to recognize symptoms suggestive of cancer such as considering a tumor to be benign when it is actually malignant. 

According to a study published by the National Library of Medicine, the failure to diagnose or missed diagnosis of cancer represented 46% of cases of primary care diagnostic errors, most commonly from lung, colorectal, prostate, or breast cancer. 

Melanoma, bladder cancer, oral cancer, prostate cancer, liver cancer, kidney cancer, leukemia, lung cancer, pancreatic cancer, Non-Hodgkin’s lymphoma, skin cancer, thyroid cancer, and uterine cancer are also commonly missed during the initial diagnosis. 

As per the aforementioned study, the majority of these cases or 76% involved errors in clinical judgment, such as a failure or delay in ordering a diagnostic test.

In addition, 51% involved a failure or delay in obtaining a consult or 37% involved a delay in making a referral. 

Diabetes

Failure to diagnose diabetes can lead to serious complications such as organ damage and even death due to uncontrolled blood sugar levels.

Untreated diabetes can result in long-term health issues, including cardiovascular disease, nerve damage, and kidney failure. 

Birth Injury & Pregnancy Complications

Pregnancy makes any health condition more serious, and there are many conditions that put the health of both the mother and child at risk. 

Failure to diagnose problems like preeclampsia, gestational diabetes, Rh disease, missed miscarriage, and placenta and umbilical cord complications may become much more serious or life-threatening to the mother and child when missed early.

Fetal distress may be also be missed in the early stages with disastrous consequences. 

Why Do Doctors Make Diagnostic Errors And Failure To Diagnose?

Diagnostic errors and failures to diagnose can arise from various factors inherent in the complex practice of medicine. 

Often, physicians may fail to accurately diagnose a condition due to the inherent uncertainty and variability in symptoms and presentations of diseases.

Patients often present with symptoms that may be vague, nonspecific, or overlap with multiple conditions, making accurate diagnosis challenging. 

Some conditions have atypical or subtle manifestations, further complicating the diagnostic process.

In such cases, healthcare providers may rely on their clinical judgment, which can be influenced by biases, heuristics, or limited experience with rare conditions, leading to errors in diagnosis or failure to diagnose.

Rushed Diagnoses

Time constraints and workload pressures can contribute to diagnostic errors. In busy clinical settings, healthcare providers may face competing demands, limited appointment times, and high patient volumes, leaving little time for thorough evaluation and consideration of differential diagnoses. 

This can result in rushed assessments, incomplete history-taking, or reliance on quick, but potentially flawed, diagnostic shortcuts.

If an examination is not properly conducted, a failure-to-diagnose may result.

Moreover, healthcare systems with inadequate resources or access to diagnostic tools may further impede the diagnostic process, delaying or preventing accurate identification of underlying conditions.

Communication Failures

Communication breakdowns among healthcare providers, patients, and across different healthcare settings can also contribute to diagnostic errors.

For instance, a doctor ignoring or failing to act on a patient’s complaints, neglecting to order the proper tests, or referring the patient to the proper specialists may result in a failure to diagnose. 

Incomplete or inaccurate information transfer during handoffs, referrals, or consultations may lead to missed opportunities for critical follow-up or appropriate diagnostic testing. 

Similarly, patient-related factors such as limited health literacy, language barriers, or reluctance to disclose sensitive information can hinder effective communication and impede the diagnostic process. 

Failure To Follow Up

While the onus of following up and acting on medical professional advice does sometimes fall on the patient, a healthcare provider’s failure to perform regular screenings for known or previously indicated conditions, provide complete or proper follow-up care, diagnostic error, or misrecognition of important patterns can also result in a failure to diagnose. 

Cognitive Bias

Cognitive biases can significantly contribute to failures to diagnose by distorting the way healthcare providers perceive and interpret clinical information.

Understanding and addressing cognitive biases are crucial steps in improving diagnostic accuracy.

Several types of cognitive biases can impact the diagnostic process and contribute to failures to diagnose.

Here are some common examples:

Relying too heavily on initial information (the “anchor”) when making decisions, even if subsequent information contradicts it, is referred to as an anchoring bias.

In the context of diagnosis, anchoring bias may lead healthcare providers to fixate on a particular diagnosis early in the evaluation process and fail to consider alternative explanations adequately.

Confirmation bias involves seeking out or interpreting information in a way that confirms preexisting beliefs or hypotheses while disregarding evidence that contradicts them.

In diagnosis, confirmation bias can lead healthcare providers to selectively interpret symptoms or diagnostic test results in a manner that supports their initial impressions, potentially leading to errors if alternative explanations are not considered.

When individuals base their judgments on information that is readily available or easily recalled, rather than considering the full range of relevant information, it is described as having an availability bias.

In diagnosis, availability bias may lead healthcare providers to overemphasize common conditions or recent cases they have encountered, potentially overlooking rare but significant diagnoses.

Overconfidence bias involves an individual’s tendency to overestimate their own abilities or the accuracy of their judgments.

In diagnosis, overconfidence bias may lead healthcare providers to underestimate the complexity of a case, leading to errors in diagnosis or inappropriate treatment decisions.

Base rate neglect occurs when individuals ignore statistical information about the likelihood of a particular event or condition when making judgments or decisions.

In diagnosis, base rate neglect may lead healthcare providers to overlook the prevalence of certain conditions in specific populations, potentially resulting in misdiagnosis or underdiagnosis.

Personal Bias

Personal biases can significantly influence the diagnostic process and contribute to failures to diagnose.

Healthcare providers, like all individuals, may hold unconscious biases that can affect their clinical judgment and decision-making. 

Stereotyping bias is one type of personal bias that can lead to failure to diagnose.

It involves making assumptions about individuals or groups based on perceived characteristics or stereotypes, rather than considering individual variability.

In diagnosis, stereotyping bias may lead healthcare providers to attribute symptoms to demographic or social factors rather than considering underlying medical conditions.

Gender Stereotypes Or Bias 

Gender stereotypes can lead to failures to diagnose by influencing healthcare providers’ perceptions of symptoms and their likelihood of certain conditions based on the patient’s gender. 

In fact, according to a study published in BMJ Quality & Safety, women and racial and ethnic minorities are 20% to 30% more likely than white men to experience a misdiagnosis.

For example, symptoms that are traditionally associated with one gender may be dismissed or overlooked in patients of the opposite gender, leading to delays in diagnosis or misdiagnosis. 

Additionally, gender biases can affect the level of attention and seriousness with which healthcare providers approach certain complaints, potentially resulting in underestimation of the severity of a patient’s condition. 

Racial Or Ethnic Stereotypes Or Bias

Racial or ethnic stereotypes can contribute to failures to diagnose by influencing healthcare providers’ interpretations of symptoms and diagnostic decisions. 

Implicit biases may lead providers to attribute symptoms to race-based factors rather than considering underlying medical conditions, potentially resulting in delayed or missed diagnoses. 

Unfortunately, stereotypes about pain tolerance or health behaviors may lead to disparities in the level of care provided to patients from different racial or ethnic backgrounds, impacting the accuracy and timeliness of diagnoses.

Mental Health Diagnoses In Women And Children 

Mental health conditions are not correctly diagnosed in women and children, particularly women and children of color, due to a combination of systemic barriers and cultural factors. 

There may be a lack of culturally competent mental health services and providers who understand the unique experiences and manifestations of mental illness in diverse populations. 

Furthermore, stigma surrounding mental health within many ethnic communities may discourage individuals from seeking help or disclosing symptoms, further complicating the diagnostic process. 

Racial biases or ethnic biases within healthcare systems may result in underrecognition of mental health concerns in minority populations, leading to disparities in access to timely diagnosis and treatment.

Pain Management Or Pain Perceptions

Pain management or perceptions of pain can contribute to failures to diagnose by influencing how patients present their symptoms and how healthcare providers interpret and respond to them. 

Some patients may under report or downplay their pain due to various factors such as fear of judgment, cultural beliefs, or previous negative experiences with healthcare providers.

Conversely, some patients may exaggerate or amplify their pain in an attempt to seek relief or validation. 

Healthcare providers’ perceptions of pain may also be influenced by biases, such as stereotypes about pain tolerance based on factors like gender, race, or socioeconomic status.

These dynamics can lead to misinterpretation of symptoms, delays in diagnosis, and inadequate pain management, particularly in conditions where pain is a primary or significant symptom.

Healthcare Provider Inexperience

Healthcare provider inexperience can contribute to failures to diagnose by limiting their familiarity with a wide range of medical conditions, symptoms, and diagnostic strategies.

Less experienced providers may have limited exposure to rare or complex presentations of diseases, leading to challenges in recognizing atypical symptoms or making accurate differential diagnoses. 

Additionally, inexperienced providers may be less adept at synthesizing clinical information, conducting thorough evaluations, or ordering appropriate diagnostic tests, potentially leading to oversight of critical clues or delays in diagnosis. 

The Effects Of Failure To Diagnose

The effects of failure to diagnose can have significant consequences for patients, including but not limited to:

• Delayed Treatment. Failure to diagnose can lead to delays in initiating appropriate treatment, allowing the underlying condition to progress unchecked. This can result in worsening symptoms, disease complications, and poorer treatment outcomes.

• Increased Morbidity and Mortality. Without timely intervention, undiagnosed medical conditions may lead to increased morbidity (illness) and mortality (death). Serious conditions such as cancer, infections, or cardiovascular diseases may become more advanced and difficult to treat if not diagnosed promptly.

• Reduced Quality of Life. Untreated or inadequately managed health conditions can significantly impact a patient’s quality of life, causing physical discomfort, psychological distress, and limitations in daily activities. Chronic conditions that go undiagnosed can lead to long-term disability and impairment.

• Financial Burden. Failure to diagnose may result in unnecessary healthcare expenses, including additional diagnostic tests, treatments, hospitalizations, and potential complications. Patients may also incur indirect costs such as loss of income due to illness-related disability or decreased productivity.

• Psychological Impact. The uncertainty and stress of undiagnosed symptoms can take a toll on a patient’s mental well-being, leading to anxiety, depression, or feelings of helplessness. Patients may also experience frustration, anger, or mistrust towards healthcare providers if their concerns are not taken seriously or if they feel their condition has been overlooked.

• Legal Consequences. In cases where failure to diagnose constitutes medical malpractice, patients may pursue legal action against healthcare providers or institutions responsible for their care. Legal proceedings can further exacerbate emotional distress and financial strain for both patients and providers.

Failure to diagnose can have far-reaching implications for patients’ health, well-being, and livelihoods.

Early recognition and timely intervention are crucial for preventing or mitigating the adverse effects associated with undiagnosed medical conditions.

What Steps Should I Take After A Doctor Failed To Diagnose A Medical Condition?

If you believe you’ve experienced harm due to a doctor’s failure to diagnose a medical condition and you’re considering legal action, there are some steps you may want to take in addition to consulting an experienced malpractice attorney in your area.

• Gather Documentation. Collect all relevant medical records, including test results, diagnostic imaging reports, and notes from appointments with the healthcare provider in question. These documents will be essential for evaluating the circumstances surrounding the failure to diagnose.

• Consult with Another Healthcare Provider. Seek a second opinion from another healthcare provider to assess your current condition and determine whether there was indeed a failure to diagnose. This can provide valuable insight into the standard of care and whether negligence may have occurred.

• Research Medical Malpractice Laws. Familiarize yourself with the personal injury laws in your jurisdiction to understand your rights and the legal requirements for proving a malpractice claim. You may want to consult with a lawyer who specializes in medical malpractice to evaluate the strength of your case.

• Document Your Experience. Keep a detailed record of your symptoms, the dates of appointments, and any interactions with healthcare providers related to the failure to diagnose. Documenting your experiences can help support your case and provide a timeline of events.

• Consider Alternative Dispute Resolution. Before pursuing litigation, you may explore alternative dispute resolution options such as mediation or arbitration to resolve the issue outside of court. These methods can be less adversarial and time-consuming than traditional litigation; that said, you should still seek the guidance of an attorney before pursuing either mediation or other legal action. 

• Consult with a Medical Malpractice Attorney. If you decide to pursue legal action, consult with a qualified medical malpractice attorney who can review your case, provide legal advice, and guide you through the process. An experienced attorney can help you navigate the complexities of medical malpractice litigation and advocate for your rights.

• File a Complaint. Depending on your jurisdiction, you may need to file a formal complaint with the appropriate medical licensing board or regulatory agency to initiate an investigation into the healthcare provider’s actions.

Remember that medical malpractice cases can be complex and challenging to prove, requiring expert testimony and extensive documentation.

If you think you have a potential lawsuit in Cook County or the surrounding Illinois counties, it’s essential to seek guidance from attorneys who are familiar with failure-to-diagnose cases in your jurisdiction to assess the merits of your case and determine the best course of action.

Is Failure To Diagnose Considered for Medical Malpractice Cases?

Failure to diagnose can be considered medical malpractice if it can be shown that the healthcare provider breached the standard of care expected in similar circumstances, leading to harm or injury to the patient. 

To establish medical malpractice, it must be demonstrated that the failure to diagnose directly caused harm that would not have occurred if the condition had been diagnosed correctly and in a timely manner.

What Types Of Failure To Diagnose Claims Are There?

Failure to diagnose claims can encompass various scenarios, including misdiagnosis, delayed diagnosis, or failure to recognize the severity of a patient’s condition. 

A misdiagnosis case occurs when a healthcare provider incorrectly identifies a patient’s condition, leading to inappropriate treatment or lack thereof. 

Delayed diagnosis occurs when there is a significant delay in diagnosing a condition, resulting in harm or injury due to the progression of the disease. 

Finally, the failure to recognize the severity of a patient’s condition can lead to inadequate treatment or failure to provide timely intervention, contributing to adverse outcomes.

How Do I Know if I Have A Failure-To-Diagnose Medical Malpractice Claim?

To determine if you have a failure-to-diagnose case for medical malpractice, consider if  your healthcare provider failed to accurately diagnose your condition, leading to harm or injury. 

Evaluate if the provider’s actions deviated from the standard of care expected in similar circumstances, such as missed symptoms, delays in diagnosis, or misinterpretation of test results. 

Consult with a qualified medical malpractice attorney who can assess the merits of your case, review relevant medical records, and advise you on the feasibility of pursuing legal action.

If I Die Due To A Failure To Diagnose, Can My Family Make A Claim?

Yes, if you pass away due to a failure to diagnose, then your surviving family members may be able to make a claim for wrongful death or medical malpractice, depending on the circumstances. 

Consulting with a qualified attorney experienced in medical malpractice law can help determine the eligibility and potential grounds for such a claim.

How Long Does One Have To File A Failure-To-Diagnose Lawsuit? 

The statute of limitations for filing a failure-to-diagnose lawsuit varies by jurisdiction, but it typically ranges from one to six years from the date of the alleged malpractice or from when the patient should have reasonably discovered the injury. 

It’s crucial to consult with a medical malpractice attorney promptly to ensure compliance with the applicable statute of limitations and preserve your right to pursue legal action.

Is There A Statute Of Limitations On Failure-To-Diagnose Lawsuits?

In Illinois, including the Chicago area, the statute of limitations for medical malpractice lawsuits is generally 2 years from the date of the alleged act or omission that led to the injury or within 2 years from the date the injury was discovered or should have been discovered through reasonable diligence, but in no event more than 4 years from the date of the alleged act or omission. 

However, there are exceptions and variations, so it’s crucial to consult with a qualified attorney who is familiar with Illinois law to understand how the statute of limitations applies to your specific case.

What Damages Are Available In Failure To Diagnose Cases?

In failure-to-diagnose cases, various damages may be available, including compensation for medical expenses, lost wages, pain and suffering, loss of consortium, and punitive damages in cases of extreme negligence or intentional misconduct. 

The specific damages awarded depend on the circumstances of the case and the extent of harm suffered by the patient.

How Long Does It Take To Receive Compensation For A Failure-To-Diagnose Claim?

The time it takes to receive compensation for a failure-to-diagnose claim can vary widely depending on factors such as the complexity of the case, the legal process, negotiations with insurance companies, and any appeals.

In some cases, settlements may be reached relatively quickly, while others may require prolonged litigation, potentially spanning several months to several years.

Definitions And Background Information On Failure To Diagnose Lawsuits

• What is a medical failure to diagnose?A medical failure to diagnose refers to a situation where a healthcare provider fails to accurately identify a patient’s medical condition in a timely manner, leading to harm or injury. This failure can occur due to various reasons, such as misinterpretation of symptoms, errors in diagnostic testing, or inadequate follow-up. Failure to diagnose can encompass scenarios where a condition is completely missed, misdiagnosed or given a wrong diagnosis, or diagnosed later than it should have been, resulting in adverse outcomes for the patient. 

• How long do you have to sue for a failure to diagnose?The statute of limitations for filing a lawsuit for failure to diagnose varies by jurisdiction and can range from one to several years from the date the patient discovered or reasonably should have discovered the injury. If you think you have a case to sue for failure to diagnose, it is essential to consult with a medical malpractice attorney promptly to ensure compliance with the applicable statute of limitations and preserve your right to pursue legal action.

• Can you sue a doctor for failure to diagnose?

  Yes, you can sue a doctor for failure to diagnose if their actions or lack thereof deviate from the standard of care expected in similar circumstances, leading to harm or injury. Failure to diagnose may constitute medical malpractice, and patients who have suffered harm as a result may be entitled to pursue legal action.

• Can you sue a hospital for a failure to diagnose?

  Yes, you can sue a hospital for a failure to diagnose if the hospital or its staff, including doctors, nurses, or other healthcare professionals, failed to provide the appropriate standard of care, resulting in harm or injury to the patient. Hospitals can be held liable for medical malpractice if they are found to have been negligent in their duty to diagnose and treat patients appropriately.?

• Can you sue an urgent care clinic for a failure to diagnose?Yes, you can sue an urgent care clinic for failure to diagnose if it can be shown that the clinic or its healthcare providers deviated from the standard of care expected in similar circumstances, leading to harm or injury to the patient. Urgent care clinics, like other healthcare facilities, have a duty to provide appropriate medical care, and they can be held liable for medical malpractice if they fail to fulfill that duty.

• Can you sue an emergency room for a failure to diagnose?

  Yes, you can sue an emergency room for failure to diagnose if it can be demonstrated that the emergency room or its healthcare providers breached the standard of care expected in similar circumstances, resulting in harm or injury to the patient. Emergency rooms have a duty to provide timely and appropriate medical care, and they can be held liable for medical malpractice if they fail to meet this standard.

• If I die as a result of a failure to diagnose, will my claim die with me?

  If you die as a result of a failure to diagnose, your claim may not necessarily die with you.

  Your surviving family members may be able to pursue a wrongful death claim or continue your medical malpractice claim on your behalf, depending on the laws of your jurisdiction and the circumstances of the case. 

• How long do I have to file a lawsuit for a failure-to-diagnose claim?

  The statute of limitations for filing a lawsuit for a failure-to-diagnose claim varies by jurisdiction but typically ranges from one to six years from the date of the alleged malpractice or from when the patient should have reasonably discovered the injury. 

• How long is it likely to take before I receive compensation for a failure-to-diagnose claim?

  The time it takes to receive compensation can vary widely depending on factors such as the complexity of the case, the legal process, negotiations with insurance companies, and any appeals.

  In some cases, settlements may be reached relatively quickly, while others may require prolonged litigation, potentially spanning several months to several years.

• Does Illinois or Chicago apply any limits on medical malpractice damages?

  Yes, Illinois applies limits on certain types of damages in medical malpractice cases. Non-economic damages, such as pain and suffering, emotional distress, and loss of consortium, are capped at $500,000 for healthcare providers and $1,000,000 for hospitals, except in cases of catastrophic injuries or death. 

  However, there are no caps on economic damages, such as medical expenses and lost wages.

  It’s important to consult with a qualified attorney to understand how these limits may apply to your specific case.

• How much can I sue for a failure-to-diagnose?

  The amount you can sue for a failure-to-diagnose case depends on various factors, including the extent of harm or injury suffered, the costs of medical treatment, lost income, and the impact on your quality of life.

  There is no predetermined limit on damages in medical malpractice cases, but awards typically aim to compensate for both economic losses and non-economic damages such as pain and suffering.

• What to do when a doctor fails to diagnose?

  If a doctor fails to diagnose a medical condition, it’s important to seek a second opinion from another healthcare provider to confirm or identify the condition.

  Additionally, consider discussing your concerns with the original doctor and documenting your symptoms, medical history, and any communication with healthcare providers for future reference.

  After taking those measures, consult with a medical malpractice attorney in your area if you believe you have a case, and they will advise you on the next steps. 

• How do you prove a failure-to-diagnose lawsuit or case?

  To prove a failure-to-diagnose lawsuit or case, you typically need to demonstrate that the healthcare provider breached the standard of care expected in similar circumstances, leading to harm or injury to the patient.

• How many failure-to-diagnose cases are there a year?

  There is no exact figure for the number of failure-to-diagnose cases per year, but diagnostic errors contribute to a significant portion of medical malpractice claims, with estimates suggesting they affect about 5% of adults in the United States annually.

Contact Our Chicago Failure to Diagnose Lawyer Firm Today

Do you think you have a medical malpractice based on a failure to diagnose that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced medical malpractice attorneys at Chicago

Medical Malpractice Lawyers for a free consultation to better understand your legal options.