Did Your Doctor Fail? Need a Failure to Diagnose Cancer Lawyer to Help?

What Does a Failure to Diagnose Cancer Look Like?

Early detection is key.

If your doctor failed to diagnose cancer in a timely manner and that delay caused harm, such as the progression of the disease or missed cancer treatment opportunities, then you should consider consulting with a medical malpractice attorney.

Some reasons you may need a lawyer if your primary care physician or healthcare provider failed to diagnose cancer in a timely manner include:

• A delayed diagnosis that led to the cancer advancing or becoming harder to treat.
• You had symptoms that should have prompted testing, but the doctor dismissed them.
• Another doctor later made the correct diagnosis and said it should have been caught earlier.
• You and your family have suffered harm because of the delay or diagnostic errors—physically, emotionally, or financially (more aggressive treatment, loss of income, or similar issues).

A lawyer who handles cancer misdiagnosis claims can evaluate your case and help determine if what happened qualifies as malpractices, bring in medical experts who can prove that your doctor didn’t meet the standard of care, and file a claim or lawsuit on your behalf within the statute of limitations in your jurisdiction. 

Was Your Cancer Diagnosis Missed or Too Late?

If you believe that your or a family member’s cancer diagnosis was missed or their cancer was diagnosed too late, you should gather your medical records and consult a medical malpractice attorney who handles cases in the appropriate jurisdiction as soon as possible to evaluate whether your doctor failed to meet the standard of care. 

They can help you file a claim for compensation if the delayed cancer diagnosis caused harm, like more aggressive treatment or reduced survival chances.

Some common cancers that are diagnosed too late are breast cancer, lung cancer, prostate cancer, cervical cancer, and more.

Is Failure to Diagnose Cancer Considered to be Medical Negligence?

Yes, a cancer misdiagnosis can be considered medical malpractice if it resulted from a doctor’s negligence. 

To qualify as malpractice, the doctor must have failed to meet the accepted standard of care—meaning they didn’t do what a reasonably competent doctor would have done in the same situation. 

For instance, if your doctor failed to recognize cancer symptoms, didn’t order appropriate tests, or misread results, their actions could be considered negligent.

However, not every missed diagnosis is automatically malpractice. 

You and your attorney also have to prove that the delay in diagnosis caused harm, such as the cancer advancing to a later stage or limiting your treatment options. 

An experienced cancer misdiagnosis attorney can help determine if you have a valid case by reviewing your records and consulting medical experts.

Our Chicago Cancer Misdiagnosis Lawyers Can Help If Your Doctor Failed To Diagnose Cancer

If you think you have a legal claim based on a doctor’s failure to diagnose cancer and that case occurred in the Chicago area, we’re here to help during this challenging time.

Our Chicago failure to diagnose lawyer team in medical malpractice has extensive experience representing clients in cases involving failure to diagnose cancer and related conditions. 

We have successfully helped cancer patients sue doctors for failure to diagnose cancer when they’ve suffered harm due to 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 cancer in a timely manner, resulting in unnecessary pain and suffering. 

Contact the Chicago Medical Malpractice Lawyers today for a free consultation.

Frequently Asked Questions: Failure to Diagnose Cancer Legal Claims

Could my cancer have been diagnosed sooner?

In some cases, it is possible that cancer could have been an accurate diagnosis sooner if there were clear symptoms or test results that the doctor failed to recognize, investigate, or follow up on. 

If another reasonably competent physician would have ordered additional tests, referred you to a specialist, or made a timely diagnosis earlier, then the delay may point to medical malpractice claims negligence.

A thorough review of your medical records and expert input would be needed to determine this and a malpractice attorney who practices in your jurisdiction can help.

What is the “Loss of Chance” doctrine?

The “Loss of Chance” doctrine allows a patient to recover damages if a doctor’s negligence reduced their chance of survival or recovery.

It recognizes that medical malpractice can cause meaningful harm by decreasing the likelihood of a better outcome, even if it wasn’t the sole cause of death or injury (wrongful death).

Illinois courts recognize the doctrine in medical malpractice cases where a doctor’s negligence reduces a patient’s chance of survival or recovery. 

However, Illinois treats “loss of chance” as a type of injury, meaning you still have to prove that the doctor’s actions more likely than not (i.e., over 50% certainty) caused the loss of a chance for a better outcome—not necessarily the death or full injury itself.

So while the doctrine is recognized, Illinois law doesn’t allow recovery for chances less than 50%, while some other states permit partial recovery even for smaller chances. 

What is the statute of limitations on failure to cancer misdiagnosis lawsuit in Illinois?

In Illinois, the statute of limitations for medical malpractice cases—including failure to diagnose cancer—is generally 2 years from the date you knew, or reasonably should have known, about the injury and that it may have been caused by medical negligence. 

However, there’s an absolute deadline (a statute of repose) of 4 years from the date the malpractice actually occurred, regardless of when you discovered it. There are also some exceptions made if the patient is a minor or mentally incapacitated.

Find Out If You Can Sue A Doctor With Our Cancer Misdiagnosis Attorneys

Do you think you have a medical malpractice lawsuit claim based on a doctor’s failure to diagnose cancer that occurred in Illinois?

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