Delayed Diagnosis Lawyer 

Delayed Diagnosis Lawyer 

Suffering from injury or harm due to a healthcare professional making the correct diagnosis too late or delaying a diagnosis?

A delayed diagnosis can be traumatic and result in severe consequences for you and your family. 

Working with Chicago Medical Malpractice Lawyers is the first step towards getting compensation for your pain.

We’ll work with you to assess your case and the circumstances surrounding it and advise you on all available legal options.

Our attorneys understand delayed diagnosis cases and will take on every aspect of your claim, ensuring that your needs and those of your loved ones will be taken care of in a timely fashion. 

Delayed Diagnosis Claims: Can You Get Compensation For A Delayed Diagnosis?

Did your doctor or other healthcare professional miss a serious diagnosis, therefore causing a delay in treatment?

You can potentially get compensation for a delayed diagnosis or misdiagnosis under medical malpractice or negligence claims.

Filing a claim involves a series of steps, including consulting with a lawyer, gathering evidence, and potentially going to court if a settlement cannot be reached.

You first need to prove that the healthcare provider was negligent.

This means showing that they did not provide the standard of care expected in the medical community, and that this failure led to the delayed diagnosis.

Next, you must demonstrate that the delay directly caused harm.

This can involve showing that the condition worsened due to the delay, leading to additional medical issues or more intensive treatment than would have been necessary with a timely diagnosis.

You also need to provide evidence of the damages you suffered due to the delayed diagnosis.

This can include medical expenses, lost wages, pain and suffering, and other related costs.

Delayed diagnosis medical malpractice cases often require testimony from medical experts who can attest to the standard of care that was expected and how the healthcare provider failed to 

Consulting with a lawyer who specializes in medical malpractice is crucial to understand the specifics of your case and the laws in your jurisdiction, as these can vary significantly.

Our Experience With Delayed Diagnosis Lawsuits

We’re a Chicago-based wrong diagnosis law firm specializing in medical malpractice with extensive experience representing clients in cases involving stroke misdiagnosis and related injuries. 

We have successfully litigated numerous cases where patients suffered harm due to false or incorrectly diagnosed strokes and related complications, securing compensation for medical expenses, lost wages, and pain and suffering. 

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

We focus on clients in Chicago, Illinois, and the surrounding areas. 

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

What Is A Delayed Diagnosis?

A delayed diagnosis occurs when a healthcare provider does not identify a medical condition within a reasonable timeframe, leading to a delay in treatment.

This can happen due to various reasons, including but not limited to:

• Failure to Recognize Symptoms. A healthcare provider might not recognize the symptoms of a condition, either because they are subtle or because the provider lacks experience or knowledge.

• Misinterpretation of Test Results. Diagnostic tests may be misread or misinterpreted, leading to incorrect or inconclusive results that delay the correct diagnosis.

• Failure to Order Appropriate Tests. A healthcare provider might not order the necessary tests to diagnose the condition, either due to oversight or because they do not consider the condition a possibility.

• Administrative Errors. Errors such as lost test results, incorrect patient records, or delays in scheduling appointments can contribute to a delayed diagnosis.

• Communication Breakdown. Poor communication between healthcare providers, or between providers and patients, can result in critical information being overlooked or misunderstood.

How Often Do Doctors Miss Or Delay A Diagnosis?

Missed or delayed diagnoses are a significant concern in healthcare. 

According to a 2019 report by Johns Hopkins University, diagnostic errors are responsible for about 10% of patient deaths and account for 6-17% of hospital adverse events.

A study published in BMJ Quality & Safety in 2014 estimated that around 12 million adults in the U.S. experience diagnostic errors in outpatient settings each year, which is about 5% of the adult population.

Why Is A Delayed Diagnosis So Serious?

A delayed diagnosis can lead to various negative outcomes, including:

• Worsening Of The Condition. A patient’s condition may worsen because it was not treated in a timely manner, potentially leading to more severe health issues.

• More Intensive Treatment. Delays may necessitate more aggressive treatment options that would not have been necessary with an earlier diagnosis.

• Increased Medical Costs. A patient may incur higher medical expenses due to the need for additional or more intensive treatment.

• Emotional and Physical Suffering. A patient may experience increased pain, suffering, and emotional distress due to the progression of the untreated condition.

If a delayed diagnosis results from negligence by a healthcare provider, you may have grounds for a medical malpractice claim.

How Could A Doctor Delay A Diagnosis?

Some common causes of diagnostic errors include cognitive errors like faulty reasoning, misjudgement, or bias on the part of the healthcare provider.

Systemic issues like poor coordination of care, inadequate follow-up procedures, and administrative errors may also contribute to a delay in diagnosis.

Miscommunication between healthcare providers or between providers and patients can lead to missed or delayed diagnoses.

What Types Of Conditions Tend To Be Diagnosed Late?

Certain medical conditions are more prone to being diagnosed late due to their complex, subtle, or non-specific symptoms. 

Some of the types of conditions that are more prone to a missed or delayed diagnosis include:

• Cancer. Some types of cancer, particularly pancreatic, ovarian, colorectal, and lung cancer have non-specific symptoms that can easily be mistaken for other, less serious conditions. 

• Cardiovascular Diseases. Heart disease symptoms like fatigue and mild chest discomfort can be misattributed to stress or other non-cardiac conditions. Symptoms of Peripheral Artery Disease (PAD) such as leg pain during exercise are often dismissed as normal aging or muscle strain. Aortic dissection can be misdiagnosed as heart attack or other cardiovascular problems due to similar symptoms.

• Autoimmune Diseases. Lupus, Multiple Scleroris (MS), and Rheumatoid Arthritis all have diverse symptoms that can affect multiple organs, making it hard to diagnose.

• Infectious Diseases. Various infectious diseases like Tuberculosis (TB), HIV/AIDS, and Lyme Disease all have flu-like symptoms that can be easily misdiagnosed or overlooked. 

• Parkinson’s Disease. Early symptoms such as tremors and slow movement can be mistaken for normal aging.

• Alzheimer’s Disease. Premature cognitive decline is often attributed to normal aging or stress.

• Epilepsy. Seizures might be misinterpreted as other neurological or psychological conditions.

• Hypothyroidism. Symptoms like fatigue and weight gain are common to many other conditions.

• Cushing’s Syndrome. Weight gain and skin changes can be attributed to other less serious conditions.

• Gastrointestinal Disorders. Celiac Disease and Crohn’s Disease have symptoms that are often attributed to less serious gastrointestinal issues.  

• Bipolar Disorder. Symptoms can be confused with depression or anxiety.

• Schizophrenia. Early symptoms like social withdrawal and unusual thoughts are often mistaken for normal adolescent behavior or other mental health conditions.

What Happens If A Correct Diagnosis Is Delayed?

Late diagnosis of many conditions can lead to more severe health complications and reduced effectiveness of treatment, highlighting the importance of thorough and timely medical evaluation.

What Are The Health Implications Of A Delayed Diagnosis?

A delayed diagnosis can lead to the progression of a disease, resulting in more severe health complications that might have been preventable with earlier treatment.

It often necessitates more aggressive and intensive treatments, which can increase the risk of side effects and lower the chances of a full recovery. 

A delay in diagnosis can also lead to higher medical costs and financial burdens due to the need for more extensive medical care.

Patients may experience prolonged pain, suffering, and a decline in quality of life. 

Additionally, the emotional impact of a delayed diagnosis can result in increased stress, anxiety, and decreased trust in the healthcare system.

Can You Sue A Doctor For A Delayed Diagnosis?

Yes, you can sue a doctor for a delayed diagnosis if it resulted from negligence or a breach of the standard of care. 

To succeed, you must prove that the doctor’s actions deviated from what a reasonably competent physician would have done under similar circumstances.

You also need to demonstrate that the delay directly caused harm, such as worsening of the condition or necessitating more intensive treatment. 

Medical expert testimony is often required to establish the standard of care and how the doctor failed to meet it.

If successful, you may be awarded compensation for medical expenses, lost wages, pain and suffering, and other related damages. 

Consulting with a medical malpractice attorney in your jurisdiction is crucial to navigating the legal complexities of such a case.

How Do You Prove A Delayed Diagnosis Malpractice Case?

Proving a delayed diagnosis malpractice case involves several key steps:

1. Establishing A Doctor-Patient Relationship. Show that a formal relationship existed, meaning the doctor owed you a duty of care.

2. Demonstrating Negligence. Prove that the doctor did not provide the standard of care expected in the medical community. This typically involves showing that a competent doctor would have diagnosed the condition within a reasonable timeframe.

3. Showing Causation. Show that the delayed diagnosis directly caused harm. You need to link the doctor’s failure to diagnose promptly with the worsening of your condition or the need for more intensive treatment.

4. Proving Damages. Provide evidence of the harm suffered due to the delayed diagnosis, such as increased medical costs, lost wages, pain and suffering, or decreased quality of life.

5. Obtaining Expert Testimony. Use medical experts to testify about the standard of care and how the doctor’s actions deviated from it. Experts also help establish causation by explaining how the delay in diagnosis impacted your health.

6. Presenting Documentation. Collect and present medical records, test results, and other documentation that support your claim. This evidence helps build a timeline and demonstrates the delay and its impact on your health.

By methodically addressing these components, you and your attorney can build a strong case for medical malpractice due to a delayed diagnosis.

Delayed Diagnosis Malpractice Lawsuit FAQs

Get answers to your questions about delayed diagnosis malpractice lawsuits from our medical malpractice attorneys.

How Is A Delayed Diagnosis Proven In Malpractice Cases?

Malpractice cases involving any kind of wrong or erroneous diagnosis require certain evidence.

Typically, this involves demonstrating that the medical professional(s) involved failed to adhere to the accepted standard of care during the procedure. 

This failure is proven via expert testimony from relevant specialists, medical record review to identify deviations from protocol, and the establishment of a clear causal link between the error and the resulting injury through medical analysis and documentation.

What Evidence Is Needed For A Delayed Diagnosis Malpractice Lawsuit?

Some examples of key evidence in a delayed diagnosis lawsuit includes medical records detailing the diagnosis and any associated procedures, any tests performed and the associated results, evidence of any complications, and subsequent treatments planned and performed. 

Expert testimony from relevant medical specialists is often critical for establishing the standard of care and identifying deviations. 

Documentation demonstrating the link between the error and the resulting injury, such as medical evaluations and patient testimony, also strengthens the case for negligence and damages.

Is There A Statute Of Limitations On Delayed Diagnosis Lawsuits In Illinois?

Yes, there is a statute of limitations on missed diagnosis or delayed diagnosis lawsuits in Illinois.

Individuals unable to resolve their malpractice claim against the at-fault provider’s medical malpractice insurance policy can file the claim as a medical malpractice lawsuit, which is a formal request for a judge or jury to hear the case and make determinations about liability and compensation.

To protect this right, the claimant must file their lawsuit within 2v years of the date on which they knew or—through “reasonable diligence”—should have known they experienced an injury due to a medical error.

Even if there was a delay in determining the error occurred, claimants only have a maximum of 4 years from the date of the error to file a lawsuit.

There are some exceptions, however, such as claims involving minor children, in which parents or guardians of the child have up to 8 years to file the claim, or the child is granted the ability to file the claim themselves within 4 years of reaching the age of majority (which means they must file the claim before their 22nd birthday).

While it seems like an arbitrary number, this deadline (known as the statute of limitations) is one of the most critical aspects of your claim.

Failing to file a lawsuit during this time frame will usually bar the claimant from using the court process to seek compensation for the expenses and impacts they incurred due to the error. 

Furthermore, if the statute of limitations has expired, the at-fault provider’s insurance company will likely refuse to compensate the claim as well, as they no longer face litigation if they do not.

What Kind Of Compensation Can I Expect From A Successful Delayed Diagnosis Lawsuit?

In a successful lawsuit for a delayed diagnosis or similar claim, your compensation typically covers medical expenses related to treating the injury caused by the malpractice, including surgeries, rehabilitation, and ongoing medical care. 

Additionally, your compensation may include reimbursement for lost income due to the injury plus damages for pain and suffering endured as a result of the malpractice. 

The exact amount of compensation you may receive in a delayed diagnosis malpractice lawsuit is based on factors such as the severity of the injury, the impact on your or the patient’s life, and applicable laws in your jurisdiction.

How Can A Medical Malpractice Lawyer Assist Me With A Delayed Diagnosis Claim?

Being diagnosed with and treated after a delayed diagnosis can be particularly traumatic — and so are medical malpractice claims. 

An experienced attorney who understands the legal process, the types of expenses and impacts you are dealing with, and the type of compensation needed to compensate those costs fairly is crucial to obtaining the compensation you need.

In addition to providing the guidance you need to make decisions that reflect your best interest, your attorney and their legal team can also offer services such as:

• Determining who was liable for the error.

• Establishing a value to the claim.

• Managing communication with the malpractice insurance provider.

• Negotiating a settlement that fairly compensates you for your injury.

• Gathering the evidence and eyewitness or expert witness needed to prove your claim in court.

• Litigation services pertaining to the representation of your case to a judge or jury.

• Assistance in obtaining the proceeds of your negotiated settlement or court award.
  

Find Out If You Have A Delayed Diagnosis Malpractice Case In Chicago, Illinois

Did you or a loved one suffer from a delayed diagnosis or similar issue 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 today.