A medical misdiagnosis can lead to the wrong treatment, harmful prescriptions, or worsening of your condition. Everyone trusts their medical providers to be skilled and knowledgeable professionals. However, doctors and nurses are still human, and mistakes can happen during treatment.
Filing a medical misdiagnosis claim alone is possible, but it’s challenging, time-consuming, and risky. Here’s why professional legal support makes a difference. We understand how devastating a misdiagnosis can be. Let’s begin with a free consultation.
Legal Guidance From Our Medical Misdiagnosis Lawyer in Chicago
If you or a loved one has been harmed due to a misdiagnosis, don’t wait to get your case investigated by a misdiagnosis attorney.
✔ Our medical misdiagnosis lawyer provides crucial support when healthcare errors lead to harm.
✔ From evaluating your case to determining liability, we precisely handle each step.
✔ Working closely with medical experts, we establish where the standard of care was breached.
Illinois law lets you file a personal injury claim for a missed or delayed diagnosis if:
- Your prognosis worsened due to the error
- You needed more invasive, expensive, or risky treatment
- You suffered significant pain or impairment
- You received unnecessary treatment
- Your loved one passed away due to a mistake
Chicago Injury Lawyer builds strong cases, gathers key records, negotiates fair settlements, and represents you in court if needed. Our attorneys specialize in misdiagnosis claims throughout Chicago.
What Exactly Is a Medical Misdiagnosis?
A medical misdiagnosis happens when a healthcare provider fails to give an accurate and timely diagnosis. This trouble can happen due to wrong tests, faulty systems, or missed symptoms. Typical misdiagnoses include:
- Brain hemorrhage
- Bladder cancer
- Colorectal cancer
- Breast cancer
- Lung cancer
- Stroke
- Sepsis
- Heart attack (myocardial infarction)
- Pulmonary embolism
A missed diagnosis can have severe consequences. It can lead to wrong treatments, unnecessary suffering, and even death.
For example, if a nursing mother is misdiagnosed with mastitis instead of breast cancer, she may receive antibiotics instead of cancer treatment. This delay can allow the cancer to progress rapidly, reducing her chances of surviving.
Leading Reasons Behind Missed or Delayed Diagnoses
Obtaining your medical records is crucial if you believe you have a misdiagnosis claim. Our medical misdiagnosis attorney in Chicago can review these records and consult experts to identify any errors made.
Some common signs in medical records that may indicate a doctor’s error include:
- Failing to order necessary tests like X-rays, CT scans, MRIs, blood tests, or biopsies based on symptoms.
- Pathologists incorrectly read medical test results.
- Doctors are not following up on test results or failing to communicate results to you.
- Misplaced lab results.
- The lab processed the wrong sample.
- Mixing up your lab results with another patient’s.
- Missing clear signs of serious illness or injury in test results.
Key Elements Needed to Win a Misdiagnosis Claim
Not every misdiagnosis qualifies as medical malpractice. The law understands that doctors may need to try multiple treatments before reaching the right diagnosis. However, when a doctor fails to meet the accepted standard of care, a claim may be justified. Expert testimony is essential to establish a claim.
In Illinois, a Certificate of Merit is required to verify that the standard of care was breached. This is a sworn statement provided by a doctor in the same specialty. This step adds strength and credibility to your case.
Steps to Take if You Suspect a Medical Misdiagnosis
If you suspect a doctor misdiagnosed you in Chicago, it’s crucial to act quickly to protect both your health and legal rights.
- Consult a qualified healthcare professional for a second opinion to confirm the diagnosis or treatment plan. Keep all records and document your interactions, as they are essential for legal action.
- Gather all relevant documentation, including medical records, invoices, doctors’ notes, and communications with your healthcare team.
- Consult with a medical malpractice lawyer. An experienced attorney can evaluate your case, guide you through Chicago’s legal process, and help you pursue compensation for your injury.
Who Can Be Held Liable in a Misdiagnosis Lawsuit?
Any licensed healthcare professional involved in your misdiagnosis may be held liable. This includes:
- Doctors
- Nurses
- Radiologists
- Midwives
- Nurse practitioners
- Physician assistants
- Pathologists
- Hospitals
- Birthing centers
- Laboratories
You’re not alone if you or a loved one suffered a misdiagnosis. Reach out to us today. We’ll work quickly to hold any responsible parties accountable, whether a doctor, nurse, or medical facility.
Types of Damages in Medical Misdiagnosis Lawsuit
You may be able to recover both economic and non-economic damages in a medical malpractice lawsuit. Economic damages cover verifiable financial losses from the malpractice, including future injury costs (medical bills and lost wages.)
Non-economic damages cover intangible losses that affect your quality of life. These can include:
- Pain and suffering
- Emotional distress
- Disability
- Loss of enjoyment of life
- Loss of bodily functions or parts
Medical misdiagnosis can be serious, turning injuries and illnesses into life-threatening conditions. Many patients worry that if they pass away, their personal injury claim will end, affecting their families.
However, there is still a way to hold negligent doctors accountable. Under the Illinois Survival Act, the victim’s estate can file a survival claim to recover losses the patient suffered before death.
According to the Medical Malpractice Act, the victim’s family has 2 years to file a claim for medical malpractice. It is possible to file a claim for malpractice if this injury or death is not discovered within 4 years of the incident.
Additionally, the surviving spouse and children can file a wrongful death claim to seek compensation for their losses.
Types of Misdiagnoses That Lead to Legal Claims
Misdiagnosis can happen in various ways. Some common types include:
- Incorrect Diagnosis
This happens when a doctor mistakes one condition for another. For example, heart problems might be misdiagnosed as acid reflux.
- Failure to Diagnose
In this case, a doctor fails to identify a medical condition that a patient actually has. The doctor may tell the patient there’s no issue when there actually is.
- Failing to Diagnose a Related Condition
Sometimes, doctors miss additional conditions. For instance, a patient with high blood pressure may also have diabetes, but the doctor misses the latter diagnosis.
- Failing to Diagnose an Unrelated Condition
Sometimes, a doctor may only identify one condition, ignoring another unrelated illness. This could lead to further complications.
The doctor correctly identifies the illness, but the diagnosis takes too long. The delay may worsen the patient’s condition.
- Missing Complications
A doctor may diagnose the correct condition but overlook complications. For example, a doctor might not understand how medication affects the patient’s health.
If you believe you’ve been harmed due to a misdiagnosis, don’t wait. Contact our Chicago medical misdiagnosis lawyer today. You deserve compensation, so let us help you.
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Call us if you’re dealing with a serious injury or battling powerful corporations, insurance companies, or even the government. Our Chicago medical misdiagnosis lawyer is willing to fight for you.
Fill out the form below or call us at (312) 261-5656 to request a consultation. At Chicago Injury Lawyer, we’re here to help and look forward to connecting with you.
Chicago Medical Misdiagnosis Lawyer FAQs
Can I sue my doctor for a misdiagnosis?
Yes, you may be able to sue if your misdiagnosis resulted from negligence. In Chicago, you must prove that the doctor’s actions fell below the accepted standard of care and resulted in your injury. An experienced medical misdiagnosis lawyer can help you determine your legal options.
What are the chances of winning a medical misdiagnosis lawsuit?
Several factors influence the outcome of a medical misdiagnosis case. These include the strength of the evidence, the severity of the misdiagnosis, and the qualifications of expert witnesses. A professional medical malpractice lawyer can provide a realistic assessment of your chances of success.
How much does it cost to hire a medical misdiagnosis lawyer?
Most medical misdiagnosis lawyers work on a contingency fee basis, meaning you pay nothing upfront. Instead, the lawyer only gets paid when you win your case. It allows you to pursue justice without risking your finances.
Can a medical misdiagnosis be considered medical malpractice in Chicago?
Yes, a medical misdiagnosis can be considered medical malpractice if it meets specific criteria. The misdiagnosis must result from a healthcare provider’s negligence and cause harm to the patient. If the misdiagnosis leads to improper treatment or worsens the patient’s condition, it may be grounds for a malpractice claim.
