A doctor has a tremendous amount of responsibility when he or she is conducting a check-up of a patient. During a medical appointment, it is expected that the doctor will use due care to ensure that the patient receives the correct treatment for any medical issues that he or she may face.
When a doctor fails to adequately diagnose or delays diagnosis of a medical condition, this can result in severe injury to a patient. A delayed diagnosis refers to an instance in which there is a time gap between the patient’s appointment with a doctor and the doctor’s correct diagnosis of the patient’s illness. Those patients who are injured as a result of this negligence may have a legal claim against a doctor for this lack of care. Delayed diagnosis can be extremely problematic because time is of the essence for diagnosis of many types of conditions.
If a doctor fails to adequately diagnose a case of cancer or appendicitis, then a patient may not have enough time to receive the treatments that he or she needs to get better. In a case such as a heart attack, there may only be hours for a doctor to make the appropriate diagnosis. A delay in diagnosis of a heart attack can lead to the imminent death of the patient. For patients who believe that there may have been a delayed diagnosis that leads to serious health issues, it is important to show that there was an injury that resulted from the delay in diagnosis. A patient may also be able to show that his or her existing condition worsened as the result of a doctor’s failure to provide the proper diagnosis.
Determining Whether the Doctor Was Negligent In Their Diagnosis Delay
Patients who believe that they were injured as the result of a doctor’s failure to diagnose an illness will need to prove that the doctor was negligent in some manner under Illinois law. This usually entails a thorough investigation of the facts of a case to determine whether a doctor was somehow impaired or otherwise grossly negligent in an appointment. A doctor may have been under the influence of drugs, alcohol or another substance at the time of an appointment which could have impaired his or her ability to reason and provide sound medical advice. A doctor may have simply deviated from professional medical standards in such an inept fashion that he or she was unable to diagnose the illness.
A delay in diagnosis attorney can assist a patient in the process of researching his or her case. Our Illinois medical malpractice attorneys at Rosenfeld Injury Lawyers LLC will be able to compare the performance of the doctor with the performance of other doctors in the medical profession to determine whether his or her standard of care deviated from what is typically expected of a doctor.
Injuries Patients Can Suffer Due To A Doctor’s Delayed Diagnosis of a Medical Condition
A recent study of Patient Safety Incidents (PSIs) by HealthGrades indicates that the failure to diagnose an illness may be quite common. The statistics of the research study indicate that 155 out of every 1,000 patients suffers due to a “failure to rescue.” This could mean that a doctor failed to properly diagnose the patient or that the doctor misdiagnosed his or her illness.
When a patient is the victim of a failure to diagnose, there are many ways in which he or she can be injured. A patient may experience an injury in one of the following ways:
- Permanent physical disability after an undiagnosed heart attack or other illness
- Prolonged illness
- Loss of brain functions
- Death after an undiagnosed illness
These types of injuries can cause a patient to miss out on his or her daily work. A patient may experience a loss of wages or otherwise be unable to provide a stable income for his or her family. There may be multiple forms of damages available for patients who have suffered as the result of a failure to diagnose. He or she may be eligible to recover medical expenses, lost wages, loss of consortium, pain, suffering and other types of damages. A patient may even be able to recover millions of dollars as the result of a failure to diagnose.
Delayed Diagnosis Malpractice Awards
$500,000 Settlement; Delayed Diagnosis Malpractice; Cook County, Illinois
This lawsuit was brought by an older man, in his sixties, for delayed diagnosis and the pain and loss it caused. He worked as a restauranteur. One day, his jaw, cheek, and head began to bother him. He saw his primary physician to figure out what was going on. That doctor ordered a CT-scan. The tests showed that a mass had formed near the patient’s tongue. However, the physician did not do anything else. The problems kept plaguing the man. The pain did not subsist. He went back to the doctors. They identified cancer and ordered chemotherapy. The treatment was harsher than it needed to be because of the delayed diagnosis. Though he later became cancer-free, he still sued for the pain and expense related to the missed diagnosis. He recovered $500,000 in settlement.
$1,850,000 Settlement; Delayed Diagnosis Malpractice; Cook County, Illinois
This delayed diagnosis dispute involved a child. The little boy had argininosuccinic aciduria lyase deficiency. Now, that can be treated if spotted and addressed. It was not done so here. Allegedly, the baby was tested for it, but the results were not timely analyzed and processed. Thus, the baby sustained life-altering developmental and similar injuries. The family claimed various damages arose because of this negligence. They mentioned pain, long-term suffering, lost income, lost quality of life, and related losses. The defendant doctors and hospital said the problem came from the congenital disease and they did the best they could. However, their objections did not prevent settlement. The family received $1.85 million. This was primarily for lost income and medical bills.
$5,000,000 Settlement; Delayed Diagnosis Malpractice; Cook County, Illinois
This wrongful death case took place in Chicago, Illinois. The victim was a woman in her late twenties. She had lupus. She began to experience various health effects including confusion, headaches, and thrombotic thrombocytopenic purpura with hemolytic uremic syndrome. These issues are life-threatening with lupus patients. She went to a Chicago hospital for treatment. The doctor did not do any neurological testing as he should have with a girl of her medical background. The physician merely screened her and discharged her. The following day, the woman was still in pain and went to another hospital. That facility properly diagnosed and treated her, but it was too late. She died because of the delayed diagnosis and treatment. Lawyers for the woman’s estate brought a wrongful death action for this malpractice. The plaintiffs recovered $5 million in settlement.
$3,275,000 Settlement; Delayed Diagnosis Malpractice; Will County, Illinois
The plaintiff in this delated diagnosis lawsuit was thirty-nine. He injured his back and suffered a herniated disc at the L5-S1 point. His doctor should have recommended a spinal surgery to decompress the area. The defendant physician failed to recommend that procedure. Due to the delay in diagnosis, the patient suffered several neurological injuries. Plus, his right leg was severely affected. The man sued the doctor and facility where he received treatment. He alleged that the negligent delay in diagnosis caused his injuries. He further stated that those injuries produced several financial and non-financial damages including medical bills, lost income, pain, and disability. The defendants declined to try this matter in court. They settled for $3,275,000. Of that amount, $1.6 million was for lost income. The rest was for his pain, disability, and other bills.Get Legal Help From Experienced Chicago Medical Malpractice Lawyers for a Delay Diagnosis Case Today
It is important to call an Illinois delay in medical diagnosis attorney when you believe that a failure to diagnose has worsened your health. Also, those who have lost a loved one due to a failure to diagnose may also be eligible to receive compensation with the help of a medical malpractice lawyer. Rosenfeld Injury Lawyers LLC has experience prosecuting Chicago medical malpractice cases involving delayed diagnosis. Contact us today. Our attorneys are willing to meet with you without expense or obligation on your part to discuss your potential delay in diagnosis case. As will all of our medical negligence cases, we only earn a fee when there is a recovery for you. Call us anytime. 888-424-5757