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Failure to Diagnose Illness Malpractice Lawyers in Illinois

Not Diagnosing IllnessThe failure to diagnose an illness is one of the most harmful forms of medical malpractice. Unfortunately, there may be instances in which doctors stray from the treatments that they would prefer to provide due to the influence of insurance companies. Insurance companies can create an obstacle between a doctor and his or her ability to provide a patient with the best care possible. A failure to diagnose an illness in a timely manner may result from this influence.

A person may only have a limited period of time in which to receive treatments for an illness that he or she has. It is vital that doctors deliver the best remedies for an illness within this time span that may include weeks, days or just a few hours. If a doctor fails to run diagnostic tests or other tests to see whether a person is at risk for stroke, cancer, a heart attack or other types of illnesses, then the patient will likely suffer as a result.

Those who believe that they suffered an injury or illness due to a doctor’s failure to diagnose an illness may have a legal remedy. A Chicago medical malpractice attorney who has experience with failing to diagnose correct illness cases can assist the individual who is suffering from a worsened condition as a result of a doctor’s medical malpractice. Contact Rosenfeld Injury Lawyers LLC today to speak with a medical malpractice lawyer who can assist you with your legal claims.

Errors Made in Failing to Diagnose an Illness Medical Malpractice Cases

It is important for patients to be aware of the ways in which a doctor may fail to diagnose an illness. A doctor may fail to diagnose an illness due to the lack of proper training that he or she has. The doctor may be under the influence of pain medication, alcohol or other harmful substances at the time of an appointment. Sometimes, errors are a result of the carelessness or recklessness of a doctor. He or she may not be paying attention to a patient’s file at hand and incorrectly interpret it. Here are some examples of the errors that result from this negligence:

  • Failure to provide adequate testing for a patient
  • Failure to run a mammogram or biopsy test for patients at risk for cancer
  • Failure to consider the context of a patient’s medical history
  • Failure to investigate a patient’s medical situation
  • Failure to actually order the tests required for a patient
  • Misinterpretation of the symptoms that a patient experiences
  • Misdiagnosis of a patient’s current symptoms
  • Failure to do due diligence in ensuring that a patient’s file is correct

There are many parties that can be at fault when a patient has not received the proper diagnosis of an injury. A patient may sue the hospital entity if there was inadequate training for staff in the facilities. He or she will also likely have to sue the doctor who was in charge of handling the patient’s file.

Proving Negligence of the Doctor in Failure to Diagnose Medical Conditions

One of the most difficult parts of an Illinois medical malpractice case that alleges a failure to diagnose is proving that the doctor was negligent. To make this case, a lawyer will need to show that a doctor-patient relationship existed at the time of the appointment. In addition, a lawyer will need to analyze the facts of the case to show that a doctor did not provide treatment in a reasonably skillful manner. The lawyer may compare the doctor’s failure to diagnose the behavior of other doctors in the profession to see whether his or her conduct met professional standards.

Ultimately, the lawyer will also need to show that a patient has suffered an actual injury as the result of the doctor’s negligence. This may entail the fact that a patient has developed a weakened condition or illness as the result of the doctor’s failure to diagnose. It may also entail the fact that a patient has otherwise developed a worsened condition, and a doctor will need to prove this to a jury.

Failure to Diagnose Malpractice Awards

$1,000,000 Settlement; Failure to Diagnose Malpractice; Sangamon County, Illinois

Here, a woman saw a doctor because she lost her appetite, gained weight, and could not stop vomiting. This combination of symptoms discouraged her. She was fifty-eight. The doctor examined her and then discharged her. She was not alerted to anything serious. However, it turned out later that she had an electrolyte imbalance. That problem led to brain damage which eventually killed her just two months later. Her husband and children were left to deal with the shock and pain of her loss as well as over $100,000 in medical bills. They sued the doctor for wrongful death. They claimed he was negligent in his failure to diagnose her illness and that stopped her from treatments which could have saved her life. They sought compensation for their pain, grief, and other losses. In a private settlement, the two sides settled for a reported $1 million.

$8,000,000 Verdict; Failure to Diagnose Malpractice; Cook County, Illinois

The patient involved in this case visited the ER a few times in early January of 2009. She had cellulitis as well as a number of other problems including vomiting, diabetes, and nausea. Doctors prescribed her medications for that which alleviated the problem but while there the second time she contracted pneumonia. That illness manifested itself through several symptoms including shortness of breath. X-rays taken near that time showed that she had pneumonia. When she returned to the doctors' office a few days later, staff performed an EGD and a GI consult but failed to diagnose the actual problem. In fact, she died while in their care on that visit. Her lawyers sued the physicians and facility that were responsible. Their lawsuit alleged that the defendants' failed diagnose, improper treatments, and inadequate policies caused her death. The defendants push back on all these charges. With regards to the failed diagnosis contention, they replied that she did not evidence signs of pneumonia. This matter actually made it to a jury, maybe due to the many factual discrepancies. A jury awarded the plaintiffs $8 million for lost society and compensation as well as grief.

$8,000,000 Verdict; Failure to Diagnose Malpractice; Cook County, Illinois

The patient involved in this case visited the ER a few times in early January of 2009. She had cellulitis as well as a number of other problems including vomiting, diabetes, and nausea. Doctors prescribed her medications for that which alleviated the problem but while there the second time she contracted pneumonia. That illness manifested itself through several symptoms including shortness of breath. X-rays taken near that time showed that she had pneumonia. When she returned to the doctors' office a few days later, staff performed an EGD and a GI consult but failed to diagnose the actual problem. In fact, she died while in their care on that visit. Her lawyers sued the physicians and facility that were responsible. Their lawsuit alleged that the defendants' failed diagnose, improper treatments, and inadequate policies caused her death. The defendants push back on all these charges. With regards to the failed diagnosis contention, they replied that she did not evidence signs of pneumonia. This matter actually made it to a jury, maybe due to the many factual discrepancies. A jury awarded the plaintiffs $8 million for lost society and compensation as well as grief.

$4,000,000 Settlement; Failure to Diagnose Malpractice; Champaign County, Illinois

Here, the parents of a five-year-old brought her to the emergency room of a Champaign hospital because she had a fever and rash. She stayed at that facility for almost a week. Staff failed to recognize that she had Rocky Mountain Spotted Fever. Also, they failed to correctly diagnose and interpret her lab results. Consequently, her doctors did not discover that she had an infection from a tick bite. Due to this failure and delay, she went into shock and passed away. This occurred six days after she was admitted to the hospital. Her parents and siblings survived her. She had two sisters. They brought a wrongful death lawsuit against the doctors and hospital in Champaign court. They alleged the defendants' failure to diagnose and other negligent acts were the reason why their little girl died. The defendants filed a reply in a timely fashion. However, they did not present the merits of their defense in court because both sides settled. The family received $4 million.

Seeking Legal Help From Chicago Medical Negligence Attorneys When a Doctor Fails to Diagnose a Medical Condition That Causes the Death of a Loved One

A failure to diagnose correct illness lawyer is available now to help you move forward in your life. Whether you or a loved one has suffered as a result of a doctor’s failure to diagnose an illness, a legal claim must be brought. Filing a legal claim will help empower you and ensure that you receive the damages that you deserve to cover medical expenses. Get in touch with the medical malpractice attorneys at Rosenfeld Injury Lawyers LLC today to receive the help that you need for your situation involving the failure to diagnose a medical condition.

For More Information

For more information about , please contact Rosenfeld Injury Lawyers LLC today by calling 888-424-5757. Talk to a lawyer now. Free consultation.

Client Reviews
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Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
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Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa