Chicago Medical Misdiagnosis Lawyer
Failure to Diagnose Illness Malpractice Lawyers
A victim who was injured or developed a preventable illness from being misdiagnosed or another health result may have a legal remedy through a civil suit. A medical malpractice attorney can help individuals harmed by a doctor’s negligence or malpractice.
Call (888) 424-5757 to contact the personal injury attorneys at Rosenfeld Injury Lawyers LLC and speak with a misdiagnosis attorney who will work on your behalf and assist you with your malpractice claim. We offer a no-obligation free consultation to discuss your case.
A delayed diagnosis or failure to diagnose an illness or make the correct diagnosis is one of the most harmful forms of malpractice.
Unfortunately, there may be instances where doctors stray from the treatments they would prefer to provide due to insurance companies’ influence carrying their negligence coverage.
Insurance companies can create an obstacle between a physician and their ability to provide a patient with the best healthcare possible. A physician misdiagnosing an illness, injuries, or cancer promptly may result in life-threatening consequences and results.
Patients suffering from a severe healthcare problem or life-threatening disease may only have limited time to receive treatments to ensure their healing or survival and the results.
Doctors must deliver the most effective treatments for an illness within a specific time to prevent its worsening in weeks, days, or hours. Any misdiagnosed healthcare problems can be deadly.
If the health care provider fails to provide the standard of care, misdiagnosing the patient's health issues could degrade their well-being significantly by a lack of treatment. Without much needed care, a serious ailment like cancer could result in wrongful death.
Those who believe that they suffered injuries or illness due to being misdiagnosed or another health issue may have a medical malpractice attorney with experience in failing to diagnose illness cases helps individuals who have been harmed by a doctor’s negligence or malpractice. Contact Rosenfeld Injury Lawyers LLC today to speak with a misdiagnosis attorney who can assist you with your malpractice claim.
Our Chicago law offices currently represent clients throughout Illinois, including in the following localities: Cook County, DuPage County, Kane County, Lake County, Will County, Winnebago County, Peoria County, Bolingbrook, Arlington Heights, Aurora, Elgin, Joliet, Naperville, Orland Park, Schaumburg, Springfield, Wheaton, and Waukegan. Call and contact us today.
Diagnosis Errors by Medical Experts in Malpractice Cases
Patients must be aware that doctors often fail to diagnose an illness accurately. Medical professionals could misdiagnose or delay a diagnosis because they lack proper diagnostic training.
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 doctor's recklessness or carelessness.
The physician might incorrectly interpret the patient's past health record and test results.
The common types of healthcare negligence might include:
- Failure to provide adequate testing for a patient
- Failure to run a mammogram or a biopsy test for patients at risk for breast cancer resulting in a misdiagnosis of cancer
- Failure to consider the context of a patient’s health history
- Failure to investigate a patient’s healthcare situation for lung cancer or heart attack resulting in a cancer misdiagnosis
- Failure to order necessary tests for a patient
- Misinterpretation of the symptoms that a patient experiences
- Misdiagnosed symptoms
- Failure to perform due diligence in ensuring that a patient’s file and health records are correct
Many parties can be at fault when a patient has not received the proper diagnosis of injuries or a health problem. A patient might sue the hospital entity if there was inadequate training for staff in the facilities.
Often, the injured party will sue the doctor, nurse, or other specialists who were in charge of handling the patient’s file.
Proving Negligence of the Doctor in Medical Misdiagnosis Cases
Proving that the doctor was negligent by a misdiagnosis or medical error is a challenge to resolve in Illinois medical malpractice lawsuits. To make this case, a personal injury attorney must show that a doctor-patient relationship existed at the time of the appointment, procedure, or hospital stay.
Additionally, a negligence attorney must analyze the case’s facts to prove that a doctor did not provide treatment in a reasonably skillful manner. The lawyer might compare the defendant’s failure to diagnose with other doctors’ skills in the community. The comparison might help determine whether the defendant’s conduct met professional standards.
Ultimately, the Chicago medical negligence lawyer must show that a patient suffered actual injuries due to the doctor’s negligence. Test results might reveal errors.
There might be evidence that a patient developed a weakened ailment or illness due to the doctor’s failure to diagnose or otherwise resulted in a worsened condition, and a doctor will need to prove this to a jury.
Cancer misdiagnosis continues to be a severe problem in the healthcare field that can create devastating results and consequences. Often, the physician fails to identify cancer through inaccurate diagnostic testing or mistaking one disease for another.
A cancer misdiagnosis can happen as the critical window for providing healing treatment closes. Any delayed diagnosis can cause the condition to worsen, which can result in a horrific, life-altering repercussion, leading to unnecessary pain-and-suffering.
Allowing cancer to progress might cause the person unnecessary emotional and painful health complications. Misdiagnosing cancer is often based on failing to identify common symptoms associated with cancer like endometriosis and ovarian Cancer exhibiting similar symptoms.
Sample Malpractice Awards in Illinois
$1,000,000 Settlement; Delayed Diagnosis Malpractice; Sangamon County, Illinois
A fifty-eight-year-old female patient visited her health care provider due to her loss of appetite, weight gain, and inability to stop vomiting. The doctor examined her, evaluated her combination of symptoms, and then discharged her.
The doctor failed to alert her of anything serious, including the electrolyte imbalance it was later determined that she had been experiencing. Without proper treatment due to the misdiagnosis, the damage to the woman's brain eventually killed her just two months later.
She accumulated $100,000 in healthcare bills before her death. Her husband and children sued the doctor for wrongful death. The court documents claimed the physician was negligent in his failure to diagnose her illness which stopped her from getting the healthcare that could have saved her life.
The family sought compensation for their pain, grief, and other losses. The plaintiff's misdiagnosis attorney negotiated a reported $1 million out-of-court settlement in the case.
$8,000,000 Verdict; Delayed Diagnosis Malpractice; Cook County, Illinois
A Chicago patient with cellulitis, vomiting, diabetes, and nausea visited the emergency room many times in early January of 2009. Her physicians prescribed medications to alleviate the problem.
However, her doctors ordered x-rays that revealed she had contracted pneumonia that created several symptoms, including shortness of breath. She returned to the doctors' office a few days later, where the staff performed an EGD and a GI consultation but failed to diagnose her ailment.
She died while in their care during that visit. Her Chicago lawyers who took the case sued the medical care providers and facilities that were responsible. Their lawsuit alleged that the defendants' misdiagnosis, improper medical treatment, and inadequate policies caused her death.
The defendants push back on all these charges, saying that she did not display any evident signs of pneumonia. The matter was heard in front of a judge and jury, likely due to many factual discrepancies.
A jury awarded the plaintiffs $8 million for lost society, compensation, and grief.
$4,000,000 Settlement; Delayed Diagnosis Malpractice; Champaign County, IL
Parents brought their five-year-old child to the Champaign Hospital emergency room because she had a fever and rash. Doctors admitted her to the facility, where she stayed for almost a week.
During that time, the staff failed to diagnose her condition of Rocky Mountain Spotted Fever. Also, they failed to diagnose and interpret the child’s lab results correctly.
Consequently, her physicians did not discover that she had an infection from a tick bite. After going into shock during her sixth-day hospital stay, the child succumbed to her condition due to the facility’s misdiagnosis or delayed diagnosis.
Her surviving parents and siblings filed a wrongful death lawsuit against the physicians and hospital in Champaign County court. The documents alleged the defendants' delayed diagnosis and other negligent acts directly caused the little girl's death.
While the defendant's reply to the lawsuit, they did not present the merits and instead chose to resolve the case with the family for $4 million.
Medical Diagnosis Error and Delay FAQs
Our law office understands that you likely want more answers about how to file and resolve a medical malpractice claim. Our lawyers have answered some questions below.
However, contact our law office today at (888) 424-5757 to schedule a free consultation where we can answer all your questions.
There are many types of cancer. The most common misdiagnosed cancer diseases include breast, colorectal, lung, and pancreatic cancer that can quickly metastasize to other areas of the body.
Can You Sue For Failure to Diagnose?
Yes, state law allows you to file a civil lawsuit against the physician for inaccurately diagnosing your injuries or illness. The doctor can be held monetarily liable for a misdiagnosis, as defined by negligence law.
What Is Medical Misdiagnosis?
Medical misdiagnosis laws refer to a medical professional failing to accurately diagnose an injury, condition, symptoms, or illness. A failure to diagnose also includes a delayed diagnosis, misdiagnosis, in medical malpractice cases.
A typical medical malpractice claim might involve misdiagnosis of cancer, failure to provide recommended medical treatment, misdiagnosed injury, or failing to complete a patient/family history to accurately and timely diagnose the condition or injuries.
Can a Doctor Not Tell You the Diagnosis?
In some cases, especially for the elderly, a family member might intercept the doctor, requesting that they keep their patient in the dark about their diagnosis.
While families might have the best intentions of saving their loved ones the pain of knowing the truth about their health, not telling the patient their prognosis makes everyone involved complicit in the hidden deception.
What is a Physician's Chances of Being Accused of Medical Malpractice?
Nearly a decade ago, the New England Journal of Medicine released a published report studying the extent of medical malpractice claims in the United States. The conclusions revealed that 7% of all doctors in the years-long study defended a claim for medical negligence each year that was filed by their patients.
The study showed that back then, the average payment to resolve medical malpractice cases ranged as low as about $117,000 per dermatologist to over $500,000 for pediatricians.
How Do You Prove Misdiagnosis?
The plaintiff's responsibility is to prove how the physician misdiagnosed a condition, illness, or injuries based on how other doctors in the community who practice the same specialty would not have delayed the diagnosis, misdiagnosed, or failed to diagnose the same condition.
Lawyers who work on the plaintiff's behalf must reveal how the physician failed to include a correct diagnosis in the patient's medical records and show how a competent physician would have ensured an accurate diagnosis was documented.
How Often Are Doctors Wrong?
Medical researchers have performed autopsies on deceased patients and determine that approximately 20% of the time, physicians failed to diagnose fatal illnesses under their medical care accurately. This surprising statistic shows that doctors often treat their patients for a different disease due to a misdiagnosis.
The rate of diagnostic failures is almost the same as in the 1930s, even though there have been significant advancements in medical technologies to increase diagnostic accuracy
Seeking Legal Help From Chicago Medical Diagnosis Error Attorneys When a Doctor Fails to Diagnose a Health Condition That Causes the Death of a Loved One
Are you, or a loved one, the victim of a misdiagnosis that degraded your health? Was your loved one the victim of a wrongful death caused by a cancer misdiagnosis.
Our Chicago law firm helps our clients empower themselves to move their lives forward and back to normal with our years of experience. We work on your behalf.
Get in touch with the Chicago, IL negligence attorneys at Rosenfeld Injury Lawyers LLC. Contact us today. Give us a call at (888) 424-5757 (toll-free phone call) to schedule a free consultation so that we can look at your case.
Our Chicago, IL lawyers accept compensation cases through contingency fee agreements. This arrangement ensures you do not pay for legal work until after we have successfully obtained financial compensation on your behalf.
All your discussions with an experienced Chicago medical misdiagnosis lawyer will remain confidential through an attorney-client relationship. Please do not send sensitive information to our law firm in a text message, email, or voicemail.
Our Chicago personal injury attorneys follow the Illinois Department of Public Health social distancing rules to prevent the spread of coronavirus (COVID-19).
Our practice areas include motor vehicle crashes, work-related accidents, premises liability, medical malpractice, nursing home abuse, product liability, and wrongful death. Our law firm currently represents injured clients throughout the state.
Our Chicago law firm currently represents clients throughout the state, including in the following localities: Cook County, DuPage County, Kane County, Lake County, Will County, Winnebago County, Peoria County, Bolingbrook, Arlington Heights, Aurora, Elgin, Joliet, Naperville, Orland Park, Schaumburg, Springfield, Wheaton, and Waukegan.