Facing a serious illness or injury is overwhelming. When a doctor makes the wrong diagnosis — or misses one entirely — the consequences can be devastating. You may suffer delayed treatment, worsened symptoms, unnecessary procedures, or worse. If this happened to you in Chicago, here’s what you need to know about pursuing a medical malpractice claim for misdiagnosis.
What Counts As Misdiagnosis?
A misdiagnosis occurs when a healthcare provider:
- Diagnoses the wrong condition (e.g., attributing chest pain to acid reflux when it’s actually a heart attack)
- Fails to diagnose a treatable condition in a timely manner
- Gives a diagnosis but fails to recognize complications or related symptoms
Diagnostic errors happen for many reasons. A physician may overlook or dismiss important information. Tests may be misread or not ordered. Sometimes, there is a breakdown in communication between medical staff.
Cognitive bias is at the heart of many diagnostic mistakes. Biases cause flawed clinical judgment. A physician may dismiss symptoms or favor a diagnosis even with contradictory evidence.
Confirmation bias is the most well-known example. It happens when a provider interprets information to confirm a pre-existing belief. Bias can also involve relying too heavily on the initial information received, even if inaccurate.
Some diagnostic mistakes are understandable, while others occur due to negligence.
The Basics Of Medical Malpractice In Illinois
If you suspect misdiagnosis, you need to prove four key legal elements of negligence to win a lawsuit.
- Duty: The doctor had a professional duty to diagnose and treat you.
- Breach of duty: The doctor failed to act reasonably under the circumstances.
- Causation: That failure directly caused you harm. It may have allowed your condition to worsen, for example.
- Damages: You suffered specific loss, like physical injury or additional treatment costs
Not all medical errors rise to the level of malpractice. To have a case, the provider’s action or inaction must have fallen below the acceptable standard of care and caused actual harm.
An Affidavit Of Merit Is Required In Illinois
In Illinois, you must get an affidavit of merit before you can file a lawsuit for medical malpractice. This is a sworn statement by a qualified medical professional giving their opinion that the lawsuit has merit, or a credible basis, and your care did not meet the standard. Only an expert qualified in the same area of medicine may provide this affidavit.
This requirement is intended to reduce frivolous lawsuits.
Common Types Of Misdiagnosis Cases In Chicago
Here are some common scenarios where misdiagnosis leads to liability:
- Cancer misdiagnosis
- Heart attack or stroke misdiagnosis
- Infections
- Neurological disorders
- Pediatric misdiagnosis
Though pursuing a medical malpractice claim isn’t simple, you have legal rights, especially when a doctor’s mistake results in serious harm.
How Long Do I Have to File a Medical Malpractice Lawsuit in Illinois?
If a doctor in Chicago misdiagnosed or failed to diagnose a condition and caused you harm, you may have grounds for a medical malpractice lawsuit. In most cases, Illinois law gives you two years to file a lawsuit for malpractice. If the mistake that caused your injury, or the injury itself, isn’t immediately apparent, you may have more time to file under the discovery rule. However, you can’t bring your case more than four years after the error occurred, no matter when it was discovered.
Contact a Chicago Medical Malpractice Attorney at Zayed Law Offices Personal Injury Attorneys for a Free Consultation
If you or a loved one suffered harm due to a delayed or incorrect diagnosis in Chicago, you may be entitled to significant compensation. At Zayed Law Offices Personal Injury Attorneys, our experienced Chicago medical malpractice lawyers fight to hold negligent providers accountable. Call our law office to schedule a free consultation.
For more information, please contact the experienced Chicago medical malpractice lawyers at Zayed Law Offices Personal Injury Attorneys today. We offer free consultations.
We proudly serve Cook County, Will County, Kendall County, and its surrounding areas:
Zayed Law Offices Personal Injury Attorneys – Chicago Office
10 S La Salle St STE 1230, Chicago, IL 60603
Phone:(312) 726-1616
Hours: Open 24/7
Our firm is located near you. We have an office in Chicago
Find us with our GeoCoordinates: 41.8815493,-87.6327515
Zayed Law Offices Personal Injury Attorneys – Joliet Office
195 Springfield Ave, Joliet, IL 60435
Phone: (815) 726-1616
Our firm is located near you. We have an office in Joliet
Find us with our GeoCoordinates: 41.5254295,-88.1381011
