Failure to Diagnose

Chicago Failure to Diagnose Injury Lawyer

People rely on doctors to diagnose and treat their illnesses and diseases and expect the best care when choosing a provider. Unfortunately, not all doctors provide the best care, and mistakes (especially those related to diagnosis) are not uncommon.

Accurately diagnosing someone's condition is the primary job of most doctors and specialists. Those who fail to diagnose their patients correctly put them at risk for permanent damage or death.

Failure to diagnose an illness or disease often serves as grounds for a medical malpractice lawsuit if a patient suffers harm. If you suffered harm because your Chicago-area doctor failed to diagnose your condition correctly, a Chicago medical malpractice lawyer from Zayed Law Offices Personal Injury Attorneys can evaluate your case and determine your eligibility to bring a lawsuit.

Contact ou Chicago law office today for a free case review to share the details of your medical condition and learn more about how we can help around Illinois. Call us at (312) 726-1616 today.

What Is a Failure to Diagnose?

Rated by Super Lawyers - Rising Stars Adam Zayed

Failure to diagnose is a serious medical error that falls under the general umbrella of misdiagnosis. A doctor's incorrect diagnosis or lack of one is a mistake, failing to identify a patient's illness or disease.

The delay in diagnosing an illness or disease and failure to spot existing symptoms contribute to diagnostic failures. In some cases, doctors correctly diagnose one disease or illness but fail to diagnose coexisting illnesses or diseases.

Diagnostic errors that medical malpractice lawyers and the medical community often lump together with the failure to diagnose include:

  • Failure to screen for a specific illness or disease
  • Failure to refer a patient to a specialist
  • Poor reading of diagnostic tests
  • Failure to learn about a patient's symptoms and get a complete medical history
  • Failure to investigate causes of a patient's symptoms

Negligence Leads to the Failure to Diagnose

Doctors fail to diagnose certain diseases and conditions for various reasons. When the failure to diagnose occurs because of medical negligence, doctors open themselves to a medical malpractice claim. Actions and inaction that qualify as medical negligence can happen throughout one or more interactions with a doctor.

Initial Visit/Testing

Patients experience symptoms of an illness or disease, so they visit their doctor to get a diagnosis. In some cases, patients see their doctor for a regular check-up. Doctors need accurate tests for diagnosis and swift treatment.

Neglectful ones may overlook high-risk patients, blaming symptoms on unrelated factors. Other times, doctors order the wrong tests for the symptoms their patient reports. Failure to provide the proper screenings and lab tests often leads to the failure to diagnose.

Analysis of Test Results

Some doctors order all the right tests, including blood panels, urinalysis, and other diagnostic tools. However, they must examine and analyze the results to make an accurate diagnosis. Busy doctors with demanding schedules sometimes scan test results, mix up their patients, or misinterpret test results.

Poor analysis of tests, regardless of the source, denies patients accurate diagnoses, delaying timely treatment for their illness.


Different illnesses and diseases have different treatments. Patients have multiple treatment options in many cases, especially with early diagnosis. Doctors typically recommend the best option based on lab results and patient history.

Doctors may suggest incorrect treatments or none with inadequate testing and misinterpreting test results, posing potential health risks. Untreated diseases and illnesses can spread throughout the body, causing more damage. Patients with terminal diseases like cancer often lack timely diagnosis and essential treatment, jeopardizing their chances of survival.


Speaking with patients about their symptoms, test results, and treatment options takes up a good portion of a doctor's time. Yet, some physicians are not good communicators. Failing to inform patients about their condition risks further harm to their bodies. It's essential to provide information for informed decisions.

The same is true when communication breaks down between departments. If a doctor doesn't talk to the lab or watch for test results, their patient's condition could worsen. The failure to communicate easily translates to the failure to diagnose under the right circumstances.

Failure to Diagnose Creates More Danger for Patients in Chicago, Illinois

Your doctor's failure to diagnose may lead to a medical malpractice claim, but harm must be part of the case. Fortunately, not all failures have dire consequences. Examples of the harm patients face if they do not get a timely diagnosis of their illness or disease include:

Worsening Condition

The failure to diagnose an illness or disease is often the first step in a snowball of medical complications. A failed diagnosis means a patient gets no treatment or the wrong treatment for their condition. This can lead to a worsened condition in two ways.

First, some illnesses do not clear up without the proper treatment, and many diseases worsen without treatment. This is especially true of cancer and other diseases that progress in stages.

Second, the wrong treatment can have adverse health effects on patients who receive the treatment but do not need it. Patients who receive the wrong medication or treatment could suffer from organ damage, organ failure, cardiovascular issues, strokes, or other damaging events.

More Aggressive Treatment

Doctors' late diagnoses often require aggressive treatment. Delayed diagnoses result from errors or second opinions, affecting patient outcomes.

More aggressive treatment is often associated with a delayed cancer diagnosis but can apply to other situations. Consider a situation where a doctor fails to make a cancer diagnosis. The patient still has symptoms. They see another doctor months later. The new doctor diagnoses them with cancer. The patient's cancer has likely spread further, so they need more aggressive treatment to survive.

With an accurate initial diagnosis, a surgeon could have removed a small tumor and administered mild treatments. Sadly, now, it's critical to use intense chemotherapy and radiation as surgery is not an option.

Unneeded Surgery

A doctor's failure to diagnose an illness may determine if surgery is needed in the patient's treatment plan. For example, consider a patient who visits the doctor because of pain somewhere in their body. They ultimately find out they have a broken bone. Their doctor missed the minor fracture on the initial x-rays.

The doctor's failure to diagnose the fracture led to further damage because the patient did not immobilize their break. The second opinion revealed that the bone healed incorrectly, and surgery is the only option to correct the problem. Many patients can avoid surgical intervention as a treatment option when they receive the correct diagnoses of their injury, illness, or disease from their doctor. To learn more about recovering from surgical errors or mistakes that happen in the surgery room speak with one of our experienced lawyers today.

Significant Treatment Delays

Once a doctor fails to diagnose a patient, they have a limited amount of time to get a diagnosis. A delayed diagnosis means delayed treatment. Every day without knowing what's wrong means they delay the treatment they require, causing further health complications.

Surviving the most fatal conditions and diseases often depends on an early diagnosis. Patients with major treatment delays may not respond well, increasing the risk of permanent damage or death in some cases.


All the dangers of failing to diagnose a patient can lead to death. Diseases and illnesses that worsen can lead to death. Additionally, receiving incorrect, delayed, or unnecessary treatments can have fatal consequences for patients. If you have a terminal illness due to a Chicago doctor's misdiagnosis, consult an attorney promptly for help.

Seeking Compensation for Failure to Diagnose in Chicago, IL

If your doctor failed to diagnose you or your loved one's illness or disease, and you have suffered losses as a result, Illinois law permits you to seek compensation for damages through a medical malpractice claim. In most cases, you need to file the lawsuit within four years of the failure of your doctor to diagnose, but your lawyer can advise you on the time limit that applies to your case.

To win your case, show your doctor didn't follow accepted medical standards in Chicago and the wider medical community.

Your attorney may advise naming the doctor and facility involved, possibly involving two insurers, depending on the diagnosis failure circumstances. If your claim settles or court rules favorably, you may get compensation for diagnosis-related damages.

Each case is different, so it's impossible to say which damages apply.

Here are examples of common damages that medical malpractice victims receive compensation for:

  • Current and future medical treatment costs for your condition and complications related to the failure to diagnose
  • Current and future lost wages result from treatment or job loss due to their condition for patients.
  • Cost of long-term health care provided in-home or in a specialized nursing care facility
  • Rehabilitation costs, such as physical therapy, occupational therapy, and assistive devices
  • Physical pain and suffering from a worsened condition
  • Emotional distress from facing preventable death
  • Reduced quality and enjoyment of life
  • Loss of consortium with a spouse

If a family member dies due to a doctor's misdiagnosis, you may seek compensation in Illinois through a wrongful death medical malpractice suit. Some families receive some damages above and also receive compensation for funeral expenses and cremation or burial costs.

Wrongful death medical malpractice suits also include compensation for damage to relationships from losing a loved one. Surviving dependents can get compensation for parental loss; surviving spouses receive money for companionship loss after losing a partner. Your Chicago failure to diagnose lawyer can answer any questions you have about filing a wrongful death medical malpractice claim.

Wherever You Receive Treatment, Medical Malpractice Might Happen

If you are in Chicago and need a medical procedure, you have many local institutions to choose from, including Advocate Christ Medical Center, Rush University Medical Center, Loyola University Medical Center, University of Chicago Medical Center, NorthShore University HealthSystem-Metro Chicago, and others. Even when you visit a respected healthcare institution that employs the world's top doctors, mistakes can and do happen.

If you have suffered an injury due to medical malpractice, you can be entitled to damages for medical malpractice. Knowing when you have experienced a medical malpractice injury is hard to determine without expert opinions. Reaching out to a medical malpractice attorney from Zayed Law Offices Personal Injury Attorneys can guide you in the right direction.

Regardless of how well-known or respected a doctor or medical institution might be, errors still happen. Doctors and hospitals carry medical malpractice insurance specifically to cover the costs associated with mistakes. Next, we'll address common medical malpractice questions and explain how an attorney can help you recover full damages.

The Experienced Medical Malpractice Attorneys from Zayed Law Offices Personal Injury Attorneys Advocate for You

When you have a medical procedure, unexpected injuries can occur. Recognizing if it's part of the procedure or malpractice needs procedure and legal knowledge.

The best way to ensure that you receive the full compensation you are entitled to is working with a medical malpractice attorney as soon as possible after your injury.

Zayed Law Offices Personal Injury Attorneys' attorneys are ready to help with your medical malpractice questions. Feel free to reach out anytime. As we'll discuss below, never accuse your doctor or healthcare facility of medical malpractice or of harming you.

Doing so can alert the doctor and hospital to your suspicions and lead to evidence being more difficult to collect in favor of your case. To begin, we suggest you request your medical records, which we'll explore below, then reach out to us at Zayed Law Offices Personal Injury Attorneys, and we can take it from there for you.

When you call us, the first thing we'll do is determine if your case fits with our firm and if we can help you with it. If the case is a fit, we'll discuss payment options and setups, some of which cost you nothing out-of-pocket, as we'll discuss below.

If we agree to represent you, Zayed Law Offices Personal Injury Attorneys steps into your shoes and takes over all negotiations and communications for you so that you can focus on recovering from your injuries while we make the most of your damages.

Your Medical Malpractice Damages Should Include Medical Expenses and Lost Earnings in Chicago, IL

Going through a medical procedure that causes an injury can put your life on hold until you figure out how to address the injury and adapt your lifestyle to it. This can include ongoing medical expenses, as well as a change in the way in which you can work and support your family.

The damages you recover for your medical malpractice case should cover your short-term healthcare costs like emergency room care and related medications, as well as long-term costs like treatment and rehabilitation. Your claim may cover your lost income during your recovery and lost earnings ability.

If your medical malpractice changes how you can work and support your family, you may seek coverage for the difference. We calculate this by determining the impact of your injury on your earnings ability, then measuring that amount from the time of your injury through your working life.

Identifying the amount of damage to your earnings ability and work-life that your injury has caused can require additional assessments and exams, as well as medical and occupational expert opinions. Your medical malpractice attorney will have a network of local professionals to refer you to for this information.

The Insurance Company Profits by Denying and Reducing Your Claim

When you want compensation for the damages associated with your medical malpractice injury, you will collect it from an insurance company. Insurance companies are for-profit organizations and generate a profit the same as any other company by maximizing revenues and minimizing costs.

Revenues for an insurance company are the premiums that your doctor and healthcare facility pay for medical malpractice coverage. The costs to an insurance company are what they pay in claims to injured persons like you.

The insurance company will do whatever it can to deny your claim or reduce the amount they pay you. Insurance companies have teams of full-time claim analysts and attorneys working to carefully scrutinize all claims that come in to deny whichever they can.

When a claim is sufficiently accurate, complete, and has enough evidence, the insurance company may have to approve your claim, but they will try and give you as little as possible to save on the amount paid out. Achieving full coverage for your medical malpractice injury requires a complete, accurate application, in addition to enough evidence to require the claim specialists and attorneys of the insurance company to approve.

Your medical malpractice attorney from Zayed Law Offices Personal Injury Attorneys has the knowledge and experience you need to collect full coverage for your injury while you try to get past your injury.


Adam J Zayed, Founder & Trial Attorney
Adam J Zayed, Chicago Failure to Diagnose Injuries Lawyer

The skilled legal team at Zayed Law Offices Personal Injury Attorneys understands the gravity of your situation if your doctor failed to diagnose your condition. Even if your illness or disease is still treatable and you have a favorable long-term prognosis, you have gone through far more physical pain and mental distress than necessary because your doctor made mistakes. Taking legal action after your doctor's failure to diagnose can provide the funds you need for additional treatment and help with household income if you cannot work during this difficult time.

Contact A Chicago Medical Malpractice Lawyers

The empathetic and experienced medical malpractice lawyers at Zayed Law Offices Personal Injury Attorneys can guide you through the highly complex malpractice claims process while you focus on treatment and recovery. If you live in Chicago or a Chicago physician failed to diagnose you, contact us today online or at (312) 726-1616 for a free case evaluation.

One of our Chicago personal injury lawyers at Cook County can review your failure to diagnose claim, determine your eligibility for compensation, answer your legal questions, and advise you on your best path forward.

Illinois Personal Injury Lawyer

Address: 10 S La Salle St Suite 1230,
Chicago, IL 60603

Phone: (312) 726-1616
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