Can You Sue Your Doctor for Failure to Diagnose?

Friday, January 19, 2024

Can You Sue Your Doctor for Failure to Diagnose?

Written by Malman Law, reviewed by Steve J. Malman.

For weeks, you’ve been experiencing symptoms like fatigue, abdominal pain, and weight loss. However, you’ve mustered up the energy to visit the doctor and seek answers to your questions.

Your doctor has dismissed your concerns as stress or indigestion and has sent you home. As your symptoms worsen, you seek help from another doctor who promptly performs a series of tests. To your surprise, the diagnosis reveals cancer.

If the other doctor had delved deeper into your condition, you may have been spared the aggressive treatment you’re now undergoing, as well as an uncertain future. His negligence is due to a failure to diagnose.

Medical malpractice laws give patients the opportunity to seek compensation when a doctor’s oversights or negligence causes harm. So, failure to diagnose cancer or any other serious illness forms a valid basis for a medical malpractice claim.

By contacting a Chicago medical malpractice attorney, you can hold the physician accountable, secure compensation, and prevent similar errors from occurring with future patients.

Establishing Negligence in a Medical Malpractice Claim or a Failure to Diagnose

To establish negligence for a failure to diagnose in Illinois, it is necessary to demonstrate that your doctor had a duty of care towards you but failed to fulfill it. As a result, it impacted your overall health.

First, you need to establish the existence of a doctor-patient relationship, an alliance that creates the duty of care. In this instance, your doctor agreed to diagnose and treat your condition, making them responsible for assessing your symptoms and determining the cause.

Next, you must provide evidence that your doctor breached their duty by failing to diagnose your condition. This may include instances where they disregarded or dismissed your symptoms, did not order tests, misinterpreted test results, or lacked the additional training to recognize your condition.

Their failure to diagnose, detect, or treat your condition goes against the standard of care expected from a reasonably prudent doctor with similar training and experience.

Finally, it is critical to demonstrate that the doctor’s breach directly caused you harm. For instance, a delayed diagnosis may have worsened your condition, which forced you to go through riskier treatment options. It may also have resulted in additional pain or a permanent injury that could have been avoided.

Consult with a Medical Malpractice Attorney Without Delay

If you can show the above elements in a medical malpractice case, you’re eligible to take action against your doctor for medical malpractice in Illinois. It is important not to waste any time in filing a claim. Seek advice from a medical malpractice lawyer to discuss the strengths of suing your healthcare provider.

The Time Limit for Medical Malpractice Lawsuits in Illinois

In Illinois, you must file a medical malpractice lawsuit within a certain timeframe. According to the statute of limitations, you must file within two years from the date you were aware or should have become aware of the alleged misdiagnosis.

In cases involving fraud or concealment, the timeline may be extended. For instance, if a doctor intentionally lied to hide an error, the clock would start ticking when you uncovered their deception.

It is advisable to take action if you suspect malpractice. Don’t hesitate to consult with an attorney who can review your records and assess whether you have valid grounds for filing a lawsuit.

Contact a Chicago Medical Malpractice Attorney

Do you have questions about a doctor’s failure to diagnose? If so, contact Malman Law and arrange a consultation right away.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

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