Can You Sue Your Doctor for Failure to Diagnose?

Wednesday, August 14, 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.

What is medical misdiagnosis?

Medical misdiagnosis happens when a doctor tells you that you have a health problem, but it turns out to be wrong. This can happen in a few ways:

• Wrong diagnosis: The doctor says you have one problem, but you actually have a different one.
• Missed diagnosis: The doctor doesn’t notice that you have a health problem at all.
• Delayed diagnosis: The doctor figures out what’s wrong, but it takes too long.

Misdiagnosis can be serious because:

• You might get the wrong treatment
• Your real problem might get worse while it’s not being treated
• You might worry about a problem you don’t actually have

What are common misdiagnoses?

Some health problems are more often misdiagnosed than others. Here are some common ones:

• Heart attacks. Sometimes, doctors think it’s just chest pain or indigestion. Symptoms like chest discomfort, shortness of breath, and nausea can be mistaken for less serious conditions, leading to a dangerous delay in appropriate treatment.

• Cancer. Early signs of cancer can look like other, less serious problems. For instance, persistent coughs might be thought to be bronchitis and unexplained weight loss could be attributed to stress or dietary changes, causing delays in cancer detection.

• Stroke. It might be mistaken for a migraine or vertigo. Symptoms like sudden dizziness, severe headache, or confusion can be confused with less serious issues, which can prevent timely medical intervention that is crucial for stroke recovery.

• Lupus. This can look like many other diseases, making it hard to spot. Lupus presents with varied symptoms such as joint pain, fatigue, and skin rashes, which can resemble other conditions like rheumatoid arthritis or chronic fatigue syndrome, complicating accurate diagnosis.

• Lyme disease. The symptoms can be similar to the flu or other illnesses. Early signs like fever, chills, and muscle aches are common to many infections, often leading to misdiagnosis, especially if the characteristic bull’s-eye rash is absent.

• Celiac disease. It’s often mistaken for other stomach problems. Symptoms like bloating, diarrhea, and abdominal pain can be confused with irritable bowel syndrome (IBS) or lactose intolerance, making it difficult to identify celiac disease without specific testing.
• Fibromyalgia. The pain can be confused with arthritis or other conditions. Fibromyalgia causes widespread musculoskeletal pain, fatigue, and sleep disturbances, which can be mistaken for conditions like osteoarthritis, chronic fatigue syndrome, or even depression, leading to misdiagnosis.

Can I prevent being misdiagnosed?

While you can’t completely prevent misdiagnosis, there are things you can do to help your doctor get it right:

• Be clear and detailed about your symptoms
• Write down your symptoms and when they happen
• Bring a list of all your medicines, including vitamins and supplements
• Tell your doctor about your family’s health history
• Ask questions if you don’t understand something
• Get a second opinion if you’re worried or unsure
• Follow up on test results – don’t assume no news is good news
• Trust your instincts – if you feel something is wrong, speak up

The more information you can provide, the better chance they have of figuring out what’s wrong.

How To Navigate A Failure To Diagnose Case

If you think you’ve been misdiagnosed or a doctor failed to diagnose a problem, here’s what you can do:

Step 1: Get the right diagnosis

• See another doctor for a second opinion
• Get copies of all your medical records
• Keep track of all your symptoms and treatments

Step 2: Understand your rights

• Medical misdiagnosis can sometimes be medical malpractice
• There are time limits for filing a case, so don’t wait too long
• Not all misdiagnoses are malpractice – the doctor needs to have been negligent

Step 3: Gather evidence

• Keep all medical bills and records
• Write down everything you remember about your doctor visits
• Get statements from other doctors about your condition

Step 4: Consult a lawyer

• Lawyers who have experience in medical cases can help you understand your options
• Many offer free first meetings to discuss your case
• They can tell you if you have a strong case or not

Step 5: File a complaint

• You can file a complaint with your state’s medical board
• This won’t get you money, but it can help prevent future problems

Step 6: Be prepared for a long process

• Medical cases can take a long time
• You might need to see more doctors or specialists
• Stay patient and keep all your records organized

The goal is to get healthy and make sure you’re treated fairly. Sometimes mistakes happen, but if a doctor didn’t do their job properly and you got hurt because of it, you have the right to speak up.

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.