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Medical MalpracticeWhen you have an injury or illness, you rely on your doctor to provide sound medical advice. You are entrusting your health to a medical processional, and you expect him or her to make a diagnosis and prescribe a treatment plan that will put you on the road to recovery.

While we like to think that doctors don’t make mistakes, the reality is that doctors throughout Illinois and across the country make mistakes every day. When they make mistakes that negatively impact a patient’s health, they can be held liable for medical malpractice. Two of the most common mistakes that give rise to medical malpractice claims involve (i) misdiagnosis, and (ii) failure to diagnose.

Understanding Misdiagnosis

Misdiagnosis occurs when a physician treats a patient for a condition that the patient doesn’t have. In doing so, the doctor fails to treat the patient’s actual disease or injury. As a result, misdiagnosis can be extremely dangerous, and may result in prolonged and invasive treatment that does not fix – and may even exacerbate – the patient’s true ailment. By many accounts, misdiagnosis is one of the most prevalent forms of medical malpractice.

The reasons for a misdiagnosis can vary widely. Some of the most frequent causes include:

  • Lack of medical knowledge
  • Not considering all possible diagnoses (referred to as “premature closure”)
  • Clinical, clerical and recordkeeping errors
  • Failure to perform appropriate tests
  • Failure to communicate or properly interpret test results
  • Lack of follow-up care

The risks of misdiagnosis can be severe. One study has suggested that as many as four percent of all hospital deaths in the United States are the result of misdiagnosis.

Understanding Failure to Diagnose

While misdiagnosis involves treating a patient for the wrong condition, failure to diagnose involves not treating the patient at all. One of the most common reasons for failure to diagnose is when a doctor dismisses the patient’s symptoms as “insignificant.” You may have heard stories about people going to the hospital and being sent home – only to have their conditions worsen significantly. These are classic cases of failure to diagnose.

Failure to diagnose and delayed diagnosis can lead to devastating consequences. For patients with cancer and other serious conditions, a proper diagnosis can mean the difference between life and death. Many cancers and other diseases can be treated if detected early. Nevertheless, if your doctor sends you home without treatment, the damage can be irreversible.

If you believe that you or a loved one may be suffering as a result of a misdiagnosis or failure to diagnose, we urge you to seek a second opinion right away. If you don’t know where to turn, the experienced team at Malman Law can provide a recommendation.

Contact Malman Law Today

Our attorneys have helped clients throughout Illinois recover millions of dollars in compensation for medical malpractice. To learn more about what we can do to help, please contact us today.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

Client Review

  • "I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "

    - Cheryl Wagemann
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