When you have a serious medical condition that goes untreated, it can mean the difference between life and death due to various types of complications from infections, internal bleeding, organ damage, heart attack, and stroke. If you are suffering from a delayed medical diagnosis, you can file a delayed diagnosis lawsuit in Illinois with a medical malpractice lawyer to get compensation for your injuries.
If delayed diagnosis causes injury or death, Ankin Law Chicago medical malpractice lawyers can get you the compensation you need. Call 312-600-0000.
What Is Considered a Delayed Diagnosis in Illinois?
A delayed diagnosis occurs when a medical professional fails to diagnose a medical condition in a timely manner. It usually happens when a doctor fails to identify a health problem, gives a patient an incorrect diagnosis, or does not give a patient a diagnosis at all. When a delayed diagnosis occurs, a patient can suffer a variety of injuries that can lead to permanent disabilities and even death. In the United States, delayed diagnosis errors are responsible for harm to more than 12 million patients each year, and it’s estimated that 40,000 to 80,000 patients die from their delayed diagnosis.
What Causes a Delayed Diagnosis?
A delayed diagnosis can be caused by many factors, but human errors made by physicians, medical workers, and hospitals are to blame for most cases. Common reasons for a delayed diagnosis include:
- Failure to recognize a patient’s symptoms
- Misdiagnosis of a patient’s symptoms
- Failure to order proper diagnostic tests
- Errors in reading diagnostic and laboratory test results
- Failure to inform a patient of test results
- Failure to refer a patient to a specialist when necessary
In Illinois, laws dictate that medical professionals have a duty of care to their patients. In legal terms, a medical duty of care means acting responsibly and taking necessary precautions to ensure a that a patient does not suffer unnecessary harm. In medical malpractice cases, a professional standard of care is based on the usual and customary practices of other medical professionals with the same level of training. Because healthcare providers are compared to people with similar training, specialists are held to a higher standard of care and often linked to cases handled by a medical malpractice lawyer.
When a delayed diagnosis results in patient injuries or death, who can be held liable for medical malpractice? Under the law, doctors and nurses, surgeons, medical specialists, laboratory technicians, pharmacists, and hospitals, out-patient clinics, and urgent care facilities can be held liable for medical malpractice. In some cases, medical device manufacturers can be held liable if a defective medical product was to blame for a missed diagnosis or patient injury.
Requirements for Filing a Delayed Diagnosis Lawsuit in Illinois
A delayed diagnosis can cause a variety of problems for a patient who is already suffering from symptoms. A missed diagnosis can lead to extending pain and suffering, worsening symptoms, emotional distress, lost work time and wages, and expensive medical bills. In some cases, a delayed diagnosis can lead to life-threatening conditions like sepsis, internal bleeding, organ damage, and heart failure. Because a delayed diagnosis of a medical condition can have such severe consequences or result in death, it’s important to know when and how to file a delayed diagnosis lawsuit in Illinois.
To establish medical malpractice and a delayed diagnosis claim in Illinois, you must prove 5 important factors to establish whether the professional duty of care was breached:
1. The duty of care the medical professional owed to the patient
2. The likelihood of harm to the patient
3. The severity of harm to the patient
4. The cost that the medical professional would have incurred to prevent harm to the patient
5. The ease with which the medical professional could have prevented harm to the patient
The law in Illinois looks at the above 5 factors to determine that medical malpractice does exist. To establish a delay in treatment lawsuit, the law also looks to see if an act of medical malpractice has the following characteristics:
- The medical treatment was not consistent with the accepted standard of medical care in Illinois. Laws require the medical professional to uphold a duty of care to prevent patient illness, injury, disability, and death.
- The patient suffered some type of harm due to the medical professional’s negligent actions. This includes medical errors and wrongful actions, like a delayed diagnosis.
- The patient suffered damages because of the medical professional’s negligent actions. Damages may include physical injuries or disabilities, pain and suffering, loss of income, personal hardships, or death.
How do I know if I have a medical malpractice case? Patients don’t always link their injuries to mistakes made by doctors, specialists, or hospitals who oversee their care. If you suspect that medical malpractice caused harm or injury, look for red flags and warning signs of negligent actions on the part of your doctor, specialist, and other medical professionals involved in your treatment.
In Illinois, the Code of Civil Procedure requires that the plaintiff in a medical malpractice case file an affidavit of merit stating that he or she has consulted with a qualifying medical expert. The affidavit must include a written report by the medical expert detailing the expert’s opinion that there is reasonable cause to file the action. Expert witnesses are used in medical malpractice cases to establish the medical standard of care, translate complex medical jargon, support cause-and-affect arguments, and provide impartial credibility.
If you are seeing a doctor, and you receive treatment for a medical condition or injury, the condition should improve. If your condition gets worse, this may be a red flag for negligence or medical malpractice. When a medical condition unexpectedly worsens, it may indicate a misdiagnosis, an improper treatment, a missed diagnosis, or a delayed diagnosis, all of which can put you at risk for serious complications, permanent injuries, and even death.
Steps to Take Before a Lawsuit
If you suspect medical malpractice, there are steps you can take before filing a lawsuit. The more knowledge you have about your medical condition, filing a lawsuit, and damages for your injury, the more productive your outcome will be.
Talk to Your Doctor
If your medical condition is not improving or getting worse after seeing your doctor, it may be caused by a delayed diagnosis. Schedule a follow-up exam and talk to your doctor about your health concerns. Most doctors are happy to schedule a follow-up exam if a patient contacts them about a worsening condition. Your doctor may want to do a more extensive exam or send you to a specialist who can run further tests. If your treatment involved a surgical procedure, it’s important to talk to your doctor right away to prevent life-threatening infections, internal bleeding, and organ damage.
If you feel like something is wrong and your condition is not improving, call your doctor as soon as possible. Don’t wait, don’t feel embarrassed, and don’t be afraid to ask questions about your condition.
Contact a Lawyer
Medical malpractice lawsuits can be difficult to prove without an experienced medical malpractice lawyer to oversee the case. The burden of proof lies with the person who files the lawsuit. To win your case, you must prove that the medical professional breached the duty of care, and as a result of that breach, you suffered harm.
Before filing a lawsuit, your lawyer can review your case, discuss trial procedures including timelines and delays, and explain medical negligence compensation examples and the value of your case. Your lawyer can also explain the pros and cons of a court trial vs. an out-of-court settlement agreement. If your lawyer thinks it’s more favorable to have a court trial, he or she can explain the role of an expert witness and how it impacts the outcome of the court’s decision.
Depending on the circumstances of your case, your lawyer may suggest a settlement rather than a court trial. In Illinois, it’s estimated that about 50% of medical malpractice cases proceed to a civil court trial and the other 50% are settled in an out-of-court settlement agreement between lawyers. Either way, working with an Illinois medical malpractice lawyer with the legal knowledge and experience in such complex cases will ensure the best result for you.
To discuss your delayed diagnosis lawsuit, contact us for a free consultation to discuss your case. Our Chicago medical malpractice lawyers can help you get the compensation you deserve for damages.
