Can you sue a doctor for misdiagnosis in Chicago?

Medical Malpractice - February 12, 2025

You can sue a doctor for misdiagnosis if their negligence harmed you or worsened your condition. Medical misdiagnosis can lead to delayed treatment, incorrect treatments, or the progression of an illness, which can severely impact your health and well-being. At Horwitz, Horwitz & Associates, our Chicago medical malpractice lawyers have extensive experience handling medical malpractice cases in Chicago and throughout Illinois, including claims related to misdiagnosis.

can you sue a doctor for misdiagnosis in chicago

What qualifies as a misdiagnosis?

Misdiagnosis vs. delayed diagnosis

A misdiagnosis occurs when a doctor diagnoses a patient with the wrong condition for their symptoms, leading to inappropriate or harmful treatment or treatment that does not address the true health condition at issue. A delayed diagnosis, however, involves failing to diagnose a condition in a reasonable time given the patient’s symptoms, which can worsen. Delaying diagnosis results in a delay in treatment, which can have devastating consequences on the severity of the patient’s condition or their prognosis. Both scenarios can form the basis of a medical malpractice claim if it can be proven that the doctor failed to provide the standard of care expected in Illinois.

Commonly misdiagnosed conditions

A variety of healthcare conditions can be misdiagnosed. The failure to properly diagnose health conditions may be appropriate for a medical malpractice lawsuit if there is a direct effect on the patient’s long-term health, severity of the condition, or lief expectancy. Certain conditions are more commonly misdiagnosed, including:

Cancer: Misdiagnosis or delayed diagnosis of cancer can lead to delayed treatment and poor prognosis.
Heart attacks: Failure to recognize the symptoms of a heart attack can result in catastrophic outcomes.
Infections: Misdiagnosis of diseases can cause them to spread or worsen, leading to severe complications.
Strokes: A delay in diagnosing a stroke can lead to permanent brain damage or death.

When can you sue a doctor for misdiagnosis in Illinois?

To sue a doctor for misdiagnosis in Illinois, it must be shown that the doctor’s failure to diagnose your condition correctly was unreasonable. To determine whether their misdiagnosis or failure to diagnose a condition depends on the following factors:

The doctor-patient relationship that existed.
Your prior health history
The examination the doctor did for the symptoms that the patient presented with
Whether the doctor ruled out other possible causes of the symptoms
Whether the doctor acted reasonably in diagnosing or treating your condition.
Whether their inaction, misdiagnosis or delay in treatment directly caused harm, such as additional medical expenses, prolonged illness, or a worsened condition.

Proving negligence in a medical misdiagnosis case

Gathering evidence

Proving negligence in a medical misdiagnosis case often requires extensive documentation and expert testimony. You will need to provide medical records that show the timeline of your diagnosis, treatments received, and how the misdiagnosis caused harm. Expert witnesses, often other medical professionals, will testify to the standard of care that should have been provided and how your doctor’s actions fell short of this standard. These cases can take years given the complex medical topics they can address.

Statute of limitations for medical malpractice in Illinois

Illinois has strict time limits for filing a medical malpractice claim, including misdiagnosis cases. Under Illinois law, you have two years from the date you knew or should have known about the misdiagnosis to file a lawsuit. However, a statute of repose limits the filing of any medical malpractice lawsuit to four years from the date of the incident, regardless of when the injury was discovered. It is important that if you suspect you were the victim of a misdiagnosis or medical malpractice that you seek legal representation as soon as possible.

What compensation can you receive in a misdiagnosis lawsuit?

If your medical malpractice claim is successful, you may be entitled to various forms of compensation, including:

Medical expenses: Compensation for the medical bills of incorrect treatment, delayed treatment and additional medical care to address the severity of the condition needed due to the misdiagnosis.
Lost wages: If the misdiagnosis caused you to miss work or resulted in a long-term disability, you may be able to recover lost income.
Pain and suffering: Damages for the physical and emotional distress caused by the misdiagnosis.
Disability and disfigurement: damaages for the impacted ability to live and perform activities of normal daily life.
Future medical care: Compensation for ongoing treatment or long-term care required due to the misdiagnosis.
Grief, sorrow, loss of companionship: if your loved one who passed away due to the misdiagnosis, their direct heirs may be able to recover damages.

Why choose Horwitz, Horwitz & Associates for your misdiagnosis case?

At Horwitz, Horwitz & Associates, we understand the devastating impact a medical misdiagnosis can have on your life. Our Chicago-based medical malpractice attorneys have successfully represented clients throughout Illinois, helping them recover compensation for the harm caused by negligent medical professionals. We will work tirelessly to ensure you receive the justice and compensation you deserve.

Contact Horwitz, Horwitz & Associates for a free consultation

If you or a loved one has suffered from a medical misdiagnosis, contact Horwitz, Horwitz & Associates today for a free consultation. Our experienced medical malpractice attorneys will review your case, explain your legal options, and help you pursue the best action. We serve clients in Chicago and Illinois and are ready to fight for your rights.

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