However, doctors are not perfect and can be prone to mistakes. In some cases, their negligence may cause errors that affect their patient’s overall health and quality of life. For those who suspect being a victim of medical negligence, there are many potential solutions for compensation, especially if you’re working with experienced medical malpractice attorneys. 

At Kroot Law, we provide extensive experience helping medical malpractice victims understand their situation and explore their best options. Here’s a guide to helping you determine if you might be a victim of medical malpractice and should reach out to a Chicago medical malpractice lawyer. 

What Counts as Medical Malpractice?

Medical malpractice is a type of personal injury that can happen when any healthcare professional does any of the following:

• Fails to provide appropriate treatment because of their neglect
• Fails to take the necessary action to save a patient’s life
• Gives substandard treatment that harms, injures, or causes the death of a patient

The laws on medical malpractice cover the entire spectrum of medical care, from correctly diagnosing a condition, to administering the proper dosage, and to providing the appropriate treatment. The John Hopkins Armstrong Institute for Patient Safety and Quality reports that around 12 million Americans are affected by diagnosis errors, resulting in up to 80,000 deaths yearly and about four million experiencing harm to their health.

Medical professionals aren’t liable for all types of harm and side effects a patient experiences. If you’re not satisfied with the outcome of your treatment, that doesn’t necessarily count as grounds for medical malpractice. Medical providers are only liable if one can prove that they were harmed by a deviation from the standard of care applicable to the medical professional. To file a case, the following must be present:

• A medical professional with a professional duty to a patient
• A breach of their duty
• Injury caused by the breach of duty
• Physical, emotional, and/or financial damages that the patient experienced as a result of that breach

Some examples of medical malpractice include:

• Medical misdiagnosis
• Surgical procedures that are done incorrectly 
• Surgical procedures that were unnecessary or improperly performed
• Prematurely discharging a patient from the healthcare facility
• Prescribing the wrong dosage or wrong medication
• Not giving patients the information that allows them to given informed consent for the treatment

What Are the Signs That You Need a Chicago Medical Malpractice Lawyer?

Medical professionals aren’t liable for all types of harm caused by treatment or a procedure. For example, doctors may not be responsible for patients who insist on leaving a hospital against their recommendation or don’t follow their doctor’s aftercare instructions. 

However, these are some instances where you might be a victim of medical malpractice. If any of these apply to you, contact medical malpractice attorneys to discuss your next steps for just compensation. 

1. You Didn’t Give Informed Consent

Unless you were in an emergency and could not consent, medical professionals can’t provide treatment without your say. They require your informed consent, which means agreeing to a treatment plan while knowing all the facts, procedures, treatment process, risks, alternatives, and potential future complications. 

If a medical professional didn’t have your consent or failed to provide all the relevant facts before you consented, you might have a case for medical malpractice. Even if you agreed to a procedure, if they failed to explain the risks or didn’t let you know about a reasonable alternative approach that could have affected your decision, they can be liable for malpractice. 

2. The Severity of Your Condition and Your Treatment Plan Don’t Match

There are many risks associated with surgery and other invasive procedures. As a result, these kinds of treatment are reserved for more severe cases where less invasive options aren’t effective.

If your doctor provides excessive treatments for your condition and results in harm, you may be a victim of medical malpractice. A Chicago medical malpractice lawyer can help you file a case for the physical, emotional, and/or financial damages caused by the treatment. 

3. Medical Misdiagnosis

Your doctor understands the risks associated with misdiagnosing your condition. This is why they should often perform appropriate tests before diagnosing you and prescribing the appropriate treatment. 

Failure to perform the necessary tests to diagnose your condition, which includes ruling out other conditions, can result in wrong treatment and be grounds for medical malpractice. If a hospital or laboratory uses faulty diagnostic equipment or fails to otherwise perform testing correctly, the hospital itself may also be liable for medical misdiagnosis. 

4. Delayed Diagnosis from Your Doctor

Early diagnosis gives doctors a lot of time to treat most illnesses and provide the best opportunity for patient outcomes. For example, they may fail to timely diagnose the condition before it becomes more serious or even fatal. This can occur in various types of cases including those involving cancer. In this case, medical malpractice attorneys can argue that the doctor’s delayed diagnosis prevented the patient from receiving treatment that could have prevented the patient’s cancer from spreading and becoming terminal. 

5. Your Treatment Isn’t Working

If your treatment doesn’t seem to improve your condition, it may be a sign that you’ve been misdiagnosed or aren’t getting the proper treatment or medication. These can be grounds for medical malpractice as your doctor may have misdiagnosed or not provided proper care to give you an effective treatment plan. 

In many cases, doctors may give you a treatment plan that is either not aggressive enough for severe illnesses or is too aggressive to the point that you undergo invasive procedures with severe side effects. Having a Chicago wrong diagnosis attorney can guide you to take the necessary steps. 

6. The Medical Facility Is Understaffed

Staffing issues are common across the country. However, medical facilities shouldn’t let this be the reason they failed to provide proper medical services to their patients. If your hospital is grossly understaffed, patients are likely not getting their medication or treatment at the right time. There’s also a risk the medical staff is being stretched too thin such that they aren’t focused on your condition or treatment. 

An understaffed team can also put you at risk because you might not get the immediate attention you need. For instance, if one of your medical devices goes off and no one responds in a timely manner, you may be unable to receive much-needed assistance. 

I’m a Victim of Medical Malpractice — What Are My Options?

If you suspect you are a victim of medical malpractice, your first step is to contact a Chicago medical malpractice lawyer who can guide you through filing a lawsuit against a medical professional and/or facility. They can advise you if your situation is grounds for medical malpractice and what kind of compensation you can potentially receive. 

An experienced medical malpractice lawyer is essential if you want to find justice and seek adequate compensation for your injuries. A study published in the Clinical Orthopaedics and Related Research looked at 12 years’ worth of malpractice cases and found that medical malpractice cases are an uphill battle for patients even with solid evidence of medical negligence:

• Physicians win 90% of jury trial cases with weak evidence of medical negligence
• Patients with substantial evidence have a 50% chance of winning their case
• Up to 90% of defensible medical malpractice cases are dropped or dismissed with no payment
• For cases resolved outside of court, settlements can depend on the evidence’s strength.

This study shows that, even with evidence, your malpractice suit isn’t guaranteed. By having experienced medical malpractice attorneys by your side, you have a skilled team that works hard for your interests in or outside court. With the proper representation, you can build a solid case against a medical professional or facility that can give you a strong advantage whether you decide to settle or go to trial.  

Contact Kroot Law for Seasoned Medical Malpractice Attorneys 

With Kroot Law, you have a strong chance for the best possible results from your medical malpractice case. Find exceptional legal counsel and contact medical malpractice lawyer Jason M. Kroot for a free consultation and case evaluation.

Medical malpractice takes many forms, from misdiagnosis and medication errors to surgical mistakes. If your healthcare provider’s negligence has injured you or a loved one, it’s essential to understand each type and its unique set of circumstances to determine if you have a case. 

While the best first step is still to consult a Chicago medical malpractice lawyer, we explore the most common types of medical malpractice below to help you protect your health and well-being. 

The Common Types of Medical Malpractice

Misdiagnosis 

Delayed or incorrect diagnoses make up most medical malpractice incidents, and a government report revealed alarming statistics proving so: 

• Around 7.4 million diagnosis errors are made every year
• 2.6 million people suffered preventable harm or injury
• Three hundred seventy thousand suffered permanent disability and death due to misdiagnosis. 

Strokes, heart attacks, aortic aneurysms, and spinal injuries are commonly misdiagnosed in the country. Unfortunately, an incorrect or delayed diagnosis can put patients with these conditions at risk of complications from receiving the wrong or delayed treatment. 

Diagnostic errors can happen in different ways: 

• When a patient is not diagnosed with a particular medical condition despite showing symptoms consistent with it
• When a patient is diagnosed with a condition they don’t have 
• When a patient is diagnosed with a condition after it has reached an advanced or incurable stage.

If your health declines and you suspect that you have been misdiagnosed, it’s crucial to seek a Chicago malpractice attorney to learn about your rights and options. They can also arrange for an expert to provide a medical testimony explaining how a competent professional would have diagnosed your condition early and correctly. 

Medication Errors 

Medications are meant to help stabilize or improve a patient’s condition. When mistakes are made at any stage of the medication process, patients may be given the wrong type or dosage of drugs and eventually suffer serious harm. Such errors typically occur due to failure to monitor patients, miscommunication among healthcare providers, mislabeling, and off-label prescribing. 

Who Is Liable for Medication Errors?

Different healthcare professionals can be liable for a medication error, depending on your unique circumstances. For example, doctors may be liable for prescribing the wrong medicines or recommending the wrong dosage. A nurse may also be held responsible for administering the wrong drug or dosage. 

Medication errors can have devastating consequences for patients, including prolonged hospitalization, adverse drug reactions, and even death. If you or a loved one has been injured by a medication mistake, it’s best to work with an experienced Chicago medical malpractice lawyer to fight for the compensation you deserve. 

Surgical Errors

While surgical mistakes are rare compared to other types of medical malpractice, they are worth noting because of the life-changing consequences they can bring to a patient. 

Here are some examples of surgical mistakes that are considered medical malpractice: 

• Failing to monitor a patient’s vital signs, diet, and medication before surgery
• Using improper surgical techniques 
• Puncturing or cutting surrounding organs with a surgical tool 
• Operating or amputating the wrong body part 
• Leaving behind surgical instruments inside a patient’s body 
• Failing to provide proper post-operative care 

Birth Injuries 

Expecting parents partner with professionals like obstetricians and gynecologists to ensure a smooth and safe delivery. Unfortunately, when your trusted professionals make otherwise preventable mistakes during the planning, pregnancy, and delivery stages, lifelong problems for your newborn can arise. 

Common birth injuries include physical trauma, temporary paralysis, fractured bones, and brain damage, but some complications also lead to a tragic loss of life. These can happen due to a variety of reasons, such as the failure to: 

• Respond to complications like fetal distress, excessive bleeding, uterine rupture, or umbilical cord entanglement promptly
• Perform a timely C-section
• Use forceps or vacuum extractors competently. 

Negligent Prenatal Care 

Birth-related medical malpractice can also happen outside the delivery room and months before birth. As a woman trusts her obstetrician to monitor the pregnancy, negligence in ordering tests may lead to the failure to identify complications, such as ectopic pregnancy, preeclampsia, gestational diabetes, and birth defects. 

Wrongful Death

As mentioned earlier, medical malpractice is among the leading causes of death in the US. A medical professional’s negligence can cause complications, resulting in wrongful death. 

If you believe a loved one died prematurely due to medical malpractice, it’s crucial that you speak with an experienced Chicago malpractice attorney. Proving medical malpractice in wrongful death cases can be complex since it requires solid proof that your healthcare provider’s negligence directly caused the death. Medical malpractice attorneys specializing in wrongful death cases in Illinois can review your case and advise you on the next steps to take. 

Other Medical Malpractice Cases 

Besides the common types of medical malpractice enumerated above, here are some more medical errors to be aware of. 

Anesthesia Errors 

Anesthesia is essential in managing a patient’s pain and, at times immobilization while undergoing procedures like surgeries and dental work. However, when it is negligently administered during an operation, the patient can suffer awareness-induced PTSD, heart attack, stroke, brain damage, and even death. Spinal infections, nerve damage, and seizures can also arise from mistakes in administering spinal and epidural anesthesia. 

Hospital Infections 

The negligence of doctors, nurses, and hospital staff that results in hospital-acquired infections may also qualify as a medical malpractice case. Patients are particularly vulnerable to infections, so they must be adequately cared for and monitored throughout their hospitalization. Failing to timely recognize and properly treat a hospital-acquired infection can also constitute a medical negligence case. 

Lack of Informed Consent

As a patient, you have the right to know and understand the risks and benefits of the treatment you are about to undergo, along with other potential viable options. In the same way, your doctor has a legal duty to obtain your informed consent before prescribing you a drug, performing a procedure, implanting a medical device, or undertaking any other treatment. 

If you have suffered harm or injury due to a lack of informed consent, you may be able to demand compensation due to medical malpractice. 

What To Do if You Believe You Have a Medical Malpractice Case

If you believe medical malpractice has caused you or a loved one harm, it’s imperative to take action as soon as possible. We recommend following these steps, so you not only recover the compensation you deserve but also get on the road to recovery. 

• Seek Proper Medical Treatment

Your health is a top priority, so it’s best to get the medical attention you need for the illness or injury you suffered due to the suspected medical error before anything else. 

• Gather Documents

As you undergo further treatment, secure documents related to your case. This can include photos of your injuries, bills, invoices, and prescriptions. 

• Work With a Chicago Malpractice Attorney

Reach out to an attorney concentrating in medical malpractice cases in Illinois as soon as possible. The sooner you have legal counsel, the earlier they can investigate your case and advise you on the best course of action.

If they determine that your case involves medical malpractice, they can also collect and analyze vital evidence to recover maximum compensation for you. 

The Knowledgeable Medical Malpractice Attorneys at Kroot Law Can Help

If you have suffered harm from a preventable medical mistake, you need an expert to advocate for your rights and ensure you receive the best compensation. 

Founded by experienced trial lawyer Jason M. Kroot, our law firm concentrates in serious medical malpractice and wrongful death cases in Illinois. Within the last five years alone, we obtained top settlements in cases including those involving misdiagnosis, medication error, and wrongful death throughout the state. 

Consult our Chicago medical malpractice lawyer if you believe you’ve been harmed due to a medical error. We can review the facts of your case and explain your legal options in a free, no-obligation, and confidential consultation. Contact us at (312) 543-0030 or fill out this form to schedule your appointment.

Without a proper diagnosis, patients can experience adverse drug reactions or receive the wrong treatment. Incorrectly diagnosing a severe medical condition can also lead to permanent disabilities and even death. 

If you or a loved one has been harmed by a medical misdiagnosis, understanding its common types and learning what to do after discovering a diagnostic error can help you preserve your right to use the court process. This also gives you enough time to work with Chicago wrong diagnosis lawyers to seek compensation for the injuries you’ve suffered. 

Common Types of Medical Misdiagnosis

Healthcare providers, just like any other human being, are not perfect. However, their profession requires them to practice care and attention when working with patients, including examining their symptoms. Breaching this duty and care can lead to different types of diagnostic errors, including the following:  

Laboratory Test Errors and Misread Results

With medical labs processing hundreds of samples daily, mistakes such as testing wrong patient samples, contaminating samples, and sending results to the wrong patient can happen. In the same way, primary care doctors and specialists who regularly review several tests like x-rays, CT scans, MRIs, and blood tests can misread results.

When lab test errors and misread results occur, life-threatening situations like the following can happen:

• A patient’s real health problem may not be identified. 
• He or she may be diagnosed with the wrong medical condition. 
• Severe conditions like heart attack, blood clots, and cancer can be missed. 
• He or she may receive the wrong treatment. 

Wrong Diagnosis 

With many diseases showing similar symptoms, inaccurate diagnoses resulting from negligence can bring about severe consequences. For example, misdiagnosing a heart attack as heartburn or anxiety can lead to fatal results, as the patient may not be able to receive the emergency care they need on time.  

Other commonly misdiagnosed conditions include stroke, bowel obstruction, appendicitis, lupus, multiple sclerosis, and Lyme disease. A diagnostic error can result in organ damage, chronic illnesses, and serious disability.  

Missed Diagnosis

In contrast to wrong diagnoses, missed diagnoses occur when, instead of getting treated for the wrong disease, a patient showing signs and symptoms telling of a particular condition is told that he or she is fine. As a result, the patient is sent back home without receiving the necessary treatment. 

Delayed Diagnosis

In some cases of diagnostic errors, the diagnosis is correct — but it’s made later than a doctor or physician should have. The delay can cause serious, permanent, or fatal consequences, especially if the patient’s health has worsened or the disease has reached an incurable stage. 

Cancer Misdiagnosis 

Delayed cancer diagnoses can consequently lead to delayed care, often leaving patients with worsening conditions, unnecessary pain and suffering, higher costs of care, and even a lower chance of survival. 

This diagnostic error usually involves failing to perform tests like biopsies, mammograms, and MRIs. Cancer may also be belatedly diagnosed due to failure to recognize breast lumps, abnormal pap smears, rectal bleeding, and other symptoms that could indicate cancer, as well as failure to interpret test results correctly. 

Failure to Diagnose Other Diseases or Recognize Complications

Patients can have two or more diseases. As such, diagnosing one but failing to catch the others can be considered a medical diagnostic error. 

Similarly, correctly identifying a patient’s disease but missing the risk factors for medical complications can also be grounds for a medical misdiagnosis claim. With this mistake, patients can receive medications that aggravate their condition. 

Misdiagnosis in the Emergency Room

While many medical diagnostic errors happen in doctor’s offices, clinics, and other outpatient settings, patients can also receive inaccurate diagnoses in emergency rooms. In an environment where there is increased time pressure, healthcare professionals may be rushed to attend to patients. 

It’s worth emphasizing that emergency rooms often see severe and urgent illnesses and injuries. A wrong, missed, or delayed diagnosis can easily cause immediate harm to patients. 

Misdiagnosis and Medical Malpractice

A medical practitioner’s misdiagnosis does not automatically mean he or she has committed medical malpractice. Even the most experienced physicians can make errors, and a doctor can order tests and do everything correctly and still miss or make the wrong diagnosis. 

For a misdiagnosis to be considered malpractice and, therefore, become grounds for pursuing legal action, these elements must be present: 

• That the doctor owed a duty of care to a patient;
• That the doctor breached that duty, either by his or her action or inaction and;
• That the misdiagnosis worsened the patient’s medical condition and/or resulted in physical, psychological, or financial loss.

What to Remember About Pursuing Legal Action for Medical Misdiagnosis in Chicago

If you are considering pursuing legal action, the Illinois statute of limitations generally requires lawsuits to be brought within two years from when the error occurred or when they reasonably should have known it occurred. 

It can take a year or more for some patients to discover mistakes in diagnoses. In these cases, they are generally given two years from the time of discovery – but no more than four years from the date the diagnostic error occurred – to work with a Chicago wrong diagnosis attorney and file their claim. 

Misdiagnosis cases can cause a mental disability or affect already mentally disabled people. In general, there is no statute of limitation for mentally disabled persons who meet the requisite criteria to pursue a medical malpractice case. This includes cases involving misdiagnosis. 

Medical diagnosis cases affecting children below 18 are another exception to the rule. If your child has been harmed or injured by a diagnostic error in Illinois, the state’s statute of limitations gives you up to eight (8) years from the date the mistake occurred to pursue legal action. However, the claim must be filed before the minor’s 22nd birthday, regardless of when the incident happened. 

With these timelines, it’s crucial that you speak with medical malpractice attorneys in Chicago as soon as possible. Filing a successful claim takes time, as you must gather substantial evidence and conduct thorough investigations to establish a strong case. Seeking expert help early on can help ensure you preserve your right to bring a medical malpractice lawsuit. 

Steps to Take After a Misdiagnosis

• Seek Proper Medical Attention 

Before anything else, ensure you have any injury or illness that resulted from the medical error, like misdiagnosis, checked and promptly treated. Your health is a top priority, so it’s best to begin proper treatment as soon as possible.  

• Gather Documents and Other Helpful Evidence 

Proving misdiagnosis as medical malpractice can be difficult, so gathering key documents such as medical records, wrong prescriptions, bills, invoices, and records showing the correct diagnosis can help you build a solid case. 

• Seek Help From Chicago Wrong Diagnosis Lawyers

It’s crucial that you consult a lawyer specializing in medical misdiagnoses in the city as soon as you realize the error. Experienced Chicago medical malpractice lawyers recognize the most substantial pieces of evidence to look for when pursuing these kinds of claims, so they can help you gather and preserve the medical records you need to build your case. 

Most importantly, since misdiagnosis claims can be complicated, they can offer knowledgeable guidance as you pursue legal action. 

• Direct All Communications to Your Legal Representative

Your doctor, hospital, or their malpractice insurer may get in touch with you in hopes of resolving the case without the need for legal proceedings. In these situations, it’s almost always better to refer them to your lawyer than entertain them yourself. The medical malpractice attorneys taking on your case can review the offers they made to protect your rights. 

Let an Experienced Chicago Wrong Diagnosis Attorney Help You Receive the Settlement You Deserve

Patients seeking relief from their pain or illness should not have to suffer from worsening conditions, mounting hospital bills, and even death due to diagnostic errors. Unfortunately, these mistakes happen across all areas of medicine, with a study showing that around 40,000 to 80,000 people die from complications due to misdiagnosis each year. 

Misdiagnosis cases can also be challenging to prove, as documents and thorough investigations are necessary to gather evidence about the malpractice. Some are not able to file a claim before the statute of limitations expires, so they end up forfeiting their right to due process and compensation. 

For these reasons and other reasons, we encourage you to get in touch with Kroot Law, LLC, about your case as soon as possible. Our law firm concentrates on misdiagnosis, personal injury, and wrongful death cases in Illinois and has a reputation for delivering unmatched personal service and exceptional results. 

Please fill out this form or reach us at (312) 543-0030 to schedule a free, no-obligation consultation with Chicago wrong diagnosis attorney Jason M. Kroot. 

What Constitutes a Misdiagnosis?

On its own, a medical practitioner’s failure to diagnose an illness or injury does not automatically constitute malpractice. Even the most experienced and highly competent physicians can make diagnostic errors from time to time. 

However, when a misdiagnosis worsens the patient’s medical condition as a result of delayed, incorrect, or nonexistent treatment, then a misdiagnosis can be the foundation of a successful medical malpractice lawsuit.

The following instances can constitute a medical misdiagnosis:

False Positive or Negative

A misdiagnosis can result if there is a false positive diagnosis, a false negative diagnosis, and/or a wrong diagnosis. A false positive result occurs when a physician diagnoses an illness that is in fact not present. A false negative shows the patient isn’t suffering from any medical condition when, in reality, they are. A Wrong diagnosis occurs when the physician diagnoses a patient with the wrong condition. These types of medical mistakes can occur in various settings including:

• Test results are corrupted by foreign substances
• Tests were conducted in improperly
• A physician misinterprets the tests
• A physician fails to order the proper tests
• A physician fails to recognize signs and symptoms of a condition
• A physician fails to proper perform a differential diagnosis

In some cases, the physician may not be liable for misdiagnosis when the fault lies with a different healthcare provider such as a nurse or technician that failed to perform their job properly. healthcare professional or technician administering the test or reading the slide. Under these circumstances, the nurse, technician, or other healthcare provider may be negligent and where the physician’s misdiagnosis was due to the other providers error.

Delayed Diagnosis

A delayed diagnosis is a common type of malpractice wherein a patient is diagnosed correctly only after an unreasonable amount of time has passed since first seeking treatment. In most cases, a delayed diagnosis causes the original condition to worsen before being given the proper treatment, resulting in extensive health consequences or, in worst-case scenarios, death. 

Malpractice due to a delayed diagnosis can be claimed when the physician is proven to have violated the medical standard of care owed to the patient. This can occur when:

• The physician miscalculates their own ability to diagnose the patient
• The attending physician rushes a consultation or examination to accommodate other patients
• The healthcare facility is understaffed
• Failure to perform a proper differential diagnosis 
• Test results are mishandled

Failure to Diagnose the Root Cause

Correctly identifying a patient’s illness while failing to detect its root cause can result in the erroneous treatment of the disease. Although the symptoms or manifestations of the disease are treated, it can still cause harm to the patient as the actual condition is left untreated and allowed to progress. 

The failure to diagnose the root cause of the condition commonly can occur when:

• No further tests were ordered despite observed abnormalities in earlier test results
• Reported symptoms were dismissed as minor, temporary, or signs of another less-serious illness
• The physician deems treatment unnecessary due to the less-serious nature of the symptoms
• Failing to refer the patient to a specialist, despite test results showing a much-serious condition

Example Cases of Medical Misdiagnosis

On September 11, 2016, Pensacola firefighter Michael Vahle’s leg developed blue discoloration and started to ache after exposure to the waters of Pensacola Bay, the Pensacola News Journal reports.

As the pain and discoloration worsened, Vahle sought medical treatment at the Ascension Sacred Heart Urgent Care Center, where it was diagnosed as an ankle sprain. He was discharged with crutches and was told to ice and elevate his leg.

Vahle later sought a second opinion from a podiatrist, who determined that the firefighter was suffering from a necrotizing bacterial infection that needed to be aggressively treated with antibodies and dead tissue removal. But despite the physician’s best efforts, Vahle ultimately needed an above-knee amputation of his lower right leg to save his life.

Cases like Michael Vahle’s are not uncommon in the United States. In fact, this is only one of nearly 12 million cases of misdiagnosis in America each year. While only about 33% of misdiagnosed cases end in death or serious physical damage, medical practitioners should be held liable for the subsequent damage caused by their failure to diagnose a patient correctly.

How Can You Prove Negligence?

The law does not automatically hold medical practitioners liable for diagnostic errors they make. That is, just proving a misdiagnosis is not enough. Instead, there must be proof of the following legal elements:

1. Duty: The plaintiff must be able to prove that a doctor-patient relationship existed at the time of the diagnosis, which means the physician had a duty to act as a competent provider of medical care to the patient.
2. Breach: The physician in question is held liable for breach of duty when it can be established that no medical provider would have made the misdiagnosis that was made, instead of making the correct diagnosis.
3. Causation: It must be proven that the misdiagnosis was at least a cause of patient’s harm.
4. Damages: The harm inflicted on the patient as a result of the misdiagnosis must lead to any actual physical or emotional damage before a medical practitioner can be held liable.

In many cases of misdiagnosis, the physician failed to properly perform the steps of differential diagnosis. Differential diagnosis refers to the process by which physicians consider different conditions that may explain the patient’s presenting signs and symptoms and then attempt to rule in or rule out those conditions before arriving at the correct diagnosis.

The case for medical misdiagnosis can be strengthened by seeking a differential diagnosis from a different medical care provider, which will be used to prove the diagnostic error the first time around. 

What are Your Legal Options?

As the victim of a medical misdiagnosis, you have legal recourse to file a medical malpractice claim or lawsuit if you or a family member suffered some form of loss or damage due to the misdiagnosis.

If your condition was made worse due to a medical provider’s misdiagnosis and you lost wages or income such as from your job or business or if erroneous treatment caused permanent physical damage or the death of a family member, call your medical malpractice attorney immediately. They can help you put together a case to file for damages to cover the financial and non-financial costs of the medical misdiagnosis.

Additionally, your medical malpractice attorney can help with claiming damages for yourself or on behalf of a loved one if the misdiagnosis resulted in wrongful death. In this case, you can file a wrongful death claim or lawsuit to cover the cost of medical bills prior to death, emotional anguish, or the loss of support and guidance for the children.

Seek Expert Help Immediately in the Chicago Area

At Kroot Law, we are committed to protecting your right to receive competent medical care. If you did not get the medical attention you deserve and have suffered damages due to negligence from your medical practitioner, call the medical malpractice attorneys at Kroot Law at (312) 543-0030 for a free consultation.

Lead by lead researcher, Dr. Clara N. Lee of the University of North Carolina School of Medicine, Chapel Hill, the retrospective study evaluated the decision making process of early stage breast cancer patients regarding surgical treatment. Surveys were mailed out to adult women with a history of early-stage invasive breast cancer treated at one of four academic medical centers: The Dana-Farber Cancer Institute, Boston; Massachusetts General Hospital, Boston; University of California, San Francisco; and University of North Carolina, Chapel Hill. Based on answers to basic questions about their disease and treatment options, patients answered only half their questions right (52%), demonstrating these patients had a large knowledge gap regarding their disease and treatment choices.

Because study data was collected an average of 2 ½ years after the patient’s surgical procedure, researchers recognized that some patients are likely to forget some information over time. However, the information that was forgotten was simply too basic, according to researchers, to be simply forgotten. For example, only half of breast cancer survivors from the study knew the survival rate was the same for breast-conservation therapy and mastectomy. Likewise, breast cancer survivors who underwent a partial mastectomy routinely did not know the local recurrence rates (compared to women who had a mastectomy).

According to Dr. Lee, “patients and providers need to have transparent conversations about treatment options, risks and goals in order to make fully informed decisions.” Dr. Lee’s remarks are fully supported by the American Medical Association stated beliefs on informed consent. According to the AMA, “[i]nformed consent is more than just getting a patient to sign a consent form.” The AMA acknowledges the communication process requires the physician to provide the patient: their diagnosis (if known); nature and purpose of the proposed treatment or procedure; the risks and benefits of the treatment or procedure; alternative treatment, along with the risks and benefits of the alternative treatment; and the risks of benefits of not receiving treatment. In addition, doctors must give the patient the opportunity to ask questions about any of this information in order to better understand of their options. As the AMA recognizes, informed consent is more than just a legal obligation necessary to defend against medical malpractice claims. It is an ethical obligation. Unfortunately, as this most recent study illustrates, some doctors often fail to honor either obligation.