Medical malpractice is devastating, often resulting in long-term disability and even death. A Chicago stroke misdiagnosis lawyer can help you get justice for a missed or delayed diagnosis, ensuring you receive fair compensation for the tremendous harm an incorrect diagnosis can cause. Contact our law firm today for a free case review.
$12,000,000: After cardio-thoracic surgery, Helena suffered from blood clots that resulted in a brain injury and above-the-knee amputation.
$9,000,000: Roger, a 63-year-old man, went to the emergency room for chest pain, only to be dismissed by the medical professionals. He suffered a fatal heart attack only a few hours later.
$4,900,000: Tom was recovering from heart surgery, but his healthcare professionals failed to connect sensors that would monitor his respiration. He suffered from breathing difficulties and died without staff intervention.
Rosenfeld Injury Lawyers has secured over $450 million for our clients over the past 25 years. Our nationally recognized firm is proud to have achieved the Super Lawyers designation, signifying that we are among the best misdiagnosis attorneys in Chicago. We have a perfect 10/10 AVVO rating and an A+ with the Better Business Bureau. You can be assured of aggressive legal representation with a compassionate touch when you work with our acclaimed attorneys.
Common stroke misdiagnosis cases we see include:
Timely diagnosis is crucial for strokes, as they are a medical emergency that can lead to devastating consequences if untreated. Common reasons that healthcare providers may misdiagnose strokes include:
A missed or delayed diagnosis can lead to permanent disability and death. Consequences of medical malpractice in stroke care include:
Our medical malpractice attorneys will fight to ensure you receive full and fair financial compensation. Thanks to the Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospital, there is no statutory cap on economic damages. Your compensation can include:
The average payout for a stroke misdiagnosis case is $17,254,651. Payouts range between $350,000 and $216,849,187. Factors that influence your compensation include clarity of liability, damages, and medical prognosis.
Allan Navarro, a professional basketball player, went to the ER complaining of dizziness, nausea, headache, and double vision. A physician’s assistant, who had failed his licensing exams four times, misdiagnosed him with sinusitis. The attending doctor agreed and discharged him. The next day, Navarro suffered a massive stroke and required emergency surgery. He has to use a wheelchair and a feeding tube, rendering him unable to work. A jury awarded him $216,849,187.
William Lee’s wife found him unconscious on the bathroom floor at 3 am, covered in vomit. Lee, who was only 41 at the time, was admitted to a Level 1 trauma center with a specialized stroke unit. He received a Computed Tomography Angiography (CTA), but the two residents who reviewed the results misinterpreted them and ruled out a stroke. It was only three hours later that a more experienced healthcare professional determined he had a blood clot in his basilar artery. Lee now has severe short-term memory loss and lives in a nursing home. His family was awarded $122,550,000.
A medical malpractice claim is challenging, as it requires reviewing medical records and consulting with medical experts who can attest to a negligent standard of care. Additionally, hospitals and their insurance companies will aggressively deny liability, making it vital to contact a skilled attorney who can counter their tactics.
We will use Illinois medical malpractice laws, licensing reviews, and court procedures at the Circuit Court of Cook County to ensure that you receive maximum compensation to cover future needs.
A study published in the Journal of General and Family Medicine found that 12% of patients suffered from a delayed diagnosis, with a median time to diagnosis of 9 hours. Due to the rapid onset of symptoms and potentially devastating results, every minute matters with stroke.
Another study found 23,809 potential and 2,243 probable missed strokes across 9 US states, representing 12.7% and 1.2% of all stroke admissions. Men and older individuals were less likely to suffer from a misdiagnosis, and those with private health insurance had higher misdiagnosis rates.
Johns Hopkins University reported that women, people of color, and individuals under the age of 45 were most frequently misdiagnosed. Women were 33% more likely to be misdiagnosed than men. Similarly, Cornell University reported that 4.8% of pregnant women studied had previously presented with potential stroke symptoms before being accurately diagnosed. Nearly one in 20 pregnancy-associated strokes may have been misdiagnosed, possibly due to the comparative rarity of this complication.
The same article from Johns Hopkins University stated that younger people were more than seven times likely to be sent home after presenting with stroke symptoms than those older than 45.
Overall, between 50,000 and 100,000 people nationwide may suffer from a missed diagnosis every year, representing a significant level of disability that could have been prevented with prompt interventions. The disparities in reporting come from the fact that not all healthcare systems use the same reporting dashboards, meaning that thousands more people may suffer from this issue but are not reflected in the research.
Common places for stroke misdiagnosis cases include:
The Illinois Healing Arts Malpractice Act (735 ILCS 5/2‑622) applies to all healthcare professionals, who are required to uphold the standard of care for their specialty. Victims can recover damages for injuries caused by any form of medical malpractice, such as failing to diagnose a medical condition.
Illinois case law, Jones v. Chicago HMO LTD., also clarifies that healthcare management organizations (HMOs) can be held liable for negligent medical decisions that impact patient care.
In this case, a Chicago Heights woman informed her child’s pediatrician that her three-month-old baby was warm, irritable, and constipated. She was required to call the HMO before taking her daughter to the emergency room. The doctor’s nurse mistakenly told the woman to try castor oil, but the baby actually had bacterial meningitis and suffered permanent brain damage as a result of the delayed diagnosis. This system of requiring a phone consultation led to the missed diagnosis and subsequent disability.
Before you file a malpractice claim, you must have an affidavit of merit from a licensed healthcare professional who affirms that the negligent individual failed to uphold their standard of care (735 ILCS 5/2-622).
Illinois uses modified comparative negligence in personal injury suits like medical malpractice (735 ILCS 5/2-622). This means that everyone involved in a suit will be assigned a portion of the blame. You can sue if you were less than 50% responsible for the injury, but your compensation will be reduced by the proportion of blame.
Lastly, it is possible to sue more than one party using the Illinois Joint Tortfeasor Contribution Act (740 ILCS 100/2). All liable parties will share a percentage of the negligence.
Malpractice victims have two years from the date that they knew or should have known that misdiagnosis contributed to their injuries, but no more than four years after the initial event (735 ILCS 5/13-212). If the injury occurred before the victim was 18 years old, they have up to their 22nd birthday to file a claim.
For wrongful death claims, surviving family members have 2 years to file a lawsuit (740 ILCS 180/).
Potentially liable parties can include:
We will thoroughly review your case to identify all liable parties, ensuring that they are held accountable for their failure to intervene.
Hospitals, medical professionals, and insurance companies will aggressively deny liability, using a variety of defenses. Our Chicago medical malpractice lawyers are highly familiar with these tactics and can effectively refute them using evidence, including the following.
Atypical Symptoms: The provider may allege that your symptoms did not match the typical stroke profile, especially if you are younger. We will gather evidence from medical literature to demonstrate that your symptoms were in line with similar cases to yours.
Delay in Seeking Treatment: If you did not immediately seek care, such as not recognizing symptoms, the insurance company will argue that this was the primary cause of your disability. Experts and timeline reviews can eliminate this argument.
Inevitable Outcome: The insurer may claim that prompt diagnosis and treatment would not have reduced the risk of permanent disability or death. However, we can examine medical records and consult with professionals who can attest that fast intervention would have protected you from further harm.
Immediate action is crucial in a malpractice case. Follow these steps as soon as possible to improve your chances of receiving compensation.
Our top-rated attorneys will guide you through the legal process to ensure the best chance of financial compensation. To begin, we will thoroughly review your records, labs, and diagnostics, consulting with top-rated medical professionals in Chicago and nationwide.
After speaking to trusted healthcare providers, we will construct a timeline of events that will demonstrate how your disability is directly connected to the missed or late diagnosis. This can be bolstered by a thorough review of scientific literature about medical errors and their impact on patient outcomes.
We will file claims and lawsuits with the Cook County court system before beginning negotiations with insurers. As we prepare every case as if it is going to trial, we will have a strong advantage when handling insurers. Our ample evidence, experience with complicated medical cases, and powerful track record of success in litigation ensure that you can recover in comfort.
Yes, you may be able to sue medical providers or hospital systems for failing to order the correct diagnostic tests in a timely manner. To prove a medical error, you must have an affidavit of merit from a medical expert who can attest that your doctor provided substandard care.
Patients who suffered harm from a diagnostic error can file a medical malpractice claim. If the person died, our medical malpractice attorneys can help the next of kin file a wrongful death suit.
Medical negligence has four factors: duty of care, breach of duty, causation, and damages.
Duty of care means you had an existing relationship with the healthcare professional, and they were required to uphold a certain standard of care. Breach of duty means they failed to provide an accurate diagnosis in a timely manner. Causation is that your injuries, such as brain damage, were from this inadequate medical treatment. Damages are that you suffered financial or emotional losses, like lost wages or medical bills.
Healthcare negligence cases can take between two to five years to settle, though some will settle sooner. Our attorneys will keep you updated on your case’s progress.
Our medical malpractice attorneys work on a contingency fee basis: no fees unless we win.
A stroke diagnosis can be the difference between life and death, making it even more crucial that healthcare professionals intervene quickly. When doctors fail to provide an accurate diagnosis, they must be held accountable. Our Chicago personal injury attorneys work on a contingency fee basis, meaning you owe us nothing unless we win. Contact Rosenfeld Injury Lawyers for a compassionate, free consultation today.
Specific Cases We Handle
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Champaign, Decatur, Naperville, Rockford and throughout Illinois.
All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.