Chicago Misdiagnosis Attorney

Helping Patients Recover Compensation After Medical Misdiagnosis in Chicago

If you suffered harm because a doctor failed to provide a proper diagnosis, working with an experienced Chicago misdiagnosis attorney team is essential. At Rosenfeld Injury Lawyers, we represent patients whose lives were upended by diagnostic errors, from missed cancer diagnoses to incorrect treatment plans in emergency rooms. 

Our medical malpractice attorneys understand how devastating these mistakes are, not only causing severe medical conditions to worsen but also leaving families burdened with overwhelming medical bills and lost wages. We are committed to helping medical malpractice victims across Chicago pursue fair compensation and hold negligent medical professionals accountable.

Misdiagnosis Settlements & Verdicts Recovered by Our Chicago Law Firm

$12,333,000 — Michael, 47, died after undergoing surgery at a major Chicago medical facility. The hospital staff failed to recognize and treat signs of infection following abdominal surgery. Despite worsening symptoms, doctors delayed intervention, leading to sepsis and organ failure. The settlement reflected both the preventable nature of the misdiagnosis and his family’s financial losses.

$9,000,000 — James, a 63-year-old Chicago resident, went to a local emergency room with severe chest pain. After a brief exam, the doctor didn’t order the necessary tests and discharged him. Hours later, he suffered a fatal heart attack. The family’s wrongful death lawsuit emphasized the doctor’s failure to recognize obvious warning signs.

$5,000,000 — Linda, 55, was treated at a major Chicago medical facility where doctors overlooked a growth on multiple chest x-rays over two years. Her lung cancer progressed to an advanced stage before being diagnosed. The shortened life expectancy due to the delay significantly impacted the case’s settlement value.

Why Choose Rosenfeld Injury Lawyers

Rosenfeld Injury Lawyers is recognized as a leading medical malpractice law firm in Chicago, with a proven track record of success for patients harmed by medical error. Our top-rated misdiagnosis attorneys have recovered millions in settlements and verdicts for victims of diagnostic errors. 

We have been honored by Super Lawyers, hold a perfect 10/10 Avvo rating, and are members of the Million Dollar Advocates Forum. Backed by decades of combined experience, our law firm has the resources and medical experts needed to handle complex medical malpractice cases.

What Are Commonly Misdiagnosed Conditions?

Cancer Misdiagnosis 

Failing to diagnose cancer is one of the most common forms of medical malpractice. Breast cancer, lung cancer, colon cancer, and prostate cancer are frequently overlooked when doctors misread imaging, ignore symptoms, or fail to order follow-up tests. Many errors in diagnosing cancer involve years of lost treatment opportunities, leading to shortened life expectancy.

Heart Attack or Stroke Misdiagnosis

Heart attacks and strokes are often mistaken for minor conditions like indigestion, migraines, or fatigue. Patients can suffer permanent disability or wrongful death if a physician fails to order proper testing or consult other medical professionals. Chicago emergency rooms are especially prone to these diagnostic errors due to rushed examinations and overcrowded facilities.

Infection Misdiagnosis

Serious infections such as sepsis, meningitis, and pneumonia can worsen rapidly without immediate treatment. When medical professionals overlook clear signs of infection or fail to properly read lab results, the consequences can be catastrophic. Delayed or missed diagnoses of infections often lead to organ damage, amputations, or wrongful death.

Failure to Diagnose Blood Clots or Pulmonary Embolism

Blood clots and pulmonary embolisms are emergencies that require prompt recognition. If doctors misdiagnose these conditions as muscle pain or respiratory infections, patients face life-threatening complications. Diagnostic errors, such as failing to order imaging or ignoring family history, can delay treatment.

Pregnancy Complications

Conditions such as gestational diabetes, preeclampsia, or oxygen deprivation during labor can cause permanent birth injuries, including cerebral palsy. When doctors misdiagnose or fail to act quickly, both the mother and child may suffer harm. These medical misdiagnosis cases often involve multiple healthcare professionals and medical facilities.

Other Delayed Diagnoses 

Not all medical misdiagnosis cases involve chronic conditions. Broken bones, internal bleeding, or traumatic brain injuries can be overlooked if emergency rooms rush patients out without proper scans or follow-up. These missed diagnoses often lead to unnecessary surgeries, permanent disability, or long-term physical pain. Our diagnostic error attorneys work with expert witnesses to prove how a physician’s failure to correctly diagnose injuries in a timely manner contributed to further harm.

What Are the Most Common Causes of Misdiagnosis in Chicago?

Medical misdiagnosis occurs for many reasons. One major issue is doctors not ordering proper diagnostic tests, which can prevent an accurate diagnosis of severe medical conditions like cancer or heart disease. Even when tests are performed, errors still happen when providers misread lab results, pathology slides, or imaging scans. Rushed care also plays a role, as many patients suffer harm because a healthcare professional failed to take a thorough history or overlooked apparent symptoms. 

In large hospitals, communication breakdowns between departments often lead to delayed diagnoses or lost medical records. Finally, overcrowded ERs in Chicago create an environment where doctors misdiagnose patients or discharge them without ruling out life-threatening conditions.

What Are the Most Common Injuries Resulting from Misdiagnosis?

The injuries caused by a medical misdiagnosis are often severe and life-changing. Cancer progression is one of the most common outcomes, where a delayed diagnosis reduces treatment options and survival rates. Patients who experience a missed diagnosis of stroke or infection may suffer permanent brain damage. Untreated conditions such as kidney disease, heart failure, or liver damage often lead to organ failure. Infections like sepsis can progress so far that amputation becomes necessary. Sadly, many medical misdiagnosis cases result in wrongful death, leaving families struggling with emotional distress and financial losses.

What Damages Can Medical Malpractice Victims Recover?

Victims of medical negligence have the right to pursue compensation for the full scope of economic damages caused by a doctor’s incorrect diagnosis. A medical malpractice claim may include recovery of past and future medical expenses, such as hospital bills, surgery, rehabilitation, and ongoing treatment. Many medical malpractice victims are unable to work, making recovery for lost wages and diminished earning capacity essential.

Beyond financial costs, the law also recognizes non-economic damages. Patients can seek compensation for pain and suffering tied to advanced disease, permanent disability, or delayed access to life-saving treatment. Emotional distress, mental anguish, and loss of enjoyment of life are often significant in medical misdiagnosis cases.

When a misdiagnosis occurs and results in death, surviving family members may bring a lawsuit under the Illinois Wrongful Death Act, seeking compensation for burial expenses, lost income, and the emotional toll of losing a loved one.

What Is the Average Payout for a Misdiagnosis in Chicago?

The average payout for a medical misdiagnosis lawsuit in Chicago is $5,006,179, with a median of $2,250,000. Reported outcomes range from $50,000 to more than $49 million, showing how widely case values can differ.

The value of a medical malpractice claim depends on several key factors, including:

• Whether the doctor failed to provide a proper or timely diagnosis
• The type of medical condition involved (e.g., breast cancer, lung cancer, stroke)
• The extent of past and future medical bills and treatment needs
• Loss of income and reduced earning capacity
• Permanent disability, disfigurement, or shortened life expectancy
• Whether the misdiagnosis resulted in wrongful death
• Pain, suffering, and emotional distress 

Example Misdiagnosis Cases Filed in Cook County

$6.25 Million — Child Misdiagnosis Leads to Organ Damage

Two-year-old Alana Carr was misdiagnosed with gastroenteritis instead of volvulus at St. Francis Hospital. The delay in diagnosis caused extensive bowel damage, leading to the removal of her bowel and the need for a liver, pancreas, and small intestine transplant. She now faces lifelong complications and diminished life expectancy. The parties settled for $6.25 million.

$3.9 Million — Wrongful Death After Misdiagnosed Post-Surgery Complications

Jesse McDonald, 39, died after elective gastric bypass surgery when hospital staff misdiagnosed internal bleeding as a pulmonary embolism. He was treated with a blood thinner that worsened his hemorrhaging. His estate filed a wrongful death lawsuit, highlighting negligent postoperative care. Cook County reached a mediated settlement of $3.9 million.

$2.7 Million — Stroke Misdiagnosis Causes Permanent Disability

Heather May, 37, suffered permanent right-side weakness, cognitive issues, and mobility impairments after her radiologist misread MRI and CT scans, failing to diagnose artery dissections. She suffered a second, more damaging stroke as a result. Her medical malpractice claim against the physician and his practice was settled for $2.7 million before trial.

$2.25 Million — Infant Misdiagnosis Leads to Wrongful Death

Sixteen-day-old Uriel Delavega was misdiagnosed with colic at Sherman Hospital despite severe symptoms. The following day, he went into shock and died from an undetected congenital heart defect. Jurors found the hospital and ER doctor liable, awarding Uriel’s parents $2.25 million for the loss of their child’s society.

$1.95 Million — Fatal Pancreatitis Misdiagnosis at Chicago Hospital

Isadore “Pinkhouse” Pink Jr., 31, sought treatment for abdominal pain at the University of Chicago Hospital. Doctors diagnosed mild pancreatitis instead of severe acute pancreatitis requiring ICU care. He died the next day. The hospital reached a $1.95 million settlement, divided equally between his two surviving young children.

Why You Need a Chicago Medical Misdiagnosis Lawyer

Pursuing a medical malpractice lawsuit for misdiagnosis is rarely straightforward. Hospitals, doctors, and their insurers aggressively defend these claims, often arguing that a doctor’s failure to diagnose was reasonable or that the patient would have suffered regardless of the error. To succeed, misdiagnosis attorneys must present substantial evidence from medical experts, detailed medical records, and proof that the doctor didn’t provide the proper diagnosis in a timely manner.

In Illinois, all medical malpractice cases must also comply with state requirements, including a review by a qualified healthcare professional before filing. In Cook County Circuit Court, these cases are handled with scrutiny, making experienced representation essential. A misdiagnosis attorney can manage the complex litigation process, confront aggressive defense tactics, and fight to secure compensation for victims who suffered harm due to diagnostic errors.

How Common Is Medical Misdiagnosis?

A major study found that diagnostic errors are among the most dangerous problems in American healthcare, with an estimated 795,000 patients suffering serious harm from diagnostic errors each year. Fifteen dangerous diseases account for more than half of all cases, underscoring how often these mistakes lead to devastating outcomes.

The study highlighted five conditions in particular—stroke, sepsis, pneumonia, venous thromboembolism, and lung cancer—which together make up nearly 39% of all cases involving serious consequences from missed or delayed diagnosis.

Another study found that cognitive errors by doctors were involved in 74% of misdiagnosis cases, while systems-based failures—such as poor communication, inadequate handoffs, or lack of timely testing—played a role in 65%.

Where Do Misdiagnoses Happen Most Often in Chicago?

Misdiagnosis can occur in nearly any medical setting, but certain environments see higher risks. Large hospitals such as Northwestern Memorial, Rush University Medical Center, Stroger Hospital, and University of Chicago Medicinehandle thousands of patients daily, where rushed exams and missed test results can lead to errors. 

Overcrowded emergency rooms in Cook County are especially prone to missed or delayed diagnosis when doctors fail to thoroughly evaluate patient symptoms. Outpatient clinics and urgent care centers may lack the resources for proper testing, while radiology and pathology labs are frequent sources of diagnostic errors from misread imaging or lab results.

What Laws Govern Misdiagnosis Claims in Illinois?

The Illinois Healing Arts Malpractice Act (735 ILCS 5/2‑622) governs medical malpractice cases against doctors and other healthcare professionals. It requires that a certificate of merit from a qualified medical professional be attached to any medical malpractice claim before it can proceed. This ensures that claims are backed by expert review of the medical records, confirming that negligence may have occurred. Without this filing requirement, a case may be dismissed in Cook County Circuit Court or elsewhere in Illinois.

735 ILCS 5/2-1116 often comes into play in misdiagnosis cases when defendants argue the patient contributed to the outcome. If a patient is found more than 50% at fault for their injuries—such as failing to follow medical advice—they cannot recover compensation. If the patient is less than 50% responsible, their damages are reduced in proportion to their fault.

Case law also plays a role. In the case of Jones v. Chicago HMO Ltd., 191 Ill. 2d 278 (2000), the Illinois Supreme Court expanded liability beyond individual physicians to healthcare organizations. The court held that HMOs can be held liable for negligent medical decisions that directly impact patient care. 

This precedent is crucial in misdiagnosis claims, where other medical professionals or organizations—not just the treating doctor—may share responsibility for failing to provide a correct diagnosis or delaying necessary medical treatment.

How Long Do Victims Have to File a Medical Misdiagnosis Lawsuit in Chicago?

Under 735 ILCS 5/13-212, patients generally have two years from the date they knew or reasonably should have known of a misdiagnosis to file a medical malpractice lawsuit. However, no claim can be filed more than four years after the actual act of medical negligence occurred. If the patient were a child, they have until their 22nd birthday to file a medical malpractice claim. 

Under (740 ILCS 180/), if a medical misdiagnosis results in death, surviving family members must file a wrongful death claim within two years of the date of death. These claims may include compensation for burial expenses, lost income, and emotional distress suffered by surviving spouses and children.

Who Is Legally Liable for Misdiagnosis in Chicago?

Legal liability for a medical misdiagnosis in Chicago can extend to several parties. Physicians, including primary care doctors, specialists, and emergency room providers, may be responsible when they fail to accurately diagnose a patient’s symptoms or order appropriate testing. Hospitals and medical groups can also be liable for inadequate policies, poor supervision, or unsafe staffing practices. 

In some cases, diagnostic labs and radiologists face liability for misreading scans, pathology, or test results. Illinois case law, such as Jones v. Chicago HMO Ltd., further establishes that HMOs or healthcare systems may share responsibility when their treatment decisions contribute to patient harm.

Common Defenses in Chicago Misdiagnosis Cases

In Chicago misdiagnosis cases, defendants often raise common defenses to avoid liability. They may argue that the patient failed to disclose a complete medical history, making it harder for the doctor to provide an accurate diagnosis. 

Hospitals frequently claim the illness was too advanced to detect or that the patient’s symptoms were atypical, leaving even diligent doctors unable to recognize the condition. Another defense is comparative negligence, alleging the patient contributed to the harm by delaying medical treatment or ignoring instructions.

Our misdiagnosis attorneys counter these tactics using expert testimony and detailed medical records. Expert witnesses can show that a doctor didn’t order tests that would have revealed the problem, regardless of the history provided. 

Records often demonstrate patterns of overlooked symptoms or ignored red flags. By highlighting a physician’s failure to follow accepted medical standards, our Chicago misdiagnosis lawyer team builds a strong case to prove medical error and secure maximum compensation.

How to Strengthen Your Misdiagnosis Claim

Strengthening a misdiagnosis claim begins with taking proactive steps to protect your rights. Patients should seek a second opinion to ensure a proper diagnosis and start the right course of treatment. It’s also vital to document all medical visits, labs, and imaging results and to obtain complete hospital and diagnostic records. Because Illinois law requires a certificate of merit from a medical professional, consulting with a misdiagnosis attorney early allows for expert review and preserves critical evidence.

How Our Chicago Medical Malpractice Attorneys Can Help

Our Chicago attorneys provide comprehensive support for patients harmed by a medical misdiagnosis. We begin by obtaining and carefully reviewing medical records to identify where errors occurred. From there, we consult with highly qualified medical experts who can explain how a doctor’s failure to provide an accurate diagnosis caused serious harm.

Our legal team handles every step of the process, from filing medical malpractice claims in Cook County Circuit Court to negotiating directly with hospitals and their insurance companies. We work to prove how medical professionals or healthcare systems failed to correctly diagnose your condition promptly.

If a fair settlement cannot be reached, our trial-tested attorneys are prepared to take your case to court.

FAQs

Can I sue for a delayed diagnosis?

Yes. A delayed diagnosis can be considered medical malpractice if the delay caused your condition to worsen, reduced treatment options, or led to serious harm.

Who can file a misdiagnosis lawsuit in Illinois?

A misdiagnosis claim may be filed by patients who suffered harm due to a diagnosis error. If the misdiagnosis led to death, surviving spouses, children, or next of kin may file under the Illinois Wrongful Death Act to recover damages for burial expenses, lost income, and emotional distress.

How do I prove medical negligence for a misdiagnosis claim?

To prove medical negligence in a misdiagnosis claim, four elements must be established. First is duty: a medical professional owed you a duty of care when providing treatment. Second is breach: the doctor failed to meet the accepted medical standard, such as ignoring symptoms or misreading test results. Third is causation: the breach directly caused your injury, such as cancer progression from a delayed diagnosis. Finally, damages must be shown, including medical bills, lost wages, pain and suffering, or wrongful death. Our Chicago misdiagnosis lawyers work with medical experts to prove each element and secure fair compensation.

Should I accept the settlement offer by the insurance company?

Insurance companies often undervalue medical malpractice claims to limit payouts. Accepting too soon may leave you without enough to cover future treatment, lost wages, or long-term care. Always consult an experienced misdiagnosis lawyer before agreeing to a settlement to ensure your rights and compensation are protected.

How long does it take to settle a medical malpractice lawsuit?

The timeline varies widely. Some medical malpractice cases resolve within a year, while others require extensive discovery, expert review, and even a jury trial, taking several years. The complexity of medical records, disputes over liability, and insurance company tactics all influence how long a claim may take.

Will my claim die with me if not settled before my passing?

No. In Illinois, if a medical malpractice case is pending at the time of death, the estate can continue pursuing damages through a survival action. If the misdiagnosis caused the death, the family may also bring a wrongful death lawsuit for additional compensation.

How much does a medical misdiagnosis lawyer cost in Chicago?

Our law firm works on a contingency fee basis, meaning there are no upfront fees. You pay nothing unless we secure compensation through settlement or trial. This allows patients and families to pursue justice with the help of an experienced Chicago personal injury lawyer team without financial risk.

Book a Free Consultation With a Chicago Misdiagnosis Lawyer Near You!

If you or a loved one suffered damages because of a doctor’s incorrect diagnosis, the right legal help can make all the difference. At Rosenfeld Injury Lawyers, our Chicago misdiagnosis lawyers have the experience and resources to hold negligent medical professionals and hospitals accountable. 

We offer a free consultation to review your case, answer questions, and explain your legal options. Call us at (888) 424–5757 or fill out our contact form to speak with an experienced personal injury lawyer in Chicago.

Specific Cases We Handle

• Chicago Medication Error Lawyer
• Chicago Stroke Misdiagnosis Lawyer
• Chicago Surgical Error Lawyer
• Chicago Anesthesia Error Lawyer
• Botched Circumcision Lawsuit

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.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Chicago, Elgin, Schaumburg, 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.