Medical professionals are trusted to diagnose illnesses accurately and provide appropriate treatment. When a doctor gets it wrong, the consequences can be serious, life altering, or even fatal. If you or a loved one received an incorrect or delayed diagnosis, you may be wondering, can you sue a doctor for misdiagnosis?
At Duncan Law Group, our Chicago medical malpractice attorneys help Illinois patients understand their legal rights after a diagnostic error. Our attorneys can explain what qualifies as misdiagnosis, when it becomes medical malpractice, and what legal options are available to injured patients.
What Is Considered a Misdiagnosis?
A misdiagnosis occurs when a doctor incorrectly identifies a patient’s medical condition or fails to diagnose it altogether. This can include diagnosing the wrong illness, overlooking a serious condition, or delaying a correct diagnosis until the patient’s health worsens.
Not every diagnostic error automatically leads to a lawsuit. Medicine is not an exact science, and some conditions are difficult to detect. However, when a doctor fails to follow accepted medical standards, a misdiagnosis may rise to the level of medical malpractice.
Common Types of Misdiagnosis Cases
Misdiagnosis can occur in nearly any medical setting, but some conditions are more commonly involved in malpractice claims. These may include:
- Cancer that goes undetected or is diagnosed too late
- Heart attacks or strokes mistaken for less serious conditions
- Infections that are improperly treated
- Neurological disorders that are misidentified
- Failure to diagnose internal bleeding
- Incorrect diagnosis of appendicitis
- Misreading imaging tests and lab results
This is not an all-inclusive list, but it highlights the types of diagnostic errors that may warrant further investigation in a potential malpractice case.
When Does Misdiagnosis Become Medical Malpractice?
Not every misdiagnosis is legally actionable. For a misdiagnosis to qualify as medical malpractice, it must involve negligence. This means the doctor failed to act as a reasonably careful medical professional would have acted under similar circumstances.
The Legal Standard of Care and How It Is Applied
Under Illinois law, doctors have a duty to provide patients with care that meets the accepted medical standard. The standard of care refers to what a reasonably qualified physician with similar training would do in the same situation.
A doctor may be considered negligent if they ignore symptoms, fail to order appropriate tests, misinterpret test results, or do not refer a patient to a specialist when necessary. If another competent doctor would likely have made the correct diagnosis, the failure may constitute malpractice.
Because establishing medical negligence can be legally complex, it’s best to consult a personal injury attorney who offers a free consultation. At Duncan Law Group, our attorneys can help you determine if you or your loved ones have a viable basis for a case.
Proving Fault in a Misdiagnosis Claim
To succeed in a lawsuit for misdiagnosis, the injured patient must prove the following four legal elements:
- The doctor owed a duty of care to the patient
- The doctor breached that duty by acting negligently
- The breach directly caused harm to the patient
- The patient suffered damages as a result of the misdiagnosis
Proving these elements often requires expert medical testimony. Medical records, diagnostic tests, and treatment timelines are used to show how the error occurred and how it impacted the patient’s outcome.
Examples of Actionable Misdiagnosis Cases
Actionable cases often involve situations where a timely diagnosis would have significantly improved the patient’s prognosis. For example, failing to diagnose cancer at an early stage may allow it to spread, reducing treatment options and survival rates.
Other examples include misdiagnosing a heart attack as acid reflux, leading to cardiac damage, or failing to identify an infection that progresses to sepsis.
In these cases, patients may have grounds for suing a doctor for misdiagnosis because the harm was preventable.
Legal Options for Patients in Illinois
If you were harmed by a diagnostic error, Illinois law provides several legal avenues for seeking compensation. At Duncan Law Group, we can answer your questions and help you understand each of the legal options available to you.
Can You Sue Both the Doctor and the Hospital?
In some cases, yes. A doctor may be individually liable for their negligence. Hospitals may also be responsible under the legal doctrine of vicarious liability if the doctor was an employee or agent of the hospital.
Hospitals can also be directly liable for systemic failures such as inadequate training, understaffing, or poor diagnostic protocols. If you are exploring how to sue a hospital for wrong diagnosis, an experienced medical malpractice attorney can evaluate whether institutional negligence played a role.
How Long Do You Have to Sue for Misdiagnosis?
Illinois has strict deadlines for filing medical malpractice lawsuits. Missing these deadlines can permanently bar your claim. In most cases, the statute of limitations is based on when the injury was discovered.
Key timing rules include:
- Generally, you have two years from the date you knew or should have known about the injury.
- There is a four year statute of repose from the date of the negligent act.
- Minors and certain incapacitated patients may have extended deadlines.
- The discovery rule may apply when the harm was not immediately apparent.
If you believe you may have a misdiagnosis claim, it is important to consult a medical negligence attorney as soon as possible.
What Damages Can You Recover?
Victims of medical malpractice may be entitled to compensation for both economic and non-economic losses. Recoverable damages may include past and future medical expenses, lost income and reduced earning capacity, pain and suffering, emotional distress, and permanent disability.
In severe cases, families may also pursue wrongful death damages if a misdiagnosis leads to a fatal outcome. The value of a claim depends on the severity of harm and the long term impact on the patient’s life.
Steps to Take If You Suspect Misdiagnosis
If you believe a doctor made a diagnostic error, taking prompt action can protect both your health and your legal rights. The following steps may help protect your interests and support a potential malpractice claim:
- Seek a second medical opinion as soon as possible to confirm the correct diagnosis and begin appropriate treatment. Prompt care may prevent further complications and help document the impact of the delay or error.
- Request complete copies of your medical records, including test results, imaging studies, physician notes, and discharge instructions. These records are critical evidence in misdiagnosis cases.
- Keep detailed personal notes about your symptoms, medical appointments, treatment timelines, and how the misdiagnosis has affected your daily life, work, and overall health.
- Avoid confronting the doctor or medical provider directly about the suspected error, as these conversations may be documented or used against you later.
- Do not sign insurance forms, settlement offers, or medical authorizations without legal advice, as doing so could limit your ability to pursue compensation.
- Consult with a qualified medical malpractice attorney who can evaluate your case, explain your legal options, and advise you on what to do when a doctor misdiagnoses you.
Taking these steps early can make a significant difference in preserving evidence, meeting legal deadlines, and determining whether you have a viable claim.
Why Choose Duncan Law Group
Duncan Law Group has over 100 years of combined experience securing hundreds of millions in settlements and verdicts across Illinois.
Founding attorney Robert R. Duncan, recognized as a Top 100 Illinois Super Lawyer, Top 40 Under 40 Trial Lawyer, and Leading Lawyer, leads our team of trial-tested attorneys who consistently outperform insurance defense tactics.
Clients choose us because we transform complicated misdiagnosis cases into accountability:
- Unmatched Credentials: Robert R. Duncan earned Super Lawyer status (top 5% of Illinois attorneys) for 16 consecutive years, Top 100 Trial Lawyer honors, and Top 25 Brain Injury Trial Lawyer recognition, credentials that command respect in courtrooms and negotiation rooms.
- Proven Results: We've secured landmark Top 50 Class Action Settlements and full compensation against major insurers, proving we win when stakes are highest.
- Medical + Legal Mastery: Thorough medical record audits reveal diagnostic failures (missed cancers, strokes, infections) through collaboration with top medical experts who deliver authoritative testimony.
- Trial-Ready Aggression: We don’t back down when negligence is involved. We're prepared for jury trials when insurance companies try to lowball settlement offers.
- Client-First Accessibility: No upfront fees, free consultations, and personalized attention treating clients like family.
Our firm is committed to guiding you through every stage of the legal process with clarity and compassion. We focus on holding negligent doctors and hospitals accountable while helping injured patients and their families pursue compensation and peace of mind.
Speak With an Illinois Medical Malpractice Attorney Today
If you are wondering whether you can sue for misdiagnosis, the answer depends on the specifics of your case. An experienced attorney at the Duncan Law Group can evaluate your situation and explain your options.
Contact us today at (312) 202-3283 to speak with a trusted Chicago medical malpractice attorney. A prompt, no-cost consultation can help protect your rights and your future.
