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Chicago Misdiagnosis Attorney

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A timely, accurate diagnosis is the most important aspect of medical care. A patient’s treatment plan and prognosis for recovery depend on the correct and prompt identification of an illness, injury, or medical condition, followed by the appropriate treatment. Unfortunately, misdiagnosis is one of the most common examples of medical malpractice affecting hundreds of thousands of patients each year, including in Chicago.

If you suffered medical malpractice through a misdiagnosed illness, call our Chicago medical malpractice attorneys at Smith LaCien Trial Lawyers, LLP, for experienced legal representation and a free consultation.

Why Choosing Smith LaCien Might Be Right for Your Chicago Misdiagnosis Case

The attorneys at Smith LaCien, LLP, are dedicated to advocating for injury victims, including in complex medical malpractice claims against large medical facilities and their powerful insurance companies. By choosing Smith LaCien, you’ll have the following advantages in your medical malpractice claim:

  • Experienced legal counsel throughout the process, with an attorney and full legal staff working to advance your case to a favorable outcome
  • A history of success in recovering over $3.5 billion for our clients, with over 100 cases ending in settlements or court awards of over $5 million
  • A commitment to assertive legal representation, professional excellence, and compassion for every injured client
  • Access to renowned medical experts to provide crucial supporting evidence in your case

We don’t charge upfront fees to injury victims. Instead, after a free evaluation of your claim, we work at no cost until after we’ve recovered compensation for you in your medical malpractice claim.

What Causes Misdiagnosis?

A misdiagnosis occurs when a doctor or other medical provider incorrectly identifies a patient’s symptoms as the wrong condition. The most common causes of misdiagnosis include the following:

  • Failure to obtain a full medical history
  • Failure to order the proper diagnostic tests
  • Incorrectly interpreting diagnostic test results
  • Inadequate time spent with the patient
  • Failure to refer a patient to a specialist
  • Inadequate or incomplete patient record transfer between facilities
  • Inexperienced medical provider
  • Inadequate patient follow-up
  • Implicit bias (a doctor presumes a patient has a specific condition and fails to adequately consider other causes of the patient’s symptoms)

Misdiagnosis not only fails to treat a patient’s true condition, but it also causes the misdiagnosed patient to undergo treatment for a condition they don’t have, often ending in additional adverse effects as well as the harm caused by the lack of appropriate treatment for their medical condition.

What Conditions Do Doctors Commonly Misdiagnose?

Research from Johns Hopkins Medicine suggests an alarming 100,000 patients suffer permanent disability or death due to misdiagnosis in the U.S. each year. The study identifies the most commonly misdiagnosed medical conditions as follows:

  • Infections
  • Cardiovascular events, such as heart attacks, strokes, venous thromboembolism, and transient ischemic attacks
  • Cancer

Additional research reveals other commonly misdiagnosed conditions, including sepsis, meningitis, aortic aneurysms, multiple sclerosis, and arterial embolisms.

When a doctor fails to make a timely, accurate medical diagnosis, the results can be serious or even deadly for the patient. Conditions such as cancer and many types of cardiovascular disease are curable or effectively treatable when diagnosed and appropriately treated in the earliest stages. Tragically, a misdiagnosis can lead to adverse medical outcomes, including worsened medical condition, reduced life expectancy, or wrongful death.

Proving Medical Malpractice for a Misdiagnosis In Chicago

A successful claim for misdiagnosis requires evidence demonstrating that the doctor, medical provider, or facility failed to uphold the legal standard of care. Meeting this burden of evidence requires showing the following:

  • A doctor/patient relationship was in place at the time the misdiagnosis occurred
  • The medical provider owed a legal duty of care to treat the patient at the care standard accepted by the medical commnity
  • They breached this duty of care through negligence
  • The negligent breach of duty directly caused the malpractice injury
  • The injury victim experienced economic and non-economic damages from the medical malpractice

Damages in misdiagnosis cases are often extensive, including financial hardship and other adverse economic impacts, as well as pain and suffering.

What Damages Can I Recover In a Chicago Medical Malpractice Case for Misdiagnosis?

When someone else causes you physical and financial harm, you don’t have to be left responsible for the consequences, even when the at-fault party is a doctor or hospital. Common damages recovered in medical malpractice claims include the following:

  • Reimbursement for medical expenses
  • Anticipated future medical expenses
  • Out-of-pocket costs related to the misdiagnosis
  • Compensation for lost income
  • Future income loss
  • Diminished future earning ability due to disability
  • Compensation for pain and suffering
  • Compensation for catastrophic injury, such as permanent scarring, loss of an organ, loss of hearing, vision damage, disability, chronic pain, loss of limb, or diminished quality of life

These are the common damages in medical malpractice cases when a misdiagnosis causes injury. If the misdiagnosis caused a loved one’s wrongful death, a successful claim can recover compensation and a sense of justice for the closest surviving family member. Wrongful death compensation includes compensation for funeral and burial expenses as well as the decedent’s lost income for the remaining working years they would have had remaining to them.

What Do I Do If I Suspect a Doctor Misdiagnosed My Condition?

Only when a misdiagnosis causes medical expenses and lost wages does it qualify for a medical malpractice claim. If you suspect that a medical provider misdiagnosed your injury, it’s crucial to do the following:

  • Seek medical attention from a trusted provider who isn’t associated with the facility where the malpractice occurred
  • Obtain a copy of your most recent physical examination before the injury
  • Obtain a copy of the hospital record showing your treatment and hospital stay
  • Keep receipts for all of your injury-related expenses
  • Carefully follow your doctor’s treatment recommendations

Avoiding social media and directing all communication with the defendant and their medical malpractice insurance company benefits your misdiagnosis medical malpractice claim.

Call or Contact Smith LaCien Trial Lawyers, LLP

Proving medical malpractice and seeking the full compensation available for your damages requires experienced legal representation throughout the process of your claim. Call the Chicago personal injury attorneys at Smith LaCien Trial Lawyers, LLP, for prompt action, a strong legal strategy, and a well-executed plan for recovering the maximum compensation available to you.

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