Is a Misdiagnosis Considered Medical Malpractice in Illinois?

IL maplractice lawyer, Illinois medical malpractice attorneyMany people put their trust in healthcare professionals to treat an injury or a specific medical condition. However, mistakes can and do occur, unfortunately. Often considered the most common, most costly, and most dangerous of medical errors, a missed or delayed diagnosis prevents a patient from receiving appropriate medical treatment to prevent his or her ailment from worsening. A misdiagnosis is only considered medical malpractice when a physician acted negligently and took action that another doctor would not have taken given the same circumstances. This can be difficult to prove, but an experienced personal injury attorney can help uncover evidence of this negligence.

Reasons for a Missed Diagnosis or Misdiagnosis

There are several ways that a medical mistake can happen, and although most are unintentional, they can have profound effects on a patient. In some cases, a missed or misdiagnosis can leave someone in worse health than they were before visiting the doctor or hospital. In addition, the timing of it can be critical depending on his or her condition. For example, the timely diagnosis for advanced diseases such as cancer is crucial to provide the necessary treatment such as chemotherapy or radiation, which can stop a malignant tumor from growing or spreading to other body parts.

Besides human error, a few of the main issues that can cause a diagnostic error are:

  • Inadequate training
  • Failure to order proper testing
  • Symptoms mirror other medical conditions
  • Misreading scans or tests (X-rays, C-T scans, MRIs, blood tests)
  • Compromised lab results
  • Contaminated samples
  • Reporting incorrect results to the wrong patient

Test result errors can occur due to faulty equipment or human error. If a lab technician may administer the test inappropriately, or another doctor can misread a scan, they can be held liable. If a doctor’s practice or hospital personnel make a mistake, those facilities can be held responsible.

If a patient suspects that medical negligence occurred in relation to his or her misdiagnosis, it is important to obtain copies of all medical records. A skilled personal injury attorney can review them and consult with subject-matter experts who can identify what exactly went wrong and when the mistake was made.

Contact an Orland Park, IL Personal Injury Attorney

Feeling sick or being in pain is one thing, but suffering injuries due to a misdiagnosis can be downright devastating. That is why it is imperative that you speak to a knowledgeable Illinois medical negligence lawyer as soon as possible. With more than 30 years of legal experience, Attorney James A. Payonk, Jr. has proven success in securing compensation for victims of medical errors. To request a free consultation, call our office today at 708-966-2408.

 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=022500610K10

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