A missed or delayed diagnosis can turn a treatable condition into a permanent disability or a death that never had to happen. At Collins Law Group, our Illinois misdiagnosis and failure-to-diagnose lawyers represent patients and families across the state when a doctor, hospital, or other provider failed to recognize a serious condition in time. We focus on the cases with life-altering consequences, and we have recovered more than $1.5 billion for injured clients throughout Illinois. Learn more about our broader Illinois medical malpractice practice.
Not every wrong or delayed diagnosis is malpractice. A diagnostic error becomes a legal claim when a competent provider, acting within the accepted standard of care, would have reached the correct diagnosis in time to change the outcome, and the failure to do so caused serious harm. These cases generally fall into a few categories: a condition that was missed entirely, a condition that was diagnosed too late, or a condition that was confused with something else, leading to the wrong treatment.
We concentrate on diagnostic failures that lead to permanent injury or death. The most common include:
Illinois law requires more than a bad outcome. To bring a healing-art malpractice claim, your attorney must file an affidavit confirming that a qualified health professional has reviewed the records and prepared a written report finding a reasonable and meritorious basis for the case (735 ILCS 5/2-622). That reviewing professional must practice or teach in the same area of medicine at issue. We work with respected specialists to build these cases from the start, and the failure to file a proper report can result in dismissal.
In Illinois, a medical malpractice claim generally must be filed within two years from the date you knew or reasonably should have known of the injury, a principle known as the discovery rule (735 ILCS 5/13-212). This matters in misdiagnosis cases, where the harm is often hidden until much later. There is also an outer limit, or statute of repose: in no event may an adult case be filed more than four years after the act or omission. Different deadlines apply to claims involving children. Because these deadlines are strict and fact-specific, it is important to speak with a lawyer promptly.
Illinois does not cap the damages available in a medical malpractice case; the Illinois Supreme Court struck down statutory caps on non-economic damages in Lebron v. Gottlieb Memorial Hospital (2010). Depending on the case, compensation may include past and future medical care, lost income and earning capacity, the cost of long-term or in-home care, and the physical and emotional toll of the injury. When a misdiagnosis leads to a permanent disability, our Illinois catastrophic injury lawyers work to account for a lifetime of needs. When it leads to death, we pursue a wrongful death claim on behalf of the family.
We take a limited number of serious medical malpractice cases so we can devote the resources each one demands, from retaining the right experts to taking a case to trial or into federal court when necessary. If you believe a missed or delayed diagnosis caused lasting harm to you or a loved one, contact us for a free, confidential consultation. There is no fee unless we win.
No. A diagnostic error is malpractice only when a reasonably careful provider, following the accepted standard of care, would have reached the correct diagnosis in time to change the outcome. We retain qualified physicians to review the records and determine whether the standard of care was breached and whether that breach caused the harm.
Under 735 ILCS 5/13-212, most medical malpractice claims must be filed within two years of the date you knew or reasonably should have known of the injury, and no more than four years after the negligent act (the statute of repose). Different deadlines apply to minors. Because the discovery rule and these limits are fact-specific, you should speak with a lawyer promptly.
Yes. Illinois requires an affidavit and a written report from a qualified health professional confirming the claim has merit under 735 ILCS 5/2-622 before the case can proceed. We arrange that expert review as part of evaluating your case.
No. The Illinois Supreme Court struck down caps on non-economic damages in Lebron v. Gottlieb Memorial Hospital (2010). Compensation is based on the full extent of the harm, including medical expenses, lost income, and the human cost of a permanent injury or death.
We handle misdiagnosis and failure-to-diagnose cases on a contingency fee. You pay no attorney fee unless we recover compensation for you, and the initial consultation is free.
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