Delayed diagnosis occurs when a medical professional deviates from the standard of care, resulting in a significant lag between symptom onset and treatment. This can have severe or even deadly consequences, allowing the condition to worsen or reducing treatment effectiveness. Unfortunately, these often preventable mistakes can lead to poor outcomes, which is particularly true for progressive diseases, such as cancer or infections.
You have the right to pursue payment if a provider’s negligence caused you harm, and the support of an experienced medical malpractice attorney from Schlack & Bassmaji could help you get justice. Contact our team today to consult a Waukegan delayed diagnosis lawyer who could review your case and communicate your options.
There are various reasons for delays in diagnosis, often involving a combination of patient, provider, or system-related factors.
Provider-related causes of delays include mistakes in the initial diagnosis, particularly for rare conditions or when there are few symptoms. Overlooking alternatives may occur because of cognitive biases arising during the initial consultation or recall biases when treating recent cases. Misinterpreting results or failing to order appropriate tests, follow up, or refer the patient to specialists can all lead to delays in correctly diagnosing and treating serious conditions.
System-related factors that delay the identification and diagnosis of illnesses include poor communication among providers, such as failing to relay test results. Overburdened health care systems are another typical problem, with long wait times for test results, appointments, or specialist referrals. Other challenges include understaffing, equipment issues, and a lack of standardized processes.
Patient-related issues that could lead to a delay include failing to recognize the symptoms as serious or mistaking them for something else, such as stress or fatigue. Fear of receiving a serious diagnosis is also common.
Competing priorities, such as work and family, can cause significant delays in seeking care. Finally, the cost of medical care, lack of insurance, or transportation issues can all contribute to delays in seeking care and receiving an appropriate diagnosis. After reviewing the case details, a late diagnosis attorney from our Waukegan team could answer your specific questions about the process and your legal options.
The discovery rule can be crucial for claims resulting from delayed diagnosis, where the harm or even the symptoms of potential injuries may not be immediately apparent. While the Illinois Statutes Chapter 735 Civil Procedure § 5/13-212 requires that you commence legal action within two years of the date of the medical treatment, care, or procedure, it also provides an exception for discovery.
This means the time frame for filing a claim starts when you reasonably connect worsening symptoms to the possible medical error, rather than from the date of the treatment. However, it is also essential to file within four years, as that is the maximum time limit under the statute of repose. The court will not accept any claim filed more than four years after the date of the negligent provider’s medical services.
There are also special rules and exceptions for those under 18 at the time of the malpractice, which extend the statute of limitations by up to eight years. However, the patient must file the suit before they turn 22.
If a provider tries to conceal errors, the time does not start until the malpractice is discovered. Our compassionate lawyers have experience handling delayed disease identification cases in Waukegan and could review the statutes and exceptions during your consultation.
If you suffered harm because of medical malpractice, you have every right to expect the responsible party to cover your damages and losses. When they fail to provide each patient with the accepted standard of health care, and people suffer the consequences, the court should hold them accountable.
A diligent Waukegan delayed diagnosis lawyer from our team at Schlack & Bassmaji could help you through the process, providing guidance and support every step of the way. Please contact our office today to schedule an appointment and learn more.
