Failure to Diagnose & Misdiagnosis

Misdiagnosed Chest X-rayLegal Claims Based on Medical Misdiagnosis

We rely on our doctors to listen to our medical complaints, order the necessary tests and make an accurate diagnosis so that we can seek appropriate treatment in the event of serious illness.

If a doctor fails to order appropriate tests or fails to recognize obvious signs of illness, and if a medical misdiagnosis results, then the doctor may be legally responsible for the patient’s unnecessary pain and suffering, medical expenses and loss of quality of life.

Common Types of Medical Misdiagnosis Claims

Various types of cancers, as well as illnesses involving the heart, are the medical conditions that are the most vulnerable to a delayed or missed diagnosis. Early detection of cancers and heart disease is critically important if the patient is to enjoy a high likelihood of successful treatment.

  • Misdiagnosis of breast cancer: Breast cancer can go undetected if a doctor misses persistent lumps in the breast, or if a radiologist fails to properly interpret a mammogram.
  • Misdiagnosis of prostate cancer: Prostate cancer can be missed if the doctor fails to order or properly interpret blood workups to measure the body’s levels of chemicals known as prostate specific antigens (PSAs).
  • Misdiagnosis of stroke or heart attack: The 60 minutes after a stroke or heart attack are known as the “golden hour.” If a patient gets appropriate and thorough medical care within an hour after suffering a stroke or myocardial infarction, the chances of long-term recovery are greatly increased. However, if the doctor misses the signs of impending stroke or heart attack, or if the doctor fails to respond, a viable claim for malpractice based on medical misdiagnosis may exist.

At the Ginzkey Law Office, located in Bloomington, Illinois, we have more than 35 years of experience successfully representing injured people and their families in complex cases of medical malpractice involving failure to diagnose a serious illness. If you have questions about your legal rights regarding a medical malpractice claim involving a medical misdiagnosis or failure to diagnose, contact our office for a complimentary and confidential consultation with Chase T. Molchin and AV®-rated* attorney James P. Ginzkey.


* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.

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