Can I Sue for a Delayed Diagnosis in Illinois?

 Posted on September 25, 2025 in Medical Malpractice

When you go to the doctor, you need to trust that any medical issue will be found and treated in time. But when a doctor does not recognize the signs of a serious illness, the delay can cause your health to get much worse. A condition that could have been managed early may become life-threatening, and the treatments can be more painful, costly, or less effective if you begin them later.

In Illinois, patients may be able to file a medical malpractice claim if a delayed diagnosis leads to harm. These cases are not simple, but patients have the right to hold negligent healthcare providers accountable. If this happened to you or a loved one, a Mount Prospect, IL medical malpractice lawyer can explain your legal options.

What Is a Delayed Diagnosis in Medical Malpractice Cases?

A delayed diagnosis means a doctor failed to detect a condition when another reasonably careful doctor would have. This can happen when early warning signs of cancer are overlooked, a heart condition is not tested for in time, or an infection is not treated until it becomes severe.

Not every delay is malpractice. To succeed in a claim, you must show that the delay directly caused harm that would not have occurred if the condition had been diagnosed earlier. For example, if cancer spreads because it was not found during routine screenings, the patient may face a much more difficult recovery. This link between the delay and the harm is what makes a delayed diagnosis case legally valid.

When Does a Medical Mistake Become Malpractice in Illinois?

Illinois law sets strict requirements for medical malpractice lawsuits. Under 735 ILCS 5/2-622, patients must file an affidavit of merit. This means that another medical professional must review what happened and confirm in a report that you may have a valid malpractice claim.

This requirement was created to prevent weak or unfounded cases from being filed, but it also makes it important to have an attorney who knows the process. If the affidavit is not prepared correctly, your case could be dismissed. An experienced lawyer can work with the right experts and ensure all documents are complete and filed on time.

What Damages Can You Get for a Delayed Diagnosis?

If malpractice is proven, you may be entitled to compensation for things like:

• Medical bills for extra treatment caused by the delay

• Lost income if you could not work while your condition worsened

• Pain and suffering from the illness and its complications

• Wrongful death damages if a loved one passed away

Every case is unique, and the damages you could receive depend on what happened. The goal is to help restore what you lost and to hold healthcare providers responsible for the harm their mistakes caused.

Contact a Mount Prospect, IL Delayed Diagnosis Lawyer

If you believe a delayed diagnosis harmed you or your loved one, you should get legal help. At Adler Injury Law, Ltd., we handle malpractice cases with care and determination. Call a Cook County, IL medical malpractice attorney at 312-236-2700 today to schedule a free consultation.