Paragraph – Misdiagnosis is one of the most common types of medical malpractice cases, and your chances of getting justice in the civil courts if it happens to you depend on the state you live in.
Statute of Limitations for Misdiagnosis in Illinois
In Illinois, the discovery rule prevents others from holding you responsible for knowing about harm you couldn’t have discovered.
For example, suppose a healthcare provider in Illinois misses a cancer diagnosis. In that case, you trigger the statute of limitations clock when you discover the misdiagnosis, not when the diagnosis was missed initially.
Statute of Limitations for Misdiagnosis in Missouri
In Missouri, however, the statute of limitations clock begins ticking when you were misdiagnosed, regardless of how long it took to learn it happened. That’s why you must call an attorney even if you only suspect you were misdiagnosed, so an investigation can begin immediately.
For example, some cancers are very slow-growing. So, if you receive treatment five months after a diagnosis is missed, sometimes that doesn’t affect your prognosis or ultimate mortality.
Why Causation Matters in Misdiagnosis Cases
So, it’s not enough to miss the diagnosis, but it has to cause harm. An experienced, skilled trial attorney can establish that. For example, a jury can see that a radiologist missed something. Still, only an attorney can explain to a jury the difference that a missed element meant to a patient’s diagnosis and the resulting harm. In legal terms, that’s called causation, a required component for compensation.
Common Misdiagnosis Scenarios
Another example includes someone walking into a hospital experiencing chest pain. Sometimes the symptoms are very general, and it’s a physician’s job to rule out the most serious condition, such as whether it’s anxiety or a heart attack. That’s called a differential diagnosis – taking steps like an EKG to rule out one diagnosis over another.
People are misdiagnosed all the time and often don’t realize it until their symptoms get worse and they go to a different doctor or end up in an ER, where someone else finds it.
According to the National Institutes of Health, diagnostic error underlies about 10% of adverse events occurring in hospital practice.
How Simon Law Firm Supports Misdiagnosis Victims
Simon Law attorneys are also members of the Missouri Association of Trial Attorneys and frequently lobby lawmakers to improve legislation to hold health care providers accountable. If you believe you’ve been misdiagnosed in Illinois or Missouri, contact Simon Law Firm today.
