When we go to a doctor, we trust that they’ll act quickly and appropriately in diagnosing and treating our health concerns. But sometimes, delays in care can have devastating — even life-threatening — consequences. In some cases, those delays cross the line from poor care to medical malpractice.
If you or a loved one suffered harm due to a delayed diagnosis or treatment in Illinois, you may be wondering if you have a legal case. Here’s what you need to know about when a doctor’s delay becomes a lawsuit.
What Is Considered a Delay in Treatment?
A delay in treatment happens when a healthcare provider fails to take timely action, causing a patient’s condition to worsen. This can occur in many forms, such as:
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Failing to order appropriate tests
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Not recognizing or acting on abnormal results
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Miscommunication between providers
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Delays in referring the patient to a specialist
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Postponed surgeries or treatments despite clear symptoms
Some delays may be reasonable depending on the situation, but when that delay results from negligence and leads to harm, it may be grounds for a malpractice claim.
When Is a Delay Considered Medical Malpractice?
To be considered malpractice under Illinois law, a delay in care must meet certain legal standards. You’ll need to prove:
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There was a doctor-patient relationship
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The provider failed to meet the accepted standard of care — meaning another competent doctor would have acted differently under similar circumstances
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The delay directly caused harm, such as progression of disease, need for more aggressive treatment, permanent injury or death
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You suffered damages, such as medical expenses, lost income, or pain and suffering
A key factor in these cases is whether the delay changed the outcome for the patient. If the delay made no difference in the condition or recovery, it’s unlikely to be considered malpractice.
Common Conditions Impacted by Delays
Delays in diagnosing or treating certain medical conditions are more likely to result in serious harm. These include:
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Cancer (especially when early detection greatly improves outcomes)
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Heart attack or stroke
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Infections like sepsis
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Blood clots or internal bleeding
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Surgical complications
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Pregnancy-related emergencies
For example, failing to promptly diagnose cancer can mean a disease that might have been treatable becomes terminal. In such cases, the delay can be life-altering and legally actionable.
Who Can Be Held Liable?
Liability in a delay-of-treatment case can fall on:
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Doctors or specialists who failed to diagnose or act promptly
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Hospitals for understaffing, miscommunication, or delayed referrals
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Nurses or support staff who ignored critical symptoms or failed to report them
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Clinics or labs that delay test results
Sometimes, multiple parties share responsibility. A thorough investigation can determine exactly who is at fault.
What Should You Do If You Suspect Malpractice?
If you believe a delay in your medical care caused serious harm, take these steps:
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Get a copy of all relevant medical records
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Write down a detailed timeline of what happened
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Seek a second medical opinion
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Contact an experienced medical malpractice attorney
You have a limited time to file a claim. In Illinois, the statute of limitations is generally two years from when the malpractice was discovered or reasonably should have been discovered.
How the Dinizulu Law Group Can Help
Proving that a delay in treatment amounts to malpractice requires deep legal and medical knowledge. At the Dinizulu Law Group, we work with trusted medical experts to uncover the truth and fight for the justice you deserve. If you believe a delay in your diagnosis or treatment caused you or a loved one harm, contact us today at (312) 384-1920 for a confidential consultation.
