Taking Legal Action After a Delayed Diagnosis

 Posted on July 14, 2026 in Medical Malpractice

A delayed diagnosis can have devastating consequences. When a serious medical condition is not identified in time, it may progress to a stage where treatment is more difficult or no longer effective.

When this occurs due to a doctor’s negligence, patients may be able to take legal action through a medical malpractice lawsuit. A Palatine, IL medical malpractice attorney can help you take the proper steps when filing a claim in 2026.

When Is a Delayed Diagnosis Considered Medical Malpractice in Illinois?

Properly diagnosing a patient’s condition can often be difficult. People may experience a wide variety of symptoms that can be interpreted in different ways. Because of this, it is possible for a doctor to not give a timely diagnosis and not be guilty of medical malpractice. However, if a doctor fails to give a diagnosis due to negligence of some kind, they may be liable for malpractice.

Legally speaking, a doctor commits malpractice when they fail to meet the standard of care that another competent medical professional with similar training in the same situation would have met.

What Are Common Examples of Delayed Diagnoses in Illinois Malpractice Claims?

If doctors are not certain about a diagnosis, it is their responsibility to take follow-up steps to help them diagnose their patient in a timely and accurate manner. Some forms of medical negligence that could lead to a delayed diagnosis include the following.

Dismissal of Patient Symptoms

While doctors have knowledge and experience that helps them recognize the issues affecting a patient, they should also listen to a person’s concerns and be sure to fully address the symptoms that they are reporting. If a doctor is dismissive of a patient’s concerns, he or she may fail to diagnose a serious illness.

Testing Errors 

A diagnosis may be delayed because a doctor did not order the proper medical tests or procedures, because errors were made during testing, or because a doctor failed to properly interpret test or lab results.

Failure to Refer a Patient to a Specialist 

If a doctor is unsure about a patient’s condition, he or she should provide a referral to another doctor who can review the patient’s symptoms. Specialists may provide a better diagnosis of the issues the person is experiencing. Failing to properly refer a patient may result in that patient not receiving the treatment they need.

Administrative Issues 

Staffing issues or improper record-keeping at a medical facility can cause delays in diagnosis. Breakdowns in communication may reduce staff’s ability to accurately review a patient’s medical history or other relevant records.

If your treatment stalled because your doctor did not adequately address your concerns before your condition worsened, you may have a claim.

What are the Potential Consequences of a Delayed Medical Diagnosis?

The effects of a delayed diagnosis can range from mild to severe or even life-threatening. Potential consequences include:

• Progression or worsening of the undiagnosed condition

• The need for more extensive treatment than would have been necessary if the condition had been diagnosed promptly

• Permanent injury or disability

• Significantly higher risk of death

If the delayed diagnosis allowed a curable condition to become incurable or terminal, this may strengthen the malpractice case.

How Do I Take Legal Action for a Delayed Diagnosis in Illinois? 

If you or a loved one experienced a delayed diagnosis that meets the criteria for medical negligence, you may be able to file a medical malpractice lawsuit. Working with a medical malpractice attorney can significantly strengthen your case.

Your lawyer will need to establish several key elements. These are that a doctor-patient relationship existed and that the doctor failed to meet the standard of care. They must establish that this failure caused your injury. Finally, you must have suffered specific damages (medical bills, lost income, pain and suffering, etc.) as a result.

With a successful case, you may be able to recover compensation for economic damages like past and future medical costs as well as non-economic damages like pain and suffering.

What is the Statute of Limitations for a Delayed Diagnosis?

Illinois has a time limit for filing medical malpractice cases. Generally, the limit is two years from the date of injury or when the injury was discovered or reasonably should have been discovered (735 ILCS 5/13-212). There is also a final four-year cutoff date that typically applies regardless of when the injury is discovered.

There are some exceptions, such as if a foreign object was left inside the patient’s body or if the case involves a minor child. An attorney can advise you on how the statute applies to your specific situation.

Contact a Rolling Meadows, IL Medical Malpractice Attorney

If you believe you have grounds to pursue compensation through a medical malpractice claim, speak with a Palatine, IL personal injury lawyer to understand your options. Our team has many decades of experience and can evaluate your case to see what compensation you deserve. 

We are local attorneys who value our communities and clients. We have recovered millions of dollars in successful verdicts. Call Newland & Newland, LLP at 847-797-8000 today to schedule your free consultation.