Chicago · Medical malpractice
Chicago cancer misdiagnosis lawyers. What was missed can be found.
When a cancer is found late, the record shows what was seen and when: each scan and how it was read, each result and what was done about it, each biopsy and how it was read. Those images, slides and reports can be read again. Illinois limits the time you have to bring a claim.
A delayed diagnosis claim, in four numbers
- 2 years
from when you knew, or should have known, of the injury
735 ILCS 5/13-212(a) (opens in a new tab) - 4 years
the outer limit in most adult cases, counted from the care itself and not from the diagnosis
735 ILCS 5/13-212(a) (opens in a new tab) - 10 years
the least time a laboratory must keep slides cut from biopsy tissue. Slides of cell samples have a shorter minimum
42 CFR 493.1105 (opens in a new tab) - 1 report
from a reviewing health professional is required for each defendant named in the suit
735 ILCS 5/2-622 (opens in a new tab)
Cancers we review
- 01
Lung cancer
A chest X-ray or CT finding that went unseen, unreported or without follow-up.
Explore lung cancer - 02
Breast cancer
A mammogram or biopsy that was misread, or a lump that was not followed up.
Explore breast cancer - 03
Colorectal cancer
A symptom or positive stool test left without follow-up, and what a colonoscopy can miss.
Explore colorectal cancer - 04
Prostate cancer
An elevated PSA that no one acted on, and what a biopsy can miss.
Explore prostate cancer - 05
Melanoma
A spot taken for something harmless, or a biopsy read as less serious than it was.
Explore melanoma
What to do this week
- Step 1
Ask for the records and the images
Request the complete chart in writing, and ask separately for the scans themselves and for the pathology reports. A report is one reading of a scan or a slide. The original can be read again.
- Step 2
Write the timeline down
Each visit and each test, what you were told about the result, and when the cancer was finally found.
- Step 3
Bring us the dates
Illinois counts one of its deadlines from the date of the care, however late the cancer was found. Tell us when the tests were done and we will tell you where things stand.
The trial team
Total recovered across all matters
Firm-wide total across all matters. Past results do not guarantee a future outcome.
Adam J. Zayed
Founder & Managing Trial Attorney
Julian D. Hoshell
Partner
Jeremy D. Lee
Partner
Andrew D. Miller
Partner
Michael N. Folga
Partner
Jeff Tabares
Partner
Christine “Chris” Kim
Partner
Shaun R. Bushing
Partner
Sean Imran
Associate Attorney
Frequently Asked Questions
The short answer
How do you know whether a late cancer diagnosis was malpractice?
Not from the delay alone. Illinois law asks whether a provider did what an ordinarily careful professional would have done, and that generally has to be shown through expert testimony (opens in a new tab). The starting point is the record: the scans, the slides and the reports, which another physician can read again. A health professional must then review the records and report in writing that the case has merit (opens in a new tab).
How long do I have to bring a claim in Illinois?
Illinois generally allows 2 years from when you knew, or reasonably should have known, of the injury, and no more than 4 years from the care itself (opens in a new tab). The 4 years run from the act or omission, and the Illinois Supreme Court has said that limit can bar a claim before the patient discovers the injury (opens in a new tab). Children have a different limit (opens in a new tab), and claims against state or federal hospitals follow their own rules.
Is every late diagnosis malpractice?
No. A normal result does not always mean that no cancer was there. In a study of screening mammograms read in U.S. community practice from 2007 to 2013, sensitivity was 86.9% (opens in a new tab), so some cancers that were present were not flagged. A claim exists only where a provider fell below the standard of care and that failure caused harm. Finding out which it was is what the review of the record is for.
How do I get the scans and the pathology slides?
Ask in writing, and ask for the images themselves as well as the reports. Illinois gives a patient the right to examine and copy their own hospital records (opens in a new tab), and the hospital generally has 30 days to respond. A mammography facility must transfer the original mammograms at the patient’s request (opens in a new tab).
Can the hospital be responsible for a doctor it does not employ?
It can be. The Illinois Supreme Court has held that a hospital may be liable for a physician who is an independent contractor unless the patient knew, or should have known, of that arrangement (opens in a new tab). The patient has to show that the hospital presented the doctor as its own, and that the patient looked to the hospital for the care.
What does it cost to talk to a lawyer?
Nothing. The case evaluation is free, and there is no fee unless we win.