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Unnecessary imaging procedure medical malpractice in Chicago
Medical imaging technology has transformed modern healthcare, giving doctors powerful tools to diagnose illness and injury. However, when imaging procedures are performed without a clear medical need, patients can be exposed to unnecessary risks, anxiety, costs, and sometimes even harm. If you or a loved one has suffered injury or complications because of an unnecessary imaging procedure in Chicago, it’s important to know your rights under Illinois law and what options are available for seeking justice and compensation.
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Understanding Unnecessary Imaging Procedures and Their Risks
Medical imaging includes X-rays, CT scans, MRIs, and ultrasounds, all of which are designed to help healthcare professionals diagnose and treat medical conditions. In most cases, these procedures are invaluable. But when they are performed without medical necessity—whether due to error, miscommunication, financial incentives, or negligence—the consequences can be far-reaching.
Why do unnecessary imaging procedures happen? Sometimes, doctors order imaging “just to be safe,” even when clinical guidelines don’t support it. In other situations, hospital policies or defensive medicine practices can lead to excessive testing. There are also rare cases where profit motives influence decisions. For patients, the risks from these unnecessary procedures are real and include exposure to radiation, allergic reactions to contrast agents, and the stress and anxiety of additional findings that may be harmless but lead to more invasive testing.
If you believe an imaging test was performed without clear medical justification and resulted in harm, you may have grounds for a medical malpractice claim in Chicago, Illinois.
How Illinois Law Addresses Medical Malpractice in Imaging Procedures
Illinois law provides a path for patients to seek compensation when they’ve been harmed by unnecessary or negligent medical care, including imaging procedures. But proving medical malpractice in these cases requires more than just showing that a test was unnecessary. You must demonstrate that the healthcare provider acted outside the standard of care—in other words, that a competent professional in the same situation would not have ordered the procedure—and that this deviation caused your injury.
Under 735 ILCS 5/2-622, Illinois law requires that, before you can pursue a medical malpractice lawsuit, you must attach an affidavit to your complaint. This affidavit must state that a qualified health professional has reviewed your case and believes that reasonable cause exists to file the action. The health professional should have experience in the same area of medicine as the defendant, ensuring they are well-positioned to judge the appropriateness of the imaging procedure.
Additionally, there are strict time limits—known as statutes of limitations—that apply to medical malpractice claims in Illinois. Typically, you have two years from when you knew or should have known of the injury, but no more than four years from the date of the alleged malpractice. Special rules apply for minors and those with legal disabilities. These legal requirements make it crucial to consult a qualified Chicago medical malpractice lawyer as soon as you suspect malpractice.
Common Harms Caused by Unnecessary Imaging Procedures
You might wonder, “What harm could come from a test that was just extra?” The answer is, sometimes quite a lot. Here are some ways unnecessary imaging can harm patients:
- Radiation Exposure: Repeated or high-dose imaging, such as CT scans, exposes patients to significant radiation, which can increase the risk of cancer over time.
- False Positives and Incidental Findings: Imaging may reveal benign abnormalities that have no clinical impact, but once discovered, they can lead to more invasive procedures, biopsies, or surgeries—each with its own risks.
- Allergic Reactions and Kidney Damage: Some imaging studies require contrast agents that can cause allergic reactions or damage to the kidneys, particularly in vulnerable patients.
- Financial and Emotional Stress: Beyond physical effects, these procedures can lead to unnecessary medical bills and anxiety about potential (often non-existent) health problems.
If you’ve experienced any of these harms as a result of an unnecessary procedure, reach out to a medical malpractice lawyer who can review your situation and help determine the best path forward.
The Process of Proving Medical Malpractice in Chicago
Building a strong medical malpractice case for unnecessary imaging in Chicago involves several key steps. First, your legal team will obtain your medical records and consult with a qualified health professional to determine whether the imaging procedure was justified by your symptoms, history, and current medical guidelines. If it’s determined the procedure fell short of accepted standards, your medical malpractice attorney will file a lawsuit on your behalf, including the required affidavit and medical report.
Throughout the legal process, your attorney will establish several critical elements:
- Duty of Care: The provider owed you a duty to follow accepted medical standards.
- Breach of Duty: The provider failed to meet those standards by ordering an unnecessary test.
- Causation: The breach directly caused your injury or harm.
- Damages: You suffered actual losses, such as additional medical bills, emotional distress, or physical injury.
These cases often rely heavily on expert testimony from experienced health professionals, who can explain why the imaging was unnecessary and illustrate the link between the error and your harm. The right medical malpractice lawyers will have access to respected medical experts and know how to present a compelling case.
What Compensation Can You Recover in an Unnecessary Imaging Malpractice Lawsuit?
If you are successful in your claim, Illinois law allows you to recover damages for a broad range of losses. This can include:
- Medical expenses: Costs for treating injuries or complications caused by the unnecessary imaging or follow-up procedures.
- Lost wages: If you missed work due to injury or additional treatment.
- Pain and suffering: Compensation for the emotional distress, anxiety, and physical pain you endured.
- Future medical care: If your injury results in long-term health consequences.
Every case is unique, and the compensation you may be entitled to depends on the specifics of your injury and losses. An experienced medical malpractice lawyer can help you understand the value of your claim and what to expect throughout the legal process.
If you’re looking for a trusted Chicago personal injury lawyer to guide you through an unnecessary imaging procedure malpractice claim, Briskman Briskman & Greenberg stands ready to help. Our team combines deep knowledge of Illinois law with a personal commitment to every client.
FAQs About Unnecessary Imaging Procedure Medical Malpractice in Chicago
What should I do if I think I had an unnecessary imaging procedure?
Start by obtaining copies of your medical records and documenting any problems you’ve experienced since the procedure. Then, contact a medical malpractice lawyer to review your case. They can help you determine if your situation meets the criteria for a medical malpractice claim under Illinois law.
Are all unnecessary imaging procedures considered malpractice?
No, not every unnecessary test qualifies as malpractice. For a successful claim, you must show that the provider’s decision deviated from accepted medical standards and that you suffered harm as a result. A qualified attorney can help evaluate whether your case meets these criteria.
Can I sue for emotional distress caused by an unnecessary imaging test?
Yes, if you suffered significant anxiety, stress, or other emotional harm because of the unnecessary procedure or its consequences, you may be able to recover compensation for emotional distress as part of your damages.
How long do I have to file a lawsuit for unnecessary imaging malpractice in Illinois?
Generally, you have two years from the date you knew or should have known about the injury, but no more than four years from the date of the incident. There are exceptions for minors and those legally disabled. Promptly consulting a medical malpractice attorney is the best way to protect your rights and ensure your claim is filed in time.
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