Failure to Diagnose Aortic Dissection Medical Malpractice in Chicago

An aortic dissection is one of the most dangerous medical emergencies a person can face. When a doctor fails to diagnose it in time, the consequences can be fatal. If you or someone you love suffered serious harm because a physician missed this diagnosis at a Chicago-area hospital or emergency room, you may have a valid medical malpractice claim. The attorneys at Briskman Briskman & Greenberg, located at 205 W Randolph St., Suite 925, Chicago, IL 60606, represent patients and families throughout the Chicago area who have been harmed by diagnostic failures. Call us at (312) 222-0010 to discuss your situation.

Table of Contents

• What an Aortic Dissection Is and Why Doctors Miss It
• How a Failure to Diagnose Aortic Dissection Qualifies as Medical Malpractice in Illinois
• Illinois Law Requirements for Filing an Aortic Dissection Malpractice Claim
• What Compensation May Be Available in an Aortic Dissection Malpractice Case
• Why Chicago Patients and Families Trust Briskman Briskman & Greenberg
• FAQs About Failure to Diagnose Aortic Dissection Medical Malpractice in Chicago

What an Aortic Dissection Is and Why Doctors Miss It

An aortic dissection happens when a tear forms in the inner wall of the aorta, the large artery that carries blood from your heart through your chest and abdomen. Blood forces its way through that tear and separates the layers of the aortic wall. When blood flow to vital organs is cut off or reduced, the results can include stroke, heart attack, organ failure, or death.

This condition is a true emergency. According to published research, the mortality rate from aortic dissection increases by 1% to 3% per hour without treatment, reaching as high as 25% within the first 24 hours. Every minute without treatment puts the patient at greater risk.

So why do doctors miss it? The classic presentation involves sudden, severe, “tearing” chest pain, but subtle presentations often lead to missed diagnoses. Patients sometimes describe back pain, abdominal pain, or symptoms that look like a heart attack, a pulmonary embolism, or even a panic attack. When a physician fixates on a more common diagnosis and does not consider aortic dissection, the window for life-saving treatment closes fast.

Published reports have found that the misdiagnosis rate of aortic dissection ranges from 14% to 78%, with atypical symptoms being the most critical factor behind those missed diagnoses. That is a staggering range, and it reflects just how often this condition goes unrecognized in emergency rooms and urgent care settings across the country, including right here in Chicago.

The Midwest, which includes Illinois, carries a particularly high burden from this condition. Regional data shows that age-adjusted mortality rates from aortic dissection are highest in the Midwest compared to other U.S. regions. For Chicago patients, that context matters when evaluating whether a hospital or physician met the standard of care.

How a Failure to Diagnose Aortic Dissection Qualifies as Medical Malpractice in Illinois

Not every bad medical outcome is malpractice. To have a valid claim in Illinois, you must show that a healthcare provider failed to meet the accepted standard of care, and that failure directly caused your injury or a loved one’s death. With aortic dissection, the standard of care requires physicians to consider this diagnosis when a patient presents with severe chest or back pain, especially when other risk factors are present, such as high blood pressure, a history of aortic aneurysm, or connective tissue disorders.

A medical malpractice lawyer handling an aortic dissection case will typically look at whether the treating physician ordered appropriate imaging, such as a CT angiogram or a transesophageal echocardiogram. These tests can confirm or rule out a dissection quickly. If a doctor sent a patient home with a diagnosis of musculoskeletal pain, acid reflux, or anxiety when the symptoms pointed to something far more serious, that gap in care can form the basis of a negligence claim.

Illinois medical malpractice law requires that you prove four elements: (1) a doctor-patient relationship existed, (2) the physician deviated from the accepted standard of care, (3) that deviation caused harm, and (4) you suffered damages as a result. In aortic dissection cases, causation is often the most critical element because the condition is so time-sensitive. The high mortality in untreated acute type A aortic dissection stresses the need for prompt diagnosis and immediate surgical treatment. A delay of even a few hours can mean the difference between survival and death, or between a full recovery and permanent disability.

Multiple parties can be liable in these cases. The emergency room physician, the cardiologist on call, the radiologist who read the imaging, and the hospital itself may all share responsibility. Under the medical malpractice attorney framework applied in Illinois, 735 ILCS 5/2-1117 governs how fault is allocated among defendants. Under that statute, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical expenses. Any defendant whose share of fault is 25% or greater is also jointly and severally liable for all other damages, including pain and suffering and lost income.

Illinois Law Requirements for Filing an Aortic Dissection Malpractice Claim

Illinois has specific procedural rules that apply to every medical malpractice case, including those involving a failure to diagnose aortic dissection. Understanding these rules before you file is essential, because missing a deadline or skipping a required step can end your case before it begins.

Under 735 ILCS 5/13-212(a), the Illinois statute of limitations for medical malpractice, you generally have two years from the date you knew or should have known that your injury was caused by medical negligence. However, the law also imposes a four-year statute of repose. Illinois imposes a four-year statute of repose measured from the date of the negligent act or omission, meaning that even if you discover the negligence later, you cannot file a claim more than four years after the malpractice occurred. Waiting too long can permanently bar your right to compensation.

Illinois also requires that a medical malpractice complaint be accompanied by a Certificate of Merit under 735 ILCS 5/2-622. This statute requires that before filing, the plaintiff’s attorney must consult with a qualified health professional who has reviewed the medical records and determined that there is a reasonable and meritorious basis for the claim. That health professional must have practiced or taught in the same area of medicine within the last six years and must be qualified by experience or demonstrated competence in the subject of the case. Without this affidavit and written report attached to the complaint, the case can be dismissed.

If the failure to diagnose an aortic dissection caused a patient’s death, the family may also bring a claim under the Illinois Wrongful Death Act, 740 ILCS 180/1. This statute allows the deceased person’s survivors to seek damages when a wrongful act or neglect caused the death, provided the deceased would have had the right to bring a personal injury claim had they survived. Wrongful death claims in medical malpractice cases are generally subject to a two-year statute of limitations measured from the date of death.

Working with an experienced medical malpractice lawyer from the start ensures that these procedural requirements are handled correctly and that your claim is filed on time.

What Compensation May Be Available in an Aortic Dissection Malpractice Case

When a doctor’s failure to diagnose aortic dissection causes serious harm, the financial and personal losses can be devastating. Patients who survive a delayed diagnosis may face emergency open-heart surgery, extended ICU stays, permanent organ damage, neurological deficits, or paralysis. Families who lose a loved one carry both financial and emotional burdens that can last a lifetime.

In a successful Illinois medical malpractice claim, you may be able to recover compensation for past and future medical expenses, including surgery, hospitalization, rehabilitation, and ongoing care. Lost wages and loss of future earning capacity are also recoverable when the injury prevents the patient from returning to work. Pain and suffering, emotional distress, and loss of a normal life are additional categories of damages that Illinois courts recognize.

In wrongful death cases brought under the Illinois Wrongful Death Act, 740 ILCS 180/1, surviving family members can seek damages for the grief, sorrow, and loss of companionship caused by the death. The statute also allows recovery for the economic support and services the deceased would have provided to the family.

Illinois does not currently cap economic damages in medical malpractice cases. The Illinois Supreme Court struck down a prior damages cap as unconstitutional, so there is no fixed ceiling on what a successful plaintiff can recover for medical bills and lost income. Non-economic damages, such as pain and suffering, are also uncapped under current Illinois law.

Every case is different, and the value of a claim depends on the specific facts, the severity of the harm, and the strength of the evidence. A medical malpractice attorney can review your records and give you an honest assessment of what your case may be worth. Briskman Briskman & Greenberg handles medical malpractice cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. You should still be aware that clients may be responsible for certain case costs and expenses, and we will explain all of this clearly when you contact us.

Why Chicago Patients and Families Trust Briskman Briskman & Greenberg

Chicago is home to some of the country’s top medical centers, including hospitals along the Near North Side, in the Medical District near the Illinois Medical Center campus, and major academic health systems on the South Side. Despite the quality of care available, diagnostic failures still happen, and when they do, patients near Millennium Park, in Lincoln Park, in Wicker Park, or anywhere across Cook County deserve experienced legal representation.

Briskman Briskman & Greenberg has represented injured patients and grieving families throughout the Chicago metropolitan area for decades. Our firm understands the medicine behind aortic dissection cases, the legal standards that apply in Illinois courts, and what it takes to build a compelling case against hospitals and physicians who failed their patients.

Aortic dissection malpractice cases are complex. They require a thorough review of emergency room records, imaging reports, physician notes, and nursing documentation. They require qualified medical experts who can explain to a jury why the standard of care demanded a different course of action. They require attorneys who are willing to take on large hospital systems and their insurers. That is exactly the kind of work our firm does.

If your loved one suffered a catastrophic outcome after an aortic dissection was missed at a Chicago-area hospital, or if you survived a delayed diagnosis and are living with permanent consequences, we want to hear from you. Cases involving failure to diagnose life-threatening cardiovascular conditions share important legal and medical principles with related claims involving missed heart attacks, delayed stroke diagnoses, and failures to identify internal bleeding, all of which fall within the broader category of emergency diagnostic negligence that our firm handles.

Contact Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. There is no obligation, and speaking with us does not create an attorney-client relationship. We will listen to what happened, review the facts, and tell you honestly whether we believe you have a claim worth pursuing.

FAQs About Failure to Diagnose Aortic Dissection Medical Malpractice in Chicago

How do I know if my doctor’s failure to diagnose an aortic dissection was malpractice?

The key question is whether your doctor deviated from the accepted standard of care. If you presented to an emergency room or physician’s office with severe chest or back pain, high blood pressure, or other warning signs, and the doctor failed to order appropriate imaging or consider aortic dissection as a possible diagnosis, that failure may constitute negligence. To pursue a claim in Illinois, you need a qualified medical expert to review your records and confirm that the standard of care was breached. The attorneys at Briskman Briskman & Greenberg can help you connect with the right experts and evaluate whether your situation supports a malpractice claim.

How long do I have to file a failure to diagnose aortic dissection lawsuit in Illinois?

Under 735 ILCS 5/13-212(a), you generally have two years from the date you knew or should have known that your injury was caused by medical negligence. Illinois also imposes a four-year statute of repose, meaning no claim can be filed more than four years after the negligent act, regardless of when you discovered it. In wrongful death cases, the two-year period typically runs from the date of death. These deadlines are strict, and missing them can permanently bar your claim. Contact Briskman Briskman & Greenberg at (312) 222-0010 as soon as possible to protect your rights.

Can I sue a hospital if an emergency room doctor failed to diagnose an aortic dissection?

Yes, in many cases the hospital can be held liable along with the individual physician. Hospitals can face liability for the negligence of their employed physicians and staff, for inadequate protocols, and for systemic failures in emergency care. Under 735 ILCS 5/2-1117, multiple defendants found liable in a medical malpractice case can be jointly and severally liable for medical expenses, and defendants with 25% or more of the fault can be jointly and severally liable for all other damages as well. An attorney can investigate all potentially responsible parties and name them in your claim.

What if my loved one died from an aortic dissection that was not diagnosed in time?

If a family member died because a physician failed to diagnose an aortic dissection in time, you may have a wrongful death claim under the Illinois Wrongful Death Act, 740 ILCS 180/1. This law allows surviving family members to seek compensation for grief, loss of companionship, and the financial support the deceased would have provided. Wrongful death claims in medical malpractice cases are generally subject to a two-year statute of limitations from the date of death. Reach out to Briskman Briskman & Greenberg at (312) 222-0010 to discuss your family’s options.

What does the Certificate of Merit requirement mean for my aortic dissection malpractice case?

Under 735 ILCS 5/2-622, every Illinois medical malpractice complaint must be accompanied by an affidavit from the plaintiff’s attorney and a written report from a qualified health professional. That professional must have reviewed the medical records, determined there is a reasonable and meritorious basis for the claim, and must have practiced or taught in the same area of medicine within the last six years. This requirement exists to screen out frivolous claims, but it also means you need experienced legal representation from the start. Briskman Briskman & Greenberg handles this process for clients and works with qualified medical reviewers to build strong, compliant cases from day one.

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