Failure to Diagnose Blood Clots Medical Malpractice in Chicago

A missed blood clot diagnosis can cost someone their life. Venous thromboembolism (VTE) is a leading cause of preventable hospital death in the United States. When a doctor, emergency room physician, or hospital fails to identify a blood clot in time, the consequences can be catastrophic, and the patient’s family is left asking why. If you or someone you love suffered serious harm because a healthcare provider failed to diagnose a blood clot, you may have a medical malpractice claim under Illinois law. The team at Briskman Briskman & Greenberg, located at 205 W Randolph St., Suite 925, Chicago, IL 60606, represents patients and families across the Chicago area in exactly these situations. As a Chicago abogado de lesiones personales firm with decades of experience, Briskman Briskman & Greenberg is ready to fight for the compensation you deserve.

Table of Contents

• What Is a Failure to Diagnose Blood Clot and Why Does It Happen?
• The Serious Harm That Follows a Missed Blood Clot Diagnosis
• How Illinois Law Defines Medical Malpractice in Blood Clot Cases
• Filing Deadlines for Blood Clot Malpractice Claims in Illinois
• What Compensation Is Available in a Blood Clot Malpractice Case
• FAQs About Failure to Diagnose Blood Clots Medical Malpractice in Chicago

What Is a Failure to Diagnose Blood Clot and Why Does It Happen?

Venous thromboembolism (VTE) refers to blood clots in the veins, and it includes both deep vein thrombosis (DVT, a blood clot in the deep veins most commonly in the legs) and pulmonary embolism (PE, a blood clot in the lungs). A failure to diagnose occurs when a doctor or other healthcare provider does not identify the clot in time to prevent serious harm, even though the warning signs were present.

Symptoms of PE vary and are often nonspecific, including shortness of breath, chest pain, cough, and fainting. These symptoms overlap with many other conditions, which is part of why blood clots get missed. But overlap is not an excuse for negligence. Doctors are trained to recognize risk factors and use established diagnostic tools.

Diagnosis combines clinical probability scoring systems like the Wells and Geneva criteria with tests such as D-dimer levels, CT pulmonary angiography, and ultrasound. When a physician skips these steps, fails to order the right tests, or dismisses a patient’s symptoms without proper evaluation, that failure can rise to the level of medical malpractice.

There are other conditions with signs and symptoms similar to those of DVT and PE. For example, muscle injury, cellulitis, and inflammation of veins just under the skin can mimic DVT, while heart attack and pneumonia can have signs and symptoms similar to PE. A trained provider must work through these possibilities rather than stopping at the first plausible explanation. When they do not, patients pay the price.

Blood clot misses happen in emergency rooms, primary care offices, and hospital settings throughout Chicago, from facilities near Michigan Avenue to hospitals serving neighborhoods on the South and West Sides. The failure to order appropriate diagnostic testing is one of the most common breakdowns, and it is one that a skilled abogado de negligencia médica can help you prove.

The Serious Harm That Follows a Missed Blood Clot Diagnosis

Sudden death is the first symptom in about one quarter (25%) of people who have a pulmonary embolism. That statistic alone shows how quickly things can go wrong when a blood clot goes undetected. A patient who walks into an ER with leg swelling and shortness of breath may not walk out if the clot is missed.

An estimated 60,000 to 100,000 Americans die of VTE each year. Many of those deaths are preventable. Treatment for blood clots, including anticoagulant medications, works well when the clot is caught early. Delay eliminates that window.

Among people who have had a DVT, one third to one half will have long-term complications, known as post-thrombotic syndrome, such as swelling, pain, discoloration, and scaling in the affected limb. These are not minor inconveniences. They are chronic, life-altering conditions that affect a person’s ability to work, move, and enjoy daily life.

A pulmonary embolism occurs when part of a DVT clot breaks off and travels to the lungs, which can be life-threatening. VTE is often recurrent and can lead to long-term complications such as post-thrombotic syndrome after a DVT or chronic thromboembolic pulmonary hypertension after a PE. Chronic thromboembolic pulmonary hypertension is a serious, permanent condition that damages the heart and lungs.

More than a third of VTE cases diagnosed each year are related to a recent hospitalization, and most of these do not occur until after discharge. This means hospitals and treating physicians have an obligation to recognize patients at risk before they are sent home. Failing to do so is a failure of the standard of care.

Families in Chicago who have lost a loved one to an undiagnosed blood clot, or who are watching a family member cope with permanent disability, deserve to know whether negligence played a role. Consulting with a abogado de negligencia médica is the first step toward getting that answer.

How Illinois Law Defines Medical Malpractice in Blood Clot Cases

Medical malpractice in Illinois is a legal claim that a healthcare provider failed to meet the accepted standard of care, and that failure caused harm to the patient. In a blood clot case, this means showing that a reasonably competent doctor in the same situation would have recognized the signs of DVT or PE and taken action, and that this doctor did not.

Illinois law requires specific steps before a medical malpractice lawsuit can be filed. Under 735 ILCS 5/2-622, the Healing Art Malpractice statute, a plaintiff must attach an affidavit to the complaint stating that a qualified health professional has reviewed the case. That reviewing professional must have determined, in a written report, that there is a reasonable and meritorious basis for the claim. The reviewing professional must be knowledgeable in the relevant area of medicine and must have practiced or taught in that area within the last six years.

This requirement exists to screen out frivolous claims. It also means that building a blood clot malpractice case requires real medical expertise from the start. At Briskman Briskman & Greenberg, the team works with qualified medical professionals to evaluate whether the care you received fell below the accepted standard.

Illinois also has joint liability rules that matter in these cases. Under 735 ILCS 5/2-1117, 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 jointly and severally liable for all other damages as well. This matters when multiple providers, such as an ER doctor, a hospitalist, and the hospital itself, all played a role in the missed diagnosis.

Working with a abogado de negligencias médicas who understands these statutes is essential. The rules are specific, and missing a procedural requirement can end a valid claim before it starts.

Filing Deadlines for Blood Clot Malpractice Claims in Illinois

Illinois law sets strict time limits for medical malpractice claims, and missing those deadlines means losing your right to recover compensation entirely. Under 735 ILCS 5/13-212(a), an Illinois medical malpractice action generally must be brought within two years after the claimant knew, or through reasonable diligence should have known, of the injury or death for which damages are sought.

In most Illinois medical malpractice cases, the deadline is two years from when the patient knew or reasonably should have known of the injury and its connection to medical care, but there is usually a four-year outside limit from the act or omission. This four-year limit is called the statute of repose. It can cut off your claim even if you only recently learned that negligence was involved.

Blood clot cases can be tricky when it comes to timing. A patient may be discharged from a hospital near Millennium Park or Northwestern Memorial and suffer a fatal pulmonary embolism days later. The family may not immediately connect that death to a missed diagnosis in the hospital. The discovery rule gives some flexibility, but the four-year repose period is an absolute ceiling for most adult claims.

For minors, 735 ILCS 5/13-212(b) allows more time, generally up to eight years after the act or omission, but not after the minor’s 22nd birthday. Wrongful death claims arising from a missed blood clot diagnosis carry their own deadline. Under 740 ILCS 180/2(d), wrongful death claims must be filed within two years of the date of death.

Do not wait to find out whether you still have time. Contact a abogado de negligencia médica at Briskman Briskman & Greenberg as soon as possible. Early action preserves evidence, allows for proper expert review under 735 ILCS 5/2-622, and keeps your options open.

What Compensation Is Available in a Blood Clot Malpractice Case

A successful medical malpractice claim for failure to diagnose a blood clot can result in compensation for a wide range of losses. These include past and future medical expenses, lost wages, loss of earning capacity, pain and suffering, and, in wrongful death cases, loss of companionship and financial support for surviving family members.

Illinois law does not cap economic damages in medical malpractice cases. Medical bills for treating a pulmonary embolism, long-term rehabilitation, and ongoing care for conditions like chronic thromboembolic pulmonary hypertension can be substantial. Your claim should reflect the full scope of what you have lost and what you will continue to lose.

Attorney fees in Illinois medical malpractice cases are governed by 735 ILCS 5/2-1114, which caps the total contingent fee for the plaintiff’s attorney at 33 1/3% of all sums recovered. This means you will know upfront what the fee structure looks like. Briskman Briskman & Greenberg handles medical malpractice cases on a contingency fee basis, meaning you pay no attorney fees unless we recover for you. You may still be responsible for case costs and expenses, so it is important to discuss those details when you call.

If your case involves multiple liable parties, such as a hospital system, an attending physician, and a radiology department that missed a clot on imaging, the joint liability rules under 735 ILCS 5/2-1117 may allow you to recover the full amount of your medical expenses from any defendant whose fault is established. A abogado de negligencias médicas can identify all responsible parties and pursue maximum compensation on your behalf.

Families across the Chicago area, from the North Shore to the South Side, from Oak Park to the Loop, have trusted Briskman Briskman & Greenberg to handle serious medical negligence cases. If a blood clot was missed and someone you love was harmed, call us today at (312) 222-0010 for a free consultation. You can also reach a abogado de negligencia médica at our firm to discuss your situation with no obligation.

FAQs About Failure to Diagnose Blood Clots Medical Malpractice in Chicago

What does a doctor need to do to properly diagnose a blood clot?

A doctor should take a full patient history, assess known risk factors like recent surgery, immobility, or cancer, and apply a clinical scoring tool such as the Wells criteria to estimate the probability of DVT or PE. From there, the standard of care typically requires ordering a D-dimer blood test, a duplex ultrasound for suspected DVT, or a CT pulmonary angiography for suspected PE. Skipping these steps, or dismissing symptoms without completing the evaluation, can constitute a failure to meet the accepted standard of care in Illinois.

Can I file a claim if a loved one died from an undiagnosed pulmonary embolism?

Yes. If a healthcare provider’s negligence caused or contributed to the death, the estate may bring a wrongful death claim under the Illinois Wrongful Death Act, 740 ILCS 180. That claim must generally be filed within two years of the date of death. The estate may also bring a survival action for the harm the deceased suffered before death. Because these cases involve strict deadlines and the 735 ILCS 5/2-622 expert affidavit requirement, it is important to contact an attorney as soon as possible after a loss.

How long do I have to file a blood clot malpractice case in Illinois?

Under 735 ILCS 5/13-212, you generally have two years from the date you knew or reasonably should have known that your injury was connected to a healthcare provider’s negligence. However, no claim can be filed more than four years after the date of the negligent act or omission, regardless of when you discovered it. This four-year statute of repose is an absolute limit for most adult claims. Because the clock can start running sooner than you might expect, it is critical to speak with an attorney right away.

What if the blood clot was missed in a hospital emergency room?

Emergency rooms are one of the most common settings for missed blood clot diagnoses. A hospital ER has a duty to evaluate patients presenting with symptoms consistent with DVT or PE, including leg swelling, shortness of breath, and chest pain. If the ER physician or staff failed to order appropriate tests or discharged a patient without proper workup, both the individual provider and the hospital may be liable. Illinois law allows claims against hospitals as well as individual physicians, and the joint liability rules under 735 ILCS 5/2-1117 may allow recovery from all responsible parties.

Does Briskman Briskman & Greenberg charge upfront fees for blood clot malpractice cases?

No. Briskman Briskman & Greenberg handles medical malpractice cases on a contingency fee basis. Under 735 ILCS 5/2-1114, attorney fees in Illinois medical malpractice cases are capped at 33 1/3% of all sums recovered. You pay no attorney fees unless the firm recovers compensation for you. However, you may be responsible for case costs and expenses, which is something to discuss directly with the firm. To get started with a free consultation, call Briskman Briskman & Greenberg at (312) 222-0010.

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