{"id":20669,"date":"2026-07-25T19:20:03","date_gmt":"2026-07-25T19:20:03","guid":{"rendered":"https:\/\/www.briskmanandbriskman.com\/practice-areas\/medical-malpractice\/failure-to-communicate-critical-test-results-medical-malpractice-in-chicago\/"},"modified":"2026-07-25T19:20:03","modified_gmt":"2026-07-25T19:20:03","slug":"failure-to-communicate-critical-test-results-medical-malpractice-in-chicago","status":"publish","type":"page","link":"https:\/\/www.briskmanandbriskman.com\/es\/practice-areas\/medical-malpractice\/failure-to-communicate-critical-test-results-medical-malpractice-in-chicago\/","title":{"rendered":"Failure to Communicate Critical Test Results Medical Malpractice in Chicago"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">When a doctor, nurse, or lab technician fails to tell you about a critical test result, the consequences can be life-altering. A missed phone call, a lost lab report, or a breakdown in communication between departments can mean the difference between catching a condition early and facing a far more serious outcome. If this happened to you or someone you love at a Chicago-area hospital or clinic, you may have a valid medical malpractice claim. The team at <a href=\"https:\/\/www.briskmanandbriskman.com\/\">Chicago personal injury lawyer<\/a> firm Briskman Briskman &#038; Greenberg is ready to help you understand your rights and pursue the compensation you deserve.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Table of Contents<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"#what-it-means-when-a-doctor-fails-to-communicate-critical-test-results\">What It Means When a Doctor Fails to Communicate Critical Test Results<\/a><\/li>\n<li><a href=\"#how-illinois-law-defines-medical-negligence-in-these-cases\">How Illinois Law Defines Medical Negligence in These Cases<\/a><\/li>\n<li><a href=\"#the-certificate-of-merit-requirement-under-illinois-law\">The Certificate of Merit Requirement Under Illinois Law<\/a><\/li>\n<li><a href=\"#filing-deadlines-you-cannot-afford-to-miss-in-chicago\">Filing Deadlines You Cannot Afford to Miss in Chicago<\/a><\/li>\n<li><a href=\"#who-can-be-held-liable-when-test-results-are-not-communicated\">Who Can Be Held Liable When Test Results Are Not Communicated<\/a><\/li>\n<li><a href=\"#damages-available-in-a-failure-to-communicate-test-results-claim\">Damages Available in a Failure to Communicate Test Results Claim<\/a><\/li>\n<li><a href=\"#faqs-about-failure-to-communicate-critical-test-results-medical-malpractice-in-c\">FAQs About Failure to Communicate Critical Test Results Medical Malpractice in Chicago<\/a><\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-it-means-when-a-doctor-fails-to-communicate-critical-test-results\">What It Means When a Doctor Fails to Communicate Critical Test Results<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Failure to communicate critical test results is exactly what it sounds like: a healthcare provider receives diagnostic findings that require action, and they never tell the patient. This is not a minor administrative slip. When abnormal lab values, imaging findings, or pathology reports go unreported, patients cannot make informed decisions about their own care.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This failure can happen in several ways. A radiologist at a busy hospital near the Loop may flag an abnormality on a CT scan but never contact the ordering physician. A primary care doctor on the North Side may receive a lab report showing dangerously elevated markers and simply never follow up with the patient. A nurse may receive critical values from the lab but fail to escalate the information to the treating physician in time. Each scenario represents a breakdown in the chain of communication that patients rely on for their safety.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The types of test results most commonly involved include blood work showing signs of infection or organ failure, imaging studies revealing tumors or internal bleeding, pathology reports confirming cancer, and cardiac test results indicating a dangerous arrhythmia or impending heart attack. These are not borderline findings. They are results that demand immediate attention.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Patients often assume that &#8220;no news is good news.&#8221; That assumption is dangerous. Under the rules implemented by the U.S. Department of Health and Human Services, patients have the right to receive their lab test results directly, but that right should never be necessary if a healthcare provider is upholding their legal duty to keep patients informed. When that duty is ignored, serious harm follows, and the law provides a path to hold the responsible parties accountable.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"how-illinois-law-defines-medical-negligence-in-these-cases\">How Illinois Law Defines Medical Negligence in These Cases<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Illinois law holds every healthcare provider to a recognized standard of care. That standard requires doctors, nurses, hospitals, and laboratories to act as a reasonably competent professional in the same field would act under similar circumstances. Failing to communicate a critical test result is a direct violation of that standard.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">To bring a successful medical malpractice claim in Illinois, four elements must be present. First, a doctor-patient relationship must have existed, establishing a duty of care. Second, the provider must have breached that duty by failing to act as a reasonably competent professional would. Third, that breach must have directly caused the patient&#8217;s injury. Fourth, the patient must have suffered actual, measurable harm as a result.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The breach in these cases is often clear. A physician who receives an abnormal biopsy result and takes no action to notify the patient has deviated from accepted medical practice. A lab that reports a critical value but fails to document or confirm that the treating team received it has failed its professional obligations. The harder question is causation: would earlier communication have changed the outcome? In many cases, the answer is yes. Conditions like cancer, sepsis, internal bleeding, and aortic dissection respond far better to early treatment. A delay of even a few weeks can shift a treatable condition into a life-threatening one.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Under 735 ILCS 5\/2-1117, when multiple defendants share fault, they may be jointly and severally liable for a plaintiff&#8217;s past and future medical expenses. This matters in failure-to-communicate cases because more than one party often bears responsibility. The ordering physician, the radiologist, the lab, and even the hospital itself may all have contributed to the breakdown. A skilled <a href=\"https:\/\/www.briskmanandbriskman.com\/locations\/plainfield\/plainfield-medical-malpractice-lawyer\/\">medical malpractice lawyer<\/a> will identify every party whose negligence contributed to your harm.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"the-certificate-of-merit-requirement-under-illinois-law\">The Certificate of Merit Requirement Under Illinois Law<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Before a medical malpractice lawsuit can be filed in Illinois, the law requires a specific procedural step that many patients do not know about. Under 735 ILCS 5\/2-622, the plaintiff&#8217;s attorney must attach an affidavit to the complaint, along with a written report from a qualified health professional who has reviewed the case and concluded that there is a reasonable and meritorious basis for the claim.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This requirement exists for every defendant named in the case. The reviewing health professional must be knowledgeable in the relevant area of medicine, must have practiced or taught in that same area within the last six years, and must be qualified by experience or demonstrated competence in the subject matter. For claims against physicians, the written report must come from a physician licensed to practice medicine in all its branches. A separate certificate and report must be filed for each defendant.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This is not a formality. Failure to comply with 735 ILCS 5\/2-622 can result in dismissal of the entire case. The certificate requirement is one reason why failure-to-communicate cases benefit from early legal involvement. Gathering the right medical expert, reviewing records, and preparing a compliant affidavit takes time. Patients who wait too long may find that gathering the necessary documentation becomes more difficult.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The good news is that this process, while demanding, is manageable with the right legal team. At Briskman Briskman &#038; Greenberg, our attorneys work with qualified medical professionals to review your records thoroughly and build a case that meets every procedural requirement under Illinois law. If you believe a provider failed to tell you about a critical test result, contact us at (312) 222-0010 for a free consultation. Viewing this page does not create an attorney-client relationship.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"filing-deadlines-you-cannot-afford-to-miss-in-chicago\">Filing Deadlines You Cannot Afford to Miss in Chicago<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Illinois law sets strict deadlines for filing a medical malpractice claim, and missing them means losing your right to compensation permanently. These deadlines are governed by 735 ILCS 5\/13-212, which establishes both a statute of limitations and a statute of repose.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Under 735 ILCS 5\/13-212(a), most adults must file their claim within two years from the date they knew, or reasonably should have known, that an injury occurred and that it was connected to a healthcare provider&#8217;s negligence. This is known as the discovery rule. In failure-to-communicate cases, the clock often starts not on the date the test was performed, but on the date the patient finally learned about the abnormal result and its consequences.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">However, the discovery rule has a hard outer limit. No claim can be filed more than four years after the negligent act or omission occurred, regardless of when the patient discovered the harm. This is the statute of repose, and Illinois courts enforce it strictly. If a lab failed to report a critical result in 2022 and you only discovered the error in 2026, you are approaching that four-year boundary and must act immediately.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For minors, 735 ILCS 5\/13-212(b) provides a longer window. A claim involving a minor must generally be filed within eight years of the negligent act, but no later than the minor&#8217;s 22nd birthday. If a healthcare provider intentionally concealed the error, 735 ILCS 5\/13-215 may allow an additional five years from the date of discovery. These exceptions are narrow and require strong factual support. A <a href=\"https:\/\/www.briskmanandbriskman.com\/locations\/decatur\/decatur-medical-malpractice-lawyer\/\">medical malpractice attorney<\/a> can evaluate which deadline applies to your specific situation and make sure your claim is filed correctly and on time.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"who-can-be-held-liable-when-test-results-are-not-communicated\">Who Can Be Held Liable When Test Results Are Not Communicated<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Liability in failure-to-communicate cases rarely falls on just one person. The breakdown usually involves multiple providers and systems, and Illinois law allows claims against each party whose negligence contributed to the harm.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The ordering physician is often the first focus. If a doctor ordered a test, received the results, and failed to act or notify the patient, that physician has breached the standard of care. But the radiologist or pathologist who interpreted the test and failed to flag it as critical may also bear responsibility. In cases involving imaging studies, both the radiologist and the treating physician may share liability for the failure to communicate.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Hospitals and medical facilities can also be held liable. When a hospital&#8217;s internal communication systems, electronic health records, or staff protocols fail to ensure that critical results reach the right people, the institution itself may be responsible. A patient treated at a major medical center near Michigan Avenue or at a community hospital in a Chicago neighborhood like Pilsen or Bridgeport deserves the same standard of care, and a systemic failure to deliver that standard is actionable.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Nursing staff play a role as well. A nurse who receives a critical lab value and fails to notify the treating physician has contributed to the breakdown. Laboratory personnel who fail to follow protocols for reporting critical values add another layer of potential liability. Cases involving pathology errors, where a biopsy result was never communicated to the patient or ordering provider, often involve the lab, the pathologist, and the treating physician simultaneously.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Understanding who is responsible requires a careful review of medical records, communication logs, and hospital protocols. Our <a href=\"https:\/\/www.briskmanandbriskman.com\/locations\/schaumburg\/medical-malpractice-attorney-in-schaumburg\/\">medical malpractice lawyer<\/a> team has the experience to trace exactly where the communication failed and identify every party who should be held accountable. We serve clients throughout Chicago and the surrounding region, and we handle these cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Clients may still be responsible for certain case costs and expenses, which we will explain clearly before you make any decisions.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"damages-available-in-a-failure-to-communicate-test-results-claim\">Damages Available in a Failure to Communicate Test Results Claim<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">When a healthcare provider&#8217;s failure to communicate a critical test result causes harm, Illinois law allows the injured patient to seek compensation for a wide range of losses. These damages fall into two broad categories: economic and non-economic.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Economic damages cover the financial losses directly tied to the negligence. This includes the cost of additional medical treatment that would not have been necessary with timely communication, such as more aggressive cancer treatment due to a delayed diagnosis, emergency surgery that could have been avoided, or long-term rehabilitation costs. Lost wages and reduced earning capacity are also recoverable if the patient&#8217;s condition worsened to the point of affecting their ability to work.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Non-economic damages address the human cost of the negligence. Pain and suffering, emotional distress, loss of enjoyment of life, and the psychological impact of learning that a treatable condition progressed unnecessarily are all compensable under Illinois law. In cases where the failure to communicate a critical result led to a patient&#8217;s death, surviving family members may pursue a wrongful death claim under 740 ILCS 180\/2.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The value of any individual case depends on the severity of the harm, the degree of negligence involved, and the specific facts surrounding the communication failure. No attorney can guarantee a particular outcome, and past results do not predict future ones. What we can tell you is that Briskman Briskman &#038; Greenberg takes every case seriously and pursues the full compensation available under the law. If you or a family member was harmed because a doctor or hospital failed to communicate a critical test result, call us at (312) 222-0010. Our office is located at 205 W Randolph St., Suite 925, Chicago, IL 60606, and we offer free consultations. You can also reach our team if you are looking for a <a href=\"https:\/\/www.briskmanandbriskman.com\/locations\/joliet\/joliet-medical-malpractice-lawyers\/\">medical malpractice attorney<\/a> serving the greater Chicagoland area, including Will County and beyond.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Patients across Chicago, from the Gold Coast to South Shore, from Wicker Park to Hyde Park, trust Briskman Briskman &#038; Greenberg to fight for them when the medical system fails. If you need a <a href=\"https:\/\/www.briskmanandbriskman.com\/locations\/gurnee\/medical-malpractice-lawyer-in-gurnee\/\">medical malpractice lawyer<\/a> who understands the full picture of how these communication failures happen and what they cost, we are here to help.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"faqs-about-failure-to-communicate-critical-test-results-medical-malpractice-in-c\">FAQs About Failure to Communicate Critical Test Results Medical Malpractice in Chicago<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">What counts as a &#8220;critical&#8221; test result that a doctor must communicate?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">A critical test result is any diagnostic finding that indicates a condition requiring prompt medical attention. This includes severely abnormal lab values, imaging findings that suggest cancer or internal bleeding, pathology reports confirming a serious disease, and cardiac test results showing dangerous arrhythmias or heart damage. Medical standards define specific thresholds for what qualifies as critical, and healthcare providers are expected to know and follow those standards. If a result falls within those thresholds and was not communicated, that failure is a serious concern.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Can I sue both the doctor and the hospital if my test results were never reported to me?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Yes, Illinois law allows claims against multiple defendants when more than one party contributed to the failure. The ordering physician, the radiologist or pathologist who interpreted the test, the nursing staff, and the hospital itself may all share responsibility depending on how and where the communication breakdown occurred. Under 735 ILCS 5\/2-1117, defendants who are found to be at least 25% at fault can be held jointly and severally liable for your medical expenses. An attorney can help identify all responsible parties after reviewing your records.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">How long do I have to file a medical malpractice claim in Illinois for a failure to communicate test results?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Under 735 ILCS 5\/13-212(a), you generally have two years from the date you knew or reasonably should have known about the injury and its connection to the failure to communicate. However, no claim can be filed more than four years after the negligent act itself, regardless of when you discovered it. For minors, the deadline is up to eight years from the negligent act, but no later than the minor&#8217;s 22nd birthday under 735 ILCS 5\/13-212(b). These deadlines are strict, so contacting an attorney as soon as possible is critical.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Does Illinois require any special paperwork before filing a medical malpractice lawsuit?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Yes. Under 735 ILCS 5\/2-622, your attorney must file an affidavit along with a written report from a qualified health professional who has reviewed your case and determined there is a reasonable and meritorious basis for the claim. This report must come from a professional with relevant experience in the same area of medicine involved in your case. A separate certificate and report is required for each defendant named in the complaint. Failing to include this documentation can result in dismissal of your case.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What if I only recently found out that my doctor had my test results for months without telling me?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">This is exactly the kind of situation the discovery rule under 735 ILCS 5\/13-212(a) is designed to address. The two-year filing clock typically starts from when you knew or reasonably should have known about the failure and the harm it caused, not necessarily from the date the test was performed. However, the four-year statute of repose still applies as an absolute outer limit. If you recently discovered that critical results were withheld, contact Briskman Briskman &#038; Greenberg at (312) 222-0010 right away to protect your right to file a claim.<\/p>\n\n\n\n<script type=\"application\/ld+json\">{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"What counts as a \\\"critical\\\" test result that a doctor must communicate?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"A critical test result is any diagnostic finding that indicates a condition requiring prompt medical attention. This includes severely abnormal lab values, imaging findings that suggest cancer or internal bleeding, pathology reports confirming a serious disease, and cardiac test results showing dangerous arrhythmias or heart damage. Medical standards define specific thresholds for what qualifies as critical, and healthcare providers are expected to know and follow those standards. 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If this happened&hellip;<\/p>","protected":false},"author":21,"featured_media":0,"parent":62,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-20669","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.briskmanandbriskman.com\/es\/wp-json\/wp\/v2\/pages\/20669","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.briskmanandbriskman.com\/es\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.briskmanandbriskman.com\/es\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.briskmanandbriskman.com\/es\/wp-json\/wp\/v2\/users\/21"}],"replies":[{"embeddable":true,"href":"https:\/\/www.briskmanandbriskman.com\/es\/wp-json\/wp\/v2\/comments?post=20669"}],"version-history":[{"count":0,"href":"https:\/\/www.briskmanandbriskman.com\/es\/wp-json\/wp\/v2\/pages\/20669\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.briskmanandbriskman.com\/es\/wp-json\/wp\/v2\/pages\/62"}],"wp:attachment":[{"href":"https:\/\/www.briskmanandbriskman.com\/es\/wp-json\/wp\/v2\/media?parent=20669"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}