Our Lawyers
Failure to Diagnose Diabetes Medical Malpractice in Chicago
Diabetes is one of the most common chronic diseases in the United States, yet it is also one of the most frequently missed diagnoses in primary care and hospital settings. Over 40 million Americans, or 12% of the population, are living with diabetes, and of those 40.1 million people, roughly 11 million remain undiagnosed. When a doctor fails to recognize the signs of diabetes in a patient who is actively seeking care, the consequences can be severe and permanent. If you or someone you love suffered serious harm because a physician missed a diabetes diagnosis, you may have a valid medical malpractice claim under Illinois law. The attorneys at Chicago personal injury lawyer firm Briskman Briskman & Greenberg are ready to review your case and help you understand your rights.
Table of Contents
- What a Failure to Diagnose Diabetes Claim Looks Like in Illinois
- The Real Harm Caused by a Missed Diabetes Diagnosis
- Illinois Law Requirements for Filing a Diabetes Malpractice Case
- Who Can Be Held Liable for a Missed Diabetes Diagnosis
- Type 1 vs. Type 2 Diabetes: Why Misclassification Also Counts as Malpractice
- What Compensation You Can Recover and How Attorneys Are Paid
- FAQs About Failure to Diagnose Diabetes Medical Malpractice in Chicago
What a Failure to Diagnose Diabetes Claim Looks Like in Illinois
A failure to diagnose diabetes claim arises when a doctor had enough information to identify the disease but did not do so, and the patient suffered harm as a result. This is not simply a case of a doctor making a judgment call. It is a claim that the physician fell below the standard of care that a reasonably competent doctor in the same field would have provided under similar circumstances.
Think about what that means in practice. A patient comes to a primary care clinic on the Near North Side of Chicago with persistent thirst, frequent urination, unexplained weight loss, and fatigue. These are textbook symptoms of diabetes. A competent physician orders a fasting blood glucose test or a hemoglobin A1c test. If the doctor dismisses those symptoms as stress or aging without ordering any testing, that failure to act can form the basis of a malpractice claim.
Illinois medical malpractice claims are civil actions governed by the Illinois Code of Civil Procedure. To succeed, a patient must show four things: that the provider owed a duty of care, that the provider breached that duty, that the breach caused harm, and that the harm resulted in real damages. Each of these elements must be proven with evidence, including medical records, expert testimony, and documentation of the patient’s resulting injuries.
Common forms of negligence in these cases include failing to order routine blood glucose screening, ignoring abnormal lab values, misattributing classic diabetes symptoms to other conditions, and failing to refer a patient to an endocrinologist when the clinical picture warranted it. During August 2021 through August 2023, the prevalence of undiagnosed diabetes among U.S. adults was 4.5%, meaning slightly more than one-quarter of all adults with diabetes had not yet been diagnosed. Many of those patients were likely seeing doctors regularly. When a physician has the opportunity to catch diabetes and fails to do so, that gap between what was done and what should have been done is where malpractice claims begin.
The Real Harm Caused by a Missed Diabetes Diagnosis
A missed diabetes diagnosis is not a minor oversight. Uncontrolled blood glucose levels over a long period of time can affect multiple organ systems, including the nervous system, kidneys, eyes, heart, and blood vessels. Every month that diabetes goes undetected, the disease continues to cause silent damage throughout the body.
Patients who are not diagnosed in time may develop diabetic retinopathy, which can lead to blindness. They may develop diabetic nephropathy, which can progress to kidney failure requiring dialysis. Peripheral neuropathy caused by uncontrolled blood sugar can lead to non-traumatic amputations of the feet or legs. Diabetes was the seventh leading cause of death in the United States based on 95,190 death certificates in which diabetes was listed as the underlying cause of death.
For patients in Chicago’s South Side communities, in neighborhoods like Bronzeville or Englewood where access to consistent primary care can be limited, a missed diagnosis by a physician who did have access to the patient is especially devastating. The harm is not abstract. It shows up as amputations, dialysis three times a week, emergency room visits at Stroger Hospital or Northwestern Memorial, and long-term disability.
Beyond physical harm, patients suffer economic damages. They lose wages when they cannot work. They accumulate medical bills for treatments that would have been unnecessary with a timely diagnosis. They suffer pain, emotional distress, and reduced quality of life. All of these losses can be recovered in a successful Illinois medical malpractice claim. A qualified medical malpractice lawyer can help you identify and document every category of harm your family has experienced.
Illinois Law Requirements for Filing a Diabetes Malpractice Case
Illinois has specific procedural requirements that must be satisfied before a medical malpractice lawsuit can move forward. Understanding these rules is essential, because failing to follow them can result in a case being dismissed before it ever reaches a jury.
Under the medical malpractice attorney-assisted process governed by 735 ILCS 5/2-622, known as the Healing Art Malpractice statute, a plaintiff must file an affidavit with the complaint. That affidavit must state that the plaintiff or their attorney consulted with a qualified healthcare professional who reviewed the medical records and determined there is a reasonable and meritorious basis for the claim. The reviewing professional must have practiced or taught in the same area of medicine within the last six years. This requirement exists to screen out frivolous claims and ensure that every lawsuit filed has a legitimate medical basis.
The filing deadline is equally important. Under 735 ILCS 5/13-212(a), a medical malpractice claim must be filed within two years from the date the patient knew, or through reasonable diligence should have known, that an injury was caused by medical negligence. There is also an absolute four-year statute of repose, meaning no claim can be filed more than four years after the negligent act or omission, regardless of when the patient discovered the harm. For minors, 735 ILCS 5/13-212(b) provides up to eight years from the negligent act, but the claim cannot be filed after the patient’s 22nd birthday.
These deadlines are strict. Waiting too long, even by a short time, can permanently bar a valid claim. If you suspect a missed diabetes diagnosis harmed you or a family member, contact an experienced medical malpractice lawyer right away to protect your right to compensation.
Who Can Be Held Liable for a Missed Diabetes Diagnosis
Liability in a missed diabetes diagnosis case does not always fall on a single doctor. Multiple parties can share responsibility depending on how the failure occurred and who was involved in the patient’s care.
A primary care physician who ignored warning signs during annual checkups at a clinic in Lincoln Park or Wicker Park may bear direct responsibility. An internist who reviewed abnormal lab results and failed to follow up can also be liable. If a hospital’s nursing staff failed to document or report classic diabetes symptoms to an attending physician, the hospital itself may share liability under the doctrine of respondeat superior, which holds employers responsible for the negligent acts of their employees.
Under 735 ILCS 5/2-1117, Illinois applies a joint and several liability framework for medical and medically related expenses. Under this statute, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical costs. For all other damages, a defendant whose share of fault is 25% or greater is jointly and severally liable, while a defendant whose share is less than 25% is only severally liable for those damages. This means that in cases involving multiple negligent providers, the patient has a stronger chance of recovering full compensation for medical expenses even if one defendant cannot pay.
Laboratory errors, such as mishandling a blood specimen or failing to report a flagged glucose result, can also contribute to a missed diagnosis. In those situations, the laboratory or pathology department may share liability. An experienced medical malpractice attorney will investigate every link in the chain of care to identify all responsible parties and build the strongest possible case on your behalf.
Type 1 vs. Type 2 Diabetes: Why Misclassification Also Counts as Malpractice
A failure to diagnose diabetes is not the only way a physician can commit malpractice. Diagnosing the wrong type of diabetes can be just as harmful and can form the basis of a separate malpractice claim.
Type 1 diabetes is an autoimmune condition where the body produces no insulin at all. Type 2 diabetes involves insulin resistance, where the body produces insulin but cannot use it effectively. The treatments are fundamentally different. A person with Type 1 diabetes who is incorrectly treated as a Type 2 patient may not receive the insulin therapy they need to survive. Without insulin, a Type 1 patient can develop diabetic ketoacidosis, a life-threatening emergency where the body begins breaking down fat and producing dangerous acid compounds called ketones in the blood.
This kind of misclassification happens more often than most patients realize. The standard of care requires physicians to test for diabetes-related antibodies, including islet-cell antibodies and glutamic acid decarboxylase antibodies, when the clinical picture is unclear. Skipping those tests and defaulting to a Type 2 diagnosis in an adult patient is a breach of that standard when the patient’s presentation warranted further investigation.
Patients who were incorrectly classified and then suffered a diabetic emergency, permanent nerve damage, or organ failure as a result may have a strong malpractice claim. If you believe your diagnosis was wrong from the start, speaking with a medical malpractice lawyer can help you determine whether the misclassification rose to the level of negligence under Illinois law.
What Compensation You Can Recover and How Attorneys Are Paid
Illinois law allows patients harmed by a missed diabetes diagnosis to recover both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages, and the cost of ongoing care such as dialysis, prosthetics, or vision treatment. Non-economic damages include pain and suffering, emotional distress, and loss of a normal life.
In wrongful death cases where a patient died because diabetes went undetected and untreated, surviving family members may bring a claim under the Illinois Wrongful Death Act, 740 ILCS 180/1. That claim must generally be filed within two years of the date of death.
Attorney fees in Illinois medical malpractice cases are regulated by 735 ILCS 5/2-1114, which caps contingent fees for plaintiff’s attorneys at no more than 33 and one-third percent of all sums recovered. This means you pay nothing out of pocket to pursue your claim. The attorney is only paid if you recover compensation. Clients may still be responsible for litigation costs and expenses, so it is important to discuss the fee arrangement with your attorney at the outset.
Briskman Briskman & Greenberg handles medical malpractice claims on a contingency basis. Our firm serves clients throughout Chicago and the surrounding region, from the lakefront neighborhoods of Hyde Park and Andersonville to the suburbs along the I-290 and I-94 corridors. If you believe a doctor’s failure to diagnose diabetes caused you or a loved one serious harm, call us today at (312) 222-0010 for a free consultation. Our office is located at 205 W Randolph St., Suite 925, Chicago, IL 60606.
FAQs About Failure to Diagnose Diabetes Medical Malpractice in Chicago
How do I know if my doctor’s failure to diagnose my diabetes was malpractice?
Not every missed diagnosis is malpractice. To have a valid claim, you must show that your doctor’s conduct fell below the standard of care that a reasonably competent physician would have provided in the same situation. If you had classic symptoms of diabetes, you were seeing your doctor regularly, and no blood glucose testing was ever ordered, that pattern may support a malpractice claim. The key question is whether a competent doctor in the same field would have caught the diagnosis. An attorney can have your medical records reviewed by a qualified medical expert to answer that question.
What is the deadline to file a diabetes malpractice claim 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. There is also an absolute four-year statute of repose measured from the date of the negligent act. If either deadline passes, your claim is likely barred. Because determining when the clock starts can be complicated in delayed diagnosis cases, you should consult an attorney as soon as you suspect malpractice.
Can I sue both my doctor and the hospital for a missed diabetes diagnosis?
Yes. Depending on the circumstances, both your treating physician and the hospital or clinic where you received care may share liability. If the physician was employed by the hospital, the hospital may be liable under the doctrine of respondeat superior. If nursing staff, lab technicians, or other hospital employees also contributed to the failure, those parties and the institution can be named in the same lawsuit. Illinois law under 735 ILCS 5/2-1117 allows for joint liability for medical expenses among all defendants found liable.
What if my doctor diagnosed me with Type 2 diabetes when I actually had Type 1?
A misclassification between Type 1 and Type 2 diabetes can be just as harmful as a complete failure to diagnose. If you were treated for the wrong type of diabetes and suffered serious complications, including diabetic ketoacidosis, organ damage, or other emergencies, you may have a malpractice claim. The standard of care requires physicians to conduct appropriate antibody testing when the diagnosis is unclear. Failing to do so and causing harm as a result can support a negligence claim under Illinois law.
Does Briskman Briskman & Greenberg handle failure to diagnose diabetes cases?
Yes. Briskman Briskman & Greenberg handles medical malpractice claims, including cases involving failure to diagnose diabetes and related complications. The firm serves clients throughout Chicago and the surrounding area. To discuss your situation, call (312) 222-0010 for a free consultation. There is no fee unless you recover compensation, though clients may be responsible for litigation costs. Viewing this page or contacting the firm does not create an attorney-client relationship.
This page is an advertisement. Briskman Briskman & Greenberg, 205 W Randolph St., Suite 925, Chicago, IL 60606. Past results do not guarantee similar outcomes in future cases.
More Resources About Endocrinology Malpractice in Chicago
SEEN ON:
