Multiple Sclerosis Misdiagnosis Medical Malpractice in Chicago

Multiple sclerosis (MS) is one of the most commonly misdiagnosed neurological conditions in the United States. The National Institute of Neurological Disorders and Stroke (NINDS) has noted that misdiagnosis may affect up to 20 percent of people currently diagnosed with MS. For patients in Chicago and across Illinois, a wrong MS diagnosis, or a failure to correctly identify MS when it is present, can mean years of harmful treatments, worsening disability, and no real path to recovery. If a doctor gave you or a loved one an incorrect diagnosis related to MS, Illinois law may give you the right to seek compensation. The attorneys at Chicago personal injury lawyer firm Briskman Briskman & Greenberg are ready to review your case and explain your options.

Table of Contents

• What Multiple Sclerosis Misdiagnosis Actually Means and Why It Happens
• The Real Harm Caused by an Incorrect MS Diagnosis in Chicago
• Illinois Law and What You Must Prove in an MS Misdiagnosis Claim
• Filing Deadlines for MS Misdiagnosis Cases Under Illinois Law
• What Compensation You Can Seek and How Attorney Fees Work
• Why Chicago Patients Trust Briskman Briskman & Greenberg With MS Misdiagnosis Cases
• FAQs About Multiple Sclerosis Misdiagnosis Medical Malpractice in Chicago

What Multiple Sclerosis Misdiagnosis Actually Means and Why It Happens

MS misdiagnosis takes two forms. A doctor may incorrectly tell a patient they have MS when they do not. Or a doctor may fail to recognize MS in a patient who actually has it, attributing the symptoms to something else entirely. Both forms cause serious harm.

MS remains a clinical diagnosis because no specific biomarker for the disease has been identified. Diagnosis relies on the appropriate interpretation of radiologic data in patients with the appropriate history and neurologic examination suggestive of demyelination. This complexity makes errors more likely, but it does not excuse them.

Recent studies report cohorts with a misdiagnosis range between 5 and 18 percent. Common disorders are frequently misdiagnosed as MS, and overreliance on MRI findings and misapplication of MS diagnostic criteria are often associated with misdiagnosis.

A wide range of conditions can be mistaken for MS, including migraine, cerebral small vessel disease, fibromyalgia, functional neurological disorders, and neuromyelitis optica spectrum disorders, along with uncommon inflammatory, infectious, and metabolic conditions. When a doctor in Chicago misapplies the diagnostic criteria used to evaluate MS, the results for patients can be devastating.

Misinterpretation and misapplication of MS clinical and radiographic diagnostic criteria are important contemporary contributors to misdiagnosis. A physician who relies too heavily on one abnormal MRI result, without a complete neurological examination and clinical history, is not meeting the standard of care that patients deserve.

The Real Harm Caused by an Incorrect MS Diagnosis in Chicago

The damage from MS misdiagnosis is not just emotional. Patients who are wrongly told they have MS are often placed on powerful medications that carry serious side effects. Patients who actually have MS but are told they have something else lose critical time during which treatment could slow the disease’s progression.

One study conducted in four academic MS centers revealed over 50 percent of patients carried a misdiagnosis for at least 3 years, 70 percent had received disease-modifying therapy, and 31 percent experienced unnecessary morbidity as a direct result. Disease-modifying therapies are potent drugs. Receiving them without a correct diagnosis exposes patients to real physical risks.

The duration of misdiagnosis was 10 years or longer in 33 percent of patients studied, and an earlier opportunity to make a correct diagnosis was identified for 72 percent of patients. That means in most cases, a more careful doctor could have caught the error sooner.

In one research registry study, 40.4 percent of participants reported misdiagnosis of symptoms later attributed to MS, and this was associated with longer diagnostic delay. Delays in correct diagnosis allow MS to progress unchecked, often causing permanent neurological damage. For Chicago patients living near Rush University Medical Center or Northwestern Memorial Hospital, access to top-tier neurological care exists, making preventable diagnostic errors even harder to justify.

When a doctor’s failure to diagnose correctly causes this kind of harm, Illinois law provides a legal remedy. The question is whether the physician met the standard of care that a reasonably competent neurologist would have met under the same circumstances.

Illinois Law and What You Must Prove in an MS Misdiagnosis Claim

An MS misdiagnosis claim in Illinois is a medical malpractice case. To win, you must prove four elements: that a doctor-patient relationship existed, that the doctor breached the accepted standard of care, that the breach caused your injury, and that you suffered real damages as a result.

Illinois also imposes a strict procedural requirement before you can even file. Under the Illinois Code of Civil Procedure, 735 ILCS 5/2-622, a plaintiff’s attorney must attach an affidavit to the complaint stating that a qualified health professional reviewed the case and determined there is a reasonable and meritorious basis for the claim. That reviewing professional must be knowledgeable in the relevant area of medicine, must have practiced or taught in that field within the last six years, and must provide a written report. This requirement applies to every MS misdiagnosis case filed in Illinois courts, including those heard at the Daley Center courthouse in downtown Chicago.

Expert testimony is also governed by 735 ILCS 5/8-2501, which sets standards for who can testify about the standard of care. The expert must have a relevant specialty relationship to the medical problem at issue and must have devoted a substantial portion of their time to practice, teaching, or research in that area. In an MS case, this typically means a neurologist with direct experience diagnosing and treating MS patients.

When multiple defendants are responsible, such as a hospital, a primary care physician, and a neurologist, Illinois law under 735 ILCS 5/2-1117 holds all defendants found liable jointly and severally responsible for past and future medical expenses. Any defendant whose share of fault is 25 percent or more is also jointly and severally liable for all other damages. This matters because it can affect how much compensation you actually recover.

Filing Deadlines for MS Misdiagnosis Cases Under Illinois Law

Time is a critical factor in every medical malpractice case. Miss the deadline and your claim is gone, no matter how strong it is. Illinois law under 735 ILCS 5/13-212 sets the rules for how long you have to file.

The general rule is a two-year statute of limitations. Medical malpractice actions must be filed within two years of the date the plaintiff knew, or reasonably should have known, both that an injury occurred and that the injury was wrongfully caused by medical negligence. The Illinois Supreme Court in Moon v. Rhode (2016 IL 119572) confirmed that this requires dual knowledge. Awareness of an adverse medical outcome alone is insufficient; the limitations period begins only when the plaintiff has reason to connect the injury to negligent medical care.

MS misdiagnosis cases can be tricky under this rule. A patient may not realize for years that their neurological decline was caused by a missed or wrong diagnosis. The discovery rule protects patients in that situation, but there is still an outer limit. Illinois also imposes a four-year statute of repose measured from the date of the negligent act or omission. Once four years pass from the date of the malpractice, the claim is barred in most circumstances, even if the patient did not discover the error until later.

There is one important exception. Fraudulent concealment can toll the filing deadline under 735 ILCS 5/13-215, extending the time to bring an action by five years from the date of discovery of the concealment. Courts require affirmative acts by defendants specifically calculated to conceal the cause of action.

Do not wait to find out whether your claim is still timely. Contact a medical malpractice attorney at Briskman Briskman & Greenberg as soon as you suspect an MS misdiagnosis. The sooner you act, the better your chances of preserving evidence, locating witnesses, and meeting the filing deadline.

What Compensation You Can Seek and How Attorney Fees Work

Victims of MS misdiagnosis in Illinois can seek compensation for a wide range of losses. These include past and future medical bills, costs of corrective treatment, lost wages, reduced earning capacity, and pain and suffering. In cases where a loved one died because of an untreated or mistreated neurological condition, a wrongful death claim may also be available under the Illinois Wrongful Death Act, 740 ILCS 180.

Medical bills alone in MS cases can be enormous. Patients who were placed on the wrong disease-modifying therapies may have incurred tens of thousands of dollars in unnecessary drug costs. Those who lost years of appropriate MS treatment may now face greater disability and higher lifetime care expenses. All of these losses can factor into a damages claim.

Under 735 ILCS 5/2-1114, Illinois law caps contingent fees in medical malpractice cases. Attorney fees cannot exceed 33 and one-third percent of all sums recovered. This means that if your case settles or goes to trial, your attorney’s fee comes out of the recovery and is capped by statute. There are no upfront legal fees when you hire Briskman Briskman & Greenberg for a medical malpractice case. You only pay if your case results in a recovery.

Because MS misdiagnosis cases often involve multiple providers, including a referring physician, a neurologist, and a hospital system, the question of shared liability matters. Under 735 ILCS 5/2-1117, any defendant found to be 25 percent or more at fault is jointly and severally liable for all damages, meaning you can pursue full compensation even if one defendant has limited resources. A skilled medical malpractice lawyer can identify all responsible parties and build the strongest possible case on your behalf.

Why Chicago Patients Trust Briskman Briskman & Greenberg With MS Misdiagnosis Cases

Briskman Briskman & Greenberg has spent decades fighting for injured people across Chicago and the surrounding communities. Our firm handles serious medical malpractice claims, including MS misdiagnosis cases, for clients throughout the Chicago metropolitan area, from the neighborhoods along Lake Shore Drive to the suburbs west of I-290.

We understand the medical science behind MS diagnosis. We work with qualified neurologists and medical experts who can review your records, identify where the standard of care was breached, and provide the written reports required under 735 ILCS 5/2-622. We handle every step of the process, from gathering your medical records to filing your complaint at the Circuit Court of Cook County.

MS misdiagnosis cases are closely connected to other forms of neurological negligence, including failure to diagnose brain tumors, missed strokes, and delayed treatment of other neurological disorders. Our team has experience with the full spectrum of diagnostic errors that affect the brain and nervous system, and we bring that knowledge to every MS case we handle.

If you or a family member received an incorrect MS diagnosis, or if a doctor failed to diagnose MS when the signs were there, you deserve answers. A medical malpractice attorney at our firm will review your case for free and tell you honestly what your options are. We also serve clients in Berwyn, where a medical malpractice attorney from our team can meet with you to discuss your situation. Clients in the northern suburbs can also speak with a medical malpractice lawyer from Briskman Briskman & Greenberg at a location convenient to them.

Call us today at (312) 222-0010 or reach out online. Our office is located at Briskman Briskman & Greenberg, 205 W Randolph St., Suite 925, Chicago, IL 60606. We are here to help you understand your rights and pursue the justice you deserve.

FAQs About Multiple Sclerosis Misdiagnosis Medical Malpractice in Chicago

What is the difference between MS misdiagnosis and a delayed MS diagnosis?

MS misdiagnosis means a doctor gave you an incorrect diagnosis, either telling you that you have MS when you do not, or telling you that you have something else when you actually have MS. A delayed MS diagnosis means a doctor eventually reached the correct diagnosis, but took too long to get there, allowing the disease to progress in the meantime. Both can form the basis of a medical malpractice claim in Illinois if a reasonably competent physician would have reached the correct diagnosis sooner.

Can I sue a hospital for MS misdiagnosis in Chicago?

Yes, in many cases. If the misdiagnosis occurred at a hospital or involved hospital-employed physicians, the hospital may share liability. Under Illinois law, 735 ILCS 5/2-1117 allows claims against multiple defendants when more than one party contributed to the harm. Hospitals can be held responsible for the negligent acts of their employed staff, and in some cases, for credentialing physicians who were not competent to diagnose complex neurological conditions like MS.

How do I know if my MS misdiagnosis qualifies as medical malpractice?

Not every diagnostic error rises to the level of malpractice. To have a valid claim under Illinois law, you must show that the doctor failed to meet the standard of care that a reasonably competent physician in the same specialty would have met. This usually requires a review of your medical records by a qualified expert who can identify where the doctor went wrong. The attorneys at Briskman Briskman & Greenberg can arrange that review as part of your free initial consultation. Call (312) 222-0010 to get started.

What evidence do I need for an MS misdiagnosis lawsuit in Illinois?

The most important evidence includes your complete medical records, imaging studies such as MRI scans, lab results, notes from neurological examinations, and records of any treatments you received based on the incorrect diagnosis. Under 735 ILCS 5/2-622, your attorney must also obtain a written report from a qualified health professional confirming there is a meritorious basis for the claim before filing suit. Gathering this evidence quickly is important because records can be lost or altered over time.

How long do I have to file an MS misdiagnosis lawsuit in Illinois?

In most cases, you have two years from the date you knew or reasonably should have known that the misdiagnosis caused your injury, under 735 ILCS 5/13-212. However, no lawsuit can be filed more than four years after the date the malpractice actually occurred, regardless of when you discovered the error. Because MS misdiagnosis cases often involve a long gap between the error and the discovery, it is essential to speak with an attorney as soon as possible to determine exactly where your deadline falls.

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