What Is the Average Diagnostic Malpractice Settlement in Illinois?

When a healthcare provider fails to properly diagnose a condition—or delays diagnosis long enough to cause serious harm—it may result in a diagnostic malpractice claim. One of the most common questions we hear from clients is: What is the average settlement for a diagnostic malpractice case in Illinois?

While every case is unique, and outcomes vary based on the facts, there are general patterns and influencing factors that can help set expectations.

Average Settlement Ranges for Diagnostic Malpractice in Illinois

In Illinois, diagnostic malpractice settlements often fall within a wide range—from $250,000 to over $1 million. Factors such as the severity of the injury, whether the misdiagnosis resulted in death, and long-term medical costs can dramatically affect the outcome.

Here’s a rough breakdown:

• Minor to moderate injury cases: $250,000–$500,000

• Severe injury cases (e.g., loss of limb, organ failure, permanent disability): $500,000–$1 million

• Wrongful death or catastrophic injury cases: $1 million–$5 million+

However, these figures are just estimates. Some Illinois cases settle for less, and others—especially those that go to trial—may result in significantly higher jury verdicts or negotiated settlements.

What Impacts the Settlement Value?

Several key factors influence how much compensation a victim of diagnostic malpractice might receive:

1. Severity of the Injury

The more serious and permanent the outcome of the misdiagnosis, the higher the potential settlement.

This includes:

• Missed cancer diagnoses

• Delayed stroke or heart attack treatment

• Failure to diagnose infections or traumatic injuries

2. Medical Expenses and Future Care Needs

Settlement amounts typically include compensation for:

• Hospital and treatment costs

• Medications and surgeries

• Long-term rehabilitation or in-home care

• Future medical expenses related to the injury

3. Lost Income and Earning Capacity

If the misdiagnosis caused the victim to miss work or lose earning potential, those financial losses are included in the calculation.

4. Pain and Suffering

Non-economic damages like emotional distress, loss of enjoyment of life, and physical pain are also considered and can vary widely.

5. Strength of the Evidence

Stronger cases—with clear documentation of a delayed or incorrect diagnosis and supportive expert opinions—are more likely to lead to favorable settlements.

Do Illinois Courts Cap Medical Malpractice Settlements?

Illinois does not currently impose a cap on damages in medical malpractice cases. This means there is no legal limit on the compensation you can receive for diagnostic malpractice—though insurance policy limits or defendant resources may still affect payout size.

Why Many Diagnostic Malpractice Cases Settle

Most diagnostic malpractice cases in Illinois settle out of court. Settlements allow victims to:

• Avoid the emotional strain of trial

• Receive compensation faster

• Avoid the risk of a jury siding with the defense

However, if a fair settlement isn’t offered, taking the case to trial may be necessary to pursue full compensation.

Get Help From a Diagnostic Malpractice Attorney in Illinois

At Hurley McKenna & Mertz, P.C., we’ve helped Illinois residents secure significant settlements for misdiagnosed conditions—from cancer and stroke to infections and traumatic injuries. We work with leading medical experts to build strong, evidence-backed cases and fight for the maximum compensation possible.

Contact us today for a free consultation. Serving clients across Chicago, Cook County, and throughout the state of Illinois.

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