Flu Season and Medical Malpractice: Can You Sue for a Misdiagnosed Flu?

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During flu season, misdiagnoses are common, but when does a mistake become medical malpractice?

A flu misdiagnosis can lead to incorrect treatments, delayed care, and severe complications. For a misdiagnosis to qualify as malpractice, it must be shown that a healthcare provider deviated from the standard level of care that a competent professional would have provided under similar circumstances—and that this failure directly caused harm.

The consequences can be devastating if a doctor misdiagnoses the flu and fails to detect a more serious condition, such as pneumonia or a bacterial infection. Patients may face worsening symptoms, increased medical costs, and even permanent health complications due to a delayed or improper diagnosis. Proper documentation, including medical records, prescriptions, and treatments, can be essential in establishing whether medical negligence occurred.

“Not every misdiagnosis is malpractice, but when a doctor overlooks serious symptoms or dismisses a patient’s concerns, it can lead to dangerous consequences,” said CHH Partner Bill Cirignani. “Patients have the right to expect a thorough evaluation, and when that doesn’t happen, they deserve accountability.”

However, not all misdiagnoses meet the legal standard for malpractice. Some conditions share overlapping symptoms with the flu, making an initial mistake understandable. To pursue a claim, it must be demonstrated that the error was due to negligence rather than an unavoidable diagnostic challenge.

If you believe a flu misdiagnosis has negatively impacted your health, speaking with a legal professional can help determine your options. Our Chicago medical malpractice attorneys focus exclusively on representing victims of medical negligence; reach out to our firm today for a free consultation to discuss your case.

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At Cirignani Heller & Harman, LLP, we represent Illinois clients in Chicago and throughout Cook County, including the cities of Cicero, Elgin, Schaumburg, Oak Park, Maywood, Berwyn, Elmhurst, Evanston, Skokie, Des Plaines, Mount Prospect, Arlington Heights, Palatine and Hoffman Estates. We also help clients in DuPage County, Kane County, Lake County, McHenry County, Will County and Winnebago County. If you have been the victim of medical malpractice in Illinois, CHH Law is the law firm with attorneys that can help.

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