$900,000 Failure to Diagnose Pneumonia Settlement
Doctor Allegedly Failed to Diagnose Advanced Pneumonia
This case involved a 63-year-old woman who had treated with the same doctor for years and repeatedly complained of shortness of breath. Again and again, the doctor told her that nothing was wrong and suggested that she purchase an over-the-counter cough medicine, even though her condition had progressed into a severe dry cough and an inability to sleep.
When she asked for a referral to a specialist, the doctor told her that it was unnecessary. Over the next several months, she continued to experience coughing, fever, loss of appetite, and shortness of breath.
The client eventually sought a second opinion at a clinic, where she was immediately diagnosed with an advanced stage of pneumonia. By that time, one lung had collapsed and the other was only partially functional. Although treatment began immediately, her condition was too severe, and she eventually died from her illness.
On behalf of her adult children, a lawsuit was filed. After significant negotiation with the medical insurer, Sexner Injury Lawyers LLC secured a $900,000 settlement for her surviving family members.
Why Failure to Diagnose Pneumonia Can Be Fatal
Pneumonia is a serious lung infection. MedlinePlus explains that pneumonia is an infection in one or both lungs that causes the air sacs to fill with fluid or pus. The illness may range from mild to severe depending on the cause, the patient’s age, and the patient’s overall health.
Pneumonia can be caused by bacterial, viral, or fungal infections. It can also occur when food or liquid is accidentally inhaled into the lungs. Symptoms may include fever, chills, cough, shortness of breath, chest pain with breathing or coughing, nausea, vomiting, and diarrhea.
When pneumonia is not recognized and treated in time, the patient may suffer serious complications. MedlinePlus identifies possible complications such as bacteremia, septic shock, lung abscesses, pleural disorders, kidney failure, and respiratory failure. In severe cases, pneumonia can become life-threatening.
Symptoms That Should Not Be Ignored
The original facts of this case involved repeated complaints of shortness of breath, severe dry cough, inability to sleep, fever, loss of appetite, and ongoing breathing problems. Those symptoms should have prompted a careful medical evaluation, especially because they continued over time and did not resolve with simple cough medication.
A provider evaluating possible pneumonia may need to review the patient’s history, perform a physical exam, listen to the lungs, check vital signs, evaluate oxygen levels, consider chest imaging, and order testing when clinically appropriate. MedlinePlus explains that pneumonia can sometimes be hard to diagnose because it can share symptoms with a cold or flu, but that providers may order tests such as a chest X-ray, blood tests, blood culture, sputum testing, CT scan, pulse oximetry, or bronchoscopy depending on the patient’s condition.
When a patient’s symptoms continue, worsen, or suggest a more serious respiratory problem, a doctor should not simply dismiss the complaints. A possible failure to diagnose claim may arise when a provider ignores warning signs, fails to order reasonable testing, fails to refer to a specialist, or fails to act on symptoms that require further investigation.
When Pneumonia Is Misdiagnosed as Something Less Serious
Pneumonia may be confused with other respiratory illnesses, especially when symptoms appear during cold and flu season. But a common respiratory complaint can still represent a dangerous infection. A provider must use reasonable medical judgment to determine whether a patient needs additional testing, imaging, medication, follow-up, specialist referral, or hospital care.
Depending on the facts, pneumonia symptoms may be confused with:
- Bronchitis
- The common cold or flu
- Sinus infection
- COPD or another chronic lung condition
- Asthma or reactive airway disease
- Heart failure
- Pulmonary embolism or blood clot
- Acute respiratory failure
- Other infections or inflammatory conditions
A misdiagnosis may become dangerous when the wrong assumption delays needed treatment. In this case, the lawsuit alleged that valuable time was lost while the patient’s pneumonia became advanced and ultimately fatal.
Failure to Refer to a Specialist
The patient in this case specifically asked for a specialist referral, but the doctor allegedly told her that referral was unnecessary. A specialist referral is not required in every case. However, when symptoms persist, worsen, or exceed the treating provider’s ability to confidently diagnose and manage the condition, referral or additional evaluation may be medically appropriate.
For a patient with ongoing shortness of breath, worsening cough, fever, and loss of appetite, a doctor may need to consider referral to a pulmonologist, urgent evaluation, emergency care, imaging, laboratory testing, or other steps depending on the severity and timing of the symptoms.
A medical malpractice investigation may examine what the doctor knew, what symptoms were documented, whether the patient’s requests were recorded, whether testing was ordered, whether a referral was denied, and whether earlier diagnosis would likely have changed the outcome.
Second Opinions and Delayed Diagnosis
The client sought a second opinion at a clinic and was immediately diagnosed with advanced pneumonia. That fact was important because it suggested that the condition was diagnosable by the time she sought outside care. Unfortunately, the diagnosis came too late to save her life.
Patients often seek second opinions when they feel their symptoms are not being taken seriously. A second opinion may reveal that a condition was missed, undertreated, or incorrectly dismissed. In a legal case, the second opinion can also help establish a timeline showing when the patient complained, what symptoms were present, when the diagnosis was finally made, and whether earlier care could have prevented death.
When delayed diagnosis occurs in an urgent setting, the case may also overlap with emergency room negligence. The central issue remains whether reasonable medical care would have identified and treated the condition sooner.
Wrongful Death After Medical Negligence
Because the patient died, this case also involved a wrongful death claim. A wrongful death claim may seek compensation for losses suffered by surviving family members when a preventable medical error causes or contributes to a loved one’s death.
In a fatal pneumonia misdiagnosis case, damages may include final medical expenses, funeral and burial expenses, grief, sorrow, loss of companionship, loss of guidance, and other losses recognized under applicable law. When the deceased patient is a parent, the impact on surviving children can be especially painful, even when those children are adults.
A civil lawsuit cannot bring back a loved one. But it can help the family obtain answers, identify what went wrong, and hold negligent medical providers accountable.
Evidence That May Matter in a Pneumonia Misdiagnosis Case
Failure-to-diagnose pneumonia cases often depend on the medical timeline. The legal team must determine what symptoms were reported, what the provider documented, what tests were ordered or not ordered, whether a referral should have been made, and how the delay affected the patient’s condition.
Important evidence may include:
- Primary care records and office visit notes
- Patient complaints of cough, fever, shortness of breath, appetite loss, or sleep disruption
- Vital signs, oxygen saturation readings, and physical exam findings
- Chest X-rays, CT scans, and radiology reports
- Blood tests, cultures, sputum tests, and other laboratory results
- Medication recommendations, prescriptions, and over-the-counter treatment advice
- Specialist referral requests and responses
- Second-opinion clinic records
- Hospital records, intensive-care records, and death-related records
- Expert opinions about diagnosis, treatment timing, causation, and damages
These records can help determine whether the doctor’s conduct met accepted medical standards and whether timely diagnosis would likely have prevented the patient’s death.
Legal Help After Failure to Diagnose Pneumonia
Pneumonia can become deadly when healthcare providers dismiss symptoms, fail to order reasonable testing, fail to refer to a specialist, or delay needed treatment. Families deserve answers when a loved one dies after repeated complaints were allegedly ignored.
Since 1990, Sexner Injury Lawyers LLC has represented patients and families in serious medical malpractice cases in Chicago and throughout Illinois. If you believe a doctor, hospital, clinic, or other healthcare provider failed to diagnose pneumonia or another serious infection, contact us for a free case evaluation at (312) 243-9922 or contact us online.
