Can I Sue My Oncologist for Breast Cancer Mismanagement in Illinois?

 Posted on October 16, 2025 in Medical Malpractice

October is Breast Cancer Awareness Month, a time to focus on early detection, proper treatment, and accountability in medical care. For many patients, it is also a reminder of how much trust is placed in doctors to provide accurate diagnoses and safe, effective treatment.

When that trust is broken, the results can be devastating. Mistakes like missed test results, delayed chemotherapy, or ignoring new symptoms can allow cancer to progress. In Illinois, patients have the right to take legal action when medical negligence causes harm. For guidance and support, reach out to our Chicago, IL medical malpractice lawyers today.

Common Examples of Oncology Negligence in Breast Cancer Cases

Breast cancer treatment often involves several doctors working together, including oncologists, radiologists, and surgeons. When one of them makes a mistake, the entire treatment plan can suffer. Common examples of negligence include:

• Failing to order a biopsy after an abnormal mammogram

• Prescribing the wrong chemotherapy drug or dosage

• Misreading lab or pathology reports

• Ignoring new or worsening symptoms

• Skipping follow-up appointments or scans

• Failing to share test results or updates with other doctors

How Does Illinois Law Define Medical Malpractice?

If your oncologist did not meet the accepted medical standard of care, it may meet the definition of malpractice. This "standard of care" refers to what another careful and competent doctor would reasonably have done in the same situation. Not every bad outcome is the result of negligence. However, if a mistake could have been prevented, you may have a valid claim.

Under 735 ILCS 5/2-622, you must include a statement from a qualified medical expert confirming that your doctor’s care likely fell below the accepted standard. This is how the court knows that your case is based on medical facts, not just opinion.

There are also strict time limits for filing a claim. According to 735 ILCS 5/13-212, you generally have two years from when you discovered the negligence — and no more than four years from when it happened — to file your case.

How To Prove Malpractice in a Breast Cancer Case

To prove malpractice, your evidence must show three elements. First, your oncologist had a duty to treat you properly. Next, they failed to meet that duty. Finally, the mistake directly led to your injury or made your condition worse. For example, if your cancer spread because your oncologist delayed ordering tests, that delay could show negligence.

Keep in mind that you must have suffered real losses because of the mistake. These can include medical bills, time away from work, pain, and emotional distress. As your legal team, we will collect medical records, talk to expert witnesses, and find evidence that clearly links your doctor’s actions to your harm. This helps you build a strong claim for compensation.

Schedule a Free Consultation With a Chicago, IL Medical Malpractice Attorney Today

If your oncologist’s mistakes made your breast cancer worse or caused avoidable complications, you may be entitled to compensation. Illinois law allows patients to hold negligent doctors accountable. Our Chicago, IL medical malpractice lawyers have handled many failure-to-diagnose and cancer mismanagement cases, including those involving breast cancer.  We have achieved multi-million-dollar verdicts and settlements for clients whose lives were changed by medical negligence. Contact Winters Salzetta O'Brien & Richardson, LLC today at 312-236-6324 to schedule a free consultation.