Can I Sue if I Lost My Spouse Due to Undiagnosed Breast Cancer?

 Posted on April 25, 2025 in Medical Malpractice

Losing a spouse is always heartbreaking, but when their death could have been prevented, the grief is often compounded by anger, confusion, and a need for answers. If your wife or partner died because her breast cancer was not diagnosed in time, you may have grounds to file a medical malpractice lawsuit in Illinois.

When doctors fail to catch cancer early despite warning signs, their negligence can rob a family of precious time — or a life altogether. Illinois law allows surviving family members to pursue compensation through a wrongful death lawsuit if that failure meets the legal standard for malpractice. Our Chicago personal injury lawyers are here to help.

How Does a Failure to Diagnose Become Malpractice?

Not every missed diagnosis counts as negligence. To file a lawsuit, your attorney must show that a medical provider failed to meet the standard of care — that is, they did not act as a reasonably competent provider would under the same circumstances.

Common failure points in breast cancer cases include:

• Ignoring or dismissing symptoms like a lump or breast pain
• Misreading or failing to order diagnostic tests such as mammograms or ultrasounds
• Delaying referrals to specialists
• Failing to follow up on abnormal test results

If your spouse sought medical help and her provider did not take appropriate steps to identify and treat her cancer, a malpractice claim may be warranted.

What Is a Wrongful Death Claim in Illinois?

Under the Illinois Wrongful Death Act, surviving family members — typically spouses and children — can sue when a death is caused by another party’s negligence. In medical malpractice cases, this includes doctors, nurses, radiologists, or hospitals who failed to provide proper care.

You do not need to prove that your spouse would have survived breast cancer entirely, only that her chances of survival would have been significantly higher with timely diagnosis and treatment.

What Damages Can I Recover in a Wrongful Death Medical Malpractice Case?

A wrongful death lawsuit may provide compensation for both economic and emotional losses. These can include:

• Medical bills related to delayed treatment
• Funeral and burial expenses
• Loss of your spouse’s financial contributions
• Loss of companionship, guidance, and emotional support

Every case is different, but courts recognize the deep personal and financial impact that a preventable death has on the family left behind.

Call a Chicago Failure to Diagnose Lawyer for a Free Consultation

If your spouse died because her breast cancer was not diagnosed in time, you deserve answers — and support. Our Chicago, IL medical malpractice attorneys have handled many failure to diagnose cases, including those involving breast cancer, and we understand how to build a strong, evidence-backed case on your behalf. We serve families throughout the Chicago area and offer free consultations to help you understand your legal rights. Call Winters Salzetta O'Brien & Richardson, LLC at 312-236-6324 today to schedule your consultation.