Misdiagnosis in New York
Average Settlement: $300,000 - $900,000 | Statute: 2 years and 6 months from the date of the act, omission, or failure
About Misdiagnosis
Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient's condition, leading to inappropriate treatment or no treatment at all. This is one of the most common forms of medical malpractice and can result in disease progression, unnecessary procedures, or harmful medications. Cancer misdiagnosis is particularly devastating, as delayed treatment can mean the difference between a curable and terminal prognosis.
New York Medical Malpractice Laws
Statute of Limitations
2 years and 6 months from the date of the act, omission, or failure
Damage Cap
No cap on damages
Discovery Rule
New York has a very limited discovery rule — it applies only to cases involving a foreign object left in the body (1 year from discovery). Otherwise, the statute runs from the date of the act or the last date of a continuous course of treatment.
Pre-Filing Requirements
Plaintiffs must file a certificate of merit from a qualified physician.
Common Examples of Misdiagnosis
- •Diagnosing a malignant tumor as benign
- •Misidentifying a heart attack as acid reflux or anxiety
- •Confusing symptoms of stroke with migraine or vertigo
- •Incorrectly diagnosing an infection, leading to wrong antibiotic treatment
- •Failing to identify cancer on imaging studies such as mammograms or CT scans
- •Misdiagnosing autoimmune conditions as psychological disorders
Key Facts
- ✓Studies indicate that diagnostic errors affect approximately 12 million adults in the United States each year in outpatient settings
- ✓To prove misdiagnosis, the plaintiff must show that a competent physician in the same specialty would have correctly identified the condition under the same circumstances
- ✓Medical records documenting the patient's reported symptoms, test results, and the physician's reasoning are essential to building a misdiagnosis case
- ✓Misdiagnosis claims often require demonstrating that the correct diagnosis was on the physician's differential diagnosis list but was improperly ruled out
- ✓The damages in misdiagnosis cases are measured by the difference in outcome between what occurred and what would have happened with a timely, correct diagnosis
- ✓Radiology and pathology misreads are among the most clear-cut misdiagnosis cases because the evidence is preserved in images and slides
- ✓New York has some of the highest medical malpractice verdicts and settlements in the nation, particularly in New York City.
- ✓The continuous treatment doctrine tolls the statute of limitations while the same provider continues to treat the patient for the same condition.
- ✓New York follows a pure comparative negligence system, allowing recovery regardless of plaintiff's fault.
- ✓Future damages exceeding $250,000 must be paid periodically rather than as a lump sum under CPLR Article 50-A.
- ✓Expert witnesses are subject to the Frye standard for admissibility of scientific testimony.
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This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in New York.