At Roth & Khalife LLP, we understand the devastating impact a misdiagnosis can have on your health, well-being, and future. When you seek medical care, you trust your doctor to correctly identify your condition and provide the appropriate treatment. However, when a healthcare provider fails to diagnose an illness accurately—or diagnoses the wrong condition—it can lead to severe consequences, including delayed treatment, unnecessary procedures, and worsening health complications. In some cases, a misdiagnosis isn’t just a mistake; it may be medical malpractice. If you or a loved one has suffered harm due to a doctor’s diagnostic error, our experienced legal team is here to help you understand your rights and pursue the justice you deserve.
What Is Considered Misdiagnosis?
Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition or fails to identify it altogether. This can happen in various medical settings, from emergency rooms to primary care offices, and can have serious consequences for patients.
Several common scenarios qualify as misdiagnosis:
- Failure to diagnose a condition that exists
- Diagnosing a patient with the wrong illness
- Unreasonable delay in reaching the correct diagnosis
- Failing to recognize complications that change or aggravate an existing condition
For New Yorkers dealing with health issues, misdiagnosis can be particularly troubling. Imagine visiting your doctor with concerning symptoms, only to be told you have a minor condition when you actually have something much more serious. During this time, your true condition may worsen without proper treatment.
Common conditions frequently misdiagnosed include cancer, heart attacks, stroke, infections, and various neurological disorders. These misdiagnoses often occur due to similar presenting symptoms between different conditions, inadequate patient history review, failure to order appropriate diagnostic tests, or misinterpretation of test results.
At Roth & Khalife LLP, we understand that determining whether a misdiagnosis has occurred requires close examination of your medical records and consultation with medical professionals who can identify where your care deviated from established standards of practice in New York’s healthcare system.
Not every misdiagnosis constitutes medical malpractice, however. The key question is whether your healthcare provider failed to meet the standard of care that another reasonable healthcare provider would have provided under similar circumstances. If your doctor followed proper diagnostic procedures but still reached an incorrect conclusion, this might not rise to the level of malpractice.
Is Misdiagnosis Medical Malpractice?
The Four Elements of Medical Malpractice
Not all misdiagnoses automatically qualify as medical malpractice under New York law. For a misdiagnosis to be considered medical malpractice, several critical elements must be present in your case:
- Doctor-Patient Relationship: There must be an established relationship, confirming that the healthcare provider had a duty of care toward you.
- Deviation from Standard of Care: The healthcare provider must have failed to provide the level of care that other reasonable medical professionals would have in similar circumstances.
- Causation: This deviation must have directly caused you harm.
- Damages: You must have suffered actual damages—physical pain, additional medical expenses, lost wages, or other losses—as a result.
What Makes a Misdiagnosis Negligent?
In New York courts, proving medical malpractice requires showing that your doctor’s actions fell below the expected professional standard.
Examples of potentially negligent practices include:
- Failing to order tests that other physicians would typically request for your symptoms
- Ignoring critical information in your medical history
- Misinterpreting test results in a way that other qualified doctors would not have
- Failing to refer you to appropriate specialists
- Not following up on concerning symptoms or test results
When Misdiagnosis May Not Be Malpractice
It’s important to note that medicine isn’t an exact science. Some conditions are inherently difficult to diagnose, and doctors sometimes make judgment calls based on incomplete information. A doctor who follows appropriate diagnostic protocols but still reaches an incorrect conclusion may not be liable for malpractice.
Time Limitations for Filing a Claim
The timing of the misdiagnosis also matters. New York’s statute of limitations generally allows patients 2.5 years from the date of the alleged malpractice to file a lawsuit. However, there are exceptions such as:
- The “discovery rule” for objects left inside a patient’s body
- Continuous treatment situations where the same doctor continues treating you for the same condition
- Different rules for minors
How We Evaluate Misdiagnosis Cases
At Roth & Khalife LLP, we carefully evaluate each potential medical malpractice case by:
- Reviewing all relevant medical records
- Consulting with medical professionals
- Determining whether the misdiagnosis resulted from negligence rather than an understandable limitation of medical knowledge
This thorough approach helps us identify cases where patients deserve compensation for injuries caused by substandard medical care. If you believe you’ve been harmed by a misdiagnosis, contacting our firm promptly ensures we can begin investigating your case before crucial evidence disappears and while the timeline for legal action remains open.
Most Common Medical Misdiagnoses
Cancer Misdiagnoses
Cancer misdiagnosis is unfortunately common in New York hospitals and medical practices. Breast, colorectal, lung, and prostate cancers are frequently misdiagnosed or detected at later stages when treatment is less effective. These errors often occur when radiologists misinterpret imaging studies, pathologists incorrectly analyze tissue samples, or primary care physicians fail to order appropriate screening tests despite risk factors. For cancer patients, every day of delayed diagnosis can impact survival rates and treatment options.
Cardiovascular Conditions
Heart attacks and strokes are life-threatening emergencies that are misdiagnosed with alarming frequency, particularly in emergency room settings. Heart attacks in women are especially prone to misdiagnosis because they often present with “atypical” symptoms like fatigue, nausea, or pain in the jaw or back rather than the classic chest pain. Similarly, strokes may be mistaken for migraines, intoxication, or other neurological conditions, particularly in younger patients where stroke is less expected.
Infections and Sepsis
Serious infections, particularly sepsis, require immediate intervention. When doctors mistake early sepsis for less serious conditions like the flu, the infection can rapidly progress to septic shock. In New York hospitals, we’ve seen cases where patients arrived with early signs of sepsis but were sent home with diagnoses of viral illnesses, resulting in catastrophic outcomes that could have been prevented with proper antibiotics and supportive care.
Neurological Disorders
Conditions like multiple sclerosis, Parkinson’s disease, and Alzheimer’s disease share symptoms with many other disorders, making them challenging to diagnose correctly. MS, for instance, is commonly misdiagnosed as fibromyalgia, psychiatric disorders, or viral infections. These neurological misdiagnoses often result in years of inappropriate treatments and delayed access to therapies that could slow disease progression.
Emergency Room Misdiagnoses
The fast-paced environment of emergency departments creates particular risks for diagnostic errors. Appendicitis is often mistaken for gastroenteritis or food poisoning. Pulmonary embolisms may be misdiagnosed as anxiety or pneumonia. Aortic dissections might be confused with heart attacks or gastrointestinal problems. These emergency conditions require prompt diagnosis and treatment to prevent life-threatening complications.
Psychiatric Condition Misdiagnosis
Mental health conditions are frequently misdiagnosed or overlooked in medical settings. Physical symptoms are sometimes inappropriately attributed to anxiety or depression when actual physical conditions are present. Conversely, serious mental health conditions might be missed or misclassified, leading to ineffective treatment plans and worsening symptoms.
Why These Misdiagnoses Occur
These common misdiagnoses typically happen due to:
- Inadequate time spent with patients
- Failure to obtain complete medical histories
- Overreliance on initial impressions
- Inappropriate dismissal of patient concerns
- System failures in following up on test results
- Poor communication between healthcare providers
At Roth & Khalife LLP, we’ve represented numerous New Yorkers who have suffered from these common types of misdiagnoses. Our experience with these cases allows us to quickly identify when medical standards have been breached and build compelling arguments for our clients who have been harmed by diagnostic errors.
Claiming Compensation for a Misdiagnosis
If you’ve suffered harm due to a misdiagnosis, New York law allows you to seek various forms of compensation:
Economic Damages include quantifiable financial losses such as:
- Additional medical expenses required to treat your worsened condition
- Lost wages from missed work during recovery
- Reduced earning capacity if your condition prevents return to previous employment
- Future medical costs for ongoing care or treatment
Non-Economic Damages address the human cost of medical negligence:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of consortium (impact on relationship with spouse)
In rare cases of extreme negligence, punitive damages may be awarded, though these are uncommon in medical malpractice cases.
The Compensation Process
Filing a medical malpractice claim for misdiagnosis in New York involves several critical steps:
- Medical Record Review: We collect and analyze all relevant medical documentation to establish what happened in your case.
- Certificate of Merit: New York law requires filing a certificate of merit, confirming that an attorney has consulted with a medical professional who believes there is a reasonable basis for your claim.
- Expert Testimony: Medical experts must evaluate whether your provider deviated from accepted standards and how this caused your injuries.
- Documentation of Damages: We gather evidence of all losses, including medical bills, employment records, and testimony about how the misdiagnosis has impacted your life.
- Settlement Negotiations: Many cases resolve through settlement discussions with the healthcare provider’s insurance company before trial.
- Trial Preparation: If a fair settlement isn’t offered, we prepare to present your case before a jury.
Time Considerations
New York’s statute of limitations gives you limited time to file your claim. Generally, you have 2.5 years from the date of the misdiagnosis or from the end of continuous treatment for the same condition. Delaying action can result in the permanent loss of your right to compensation.
The Value of Legal Representation
Medical malpractice claims involving misdiagnosis are among the most complex personal injury cases. Having experienced legal representation significantly impacts your chances of receiving fair compensation. Our firm has the resources to thoroughly investigate your case, work with qualified medical experts, and advocate effectively for your interests throughout the legal process.
If you believe you’ve suffered harm from a misdiagnosis, contact our office for a confidential consultation to discuss your potential claim and the compensation you may be entitled to receive.
Contact Roth & Khalife LLP’s Medical Malpractice Lawyers Today
If you or a loved one has suffered due to a misdiagnosis, don’t face this challenging situation alone. Our experienced medical malpractice lawyers understand the complexities of these cases and the devastating impact they can have on New York families. At Roth & Khalife LLP, we provide compassionate, personalized legal representation focused on securing the compensation you deserve. We offer free initial consultations to evaluate your case and explain your legal options without any obligation. Our medical malpractice attorneys work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Call our New York office today at 212-608-3015 or complete our online contact form to schedule your confidential consultation and take the first step toward justice and recovery.