Misdiagnosis and Delayed Diagnosis Claims in New York

When a Diagnostic Error Is Malpractice

Doctors aren't liable simply for being wrong. Liability arises when a competent provider would have made the correct diagnosis — for example, by ordering an indicated test or recognizing classic symptoms — and the error caused harm.

The Harm of Delay

With conditions like cancer, heart attack, and stroke, delay can mean the difference between a treatable condition and a catastrophic outcome. The injury is the lost opportunity for timely treatment.

Lavern's Law

For certain cancer cases, New York's Lavern's Law allows the malpractice clock to start when the patient discovers (or should have discovered) the error, rather than when it occurred. This helps patients whose harm wasn't immediately apparent.

Proving the Case

These claims require careful expert analysis of what was known, what should have been done, and how the delay changed the outcome. Early legal review preserves crucial evidence.