Are Doctors Liable for Misdiagnosis in New York?


When you visit a doctor, you expect them to use their knowledge and expertise to determine the correct diagnosis and offer you appropriate treatment. You place your trust in medical professionals during some of the most difficult and vulnerable moments of your life. However, far too many doctors disregard this important responsibility and allow negligent actions to negatively impact their patients’ health.

If a doctor misdiagnosed your medical condition in New York, they may be liable for the harm you and your loved ones suffered. When negligence or carelessness causes your misdiagnosis, you have the right to fight back and file a medical malpractice claim.

Medical malpractice laws give you the power to demand compensation for the harm that a medical professional caused. However, this area of law is difficult and confusing, and the medical professional who hurt you will do everything possible to discredit your claim.

If you are planning to file a misdiagnosis malpractice claim against your doctor, you need the help of the New York medical malpractice attorneys at Finz & Finz P.C. We have over 35 years of experience protecting the victims of malpractice, and we understand how to manage the complexities of your case.

Take the first step toward the compensation you need by calling Finz & Finz P.C. at 855-TOP-FIRM today. We offer a free, no-obligation initial case evaluation, so you know your legal options and how our skilled attorneys can help.

Medical Misdiagnosis Statistics

Medical misdiagnosis is unfortunately common throughout the United States. A 2017 study from the Mayo Clinic found that approximately 20% of patients receive an incorrect diagnosis. Furthermore, 66% of patients require changes to their initial diagnosis to account for the full extent of their medical condition. In a single year, nearly 12 million adults will receive an incorrect diagnosis from their medical provider.  

If you do not receive the correct diagnosis, you and your loved ones may suffer through preventable pain or endure unnecessary medical procedures. In some cases, a misdiagnosis can have a permanent impact on your health and your life. Almost 28% of all misdiagnoses result in life-threatening or life-altering complications.

Medical professionals have a responsibility to offer you the best diagnosis and treatment possible. When a doctor fails to provide the necessary standard of care, they need to face consequences for their actions.

Types of Misdiagnosis Claims

Filing a misdiagnosis malpractice claim may be appropriate under several different circumstances. Many people understand a misdiagnosis as receiving an incorrect diagnosis. However, misdiagnosis is actually an umbrella term that includes a variety of reasons you may not receive the diagnosis and medical care you need.

Some of the most common types of misdiagnosis claims include:

  • Incorrect diagnosis: a medical professional may diagnose you with a condition that you do not have. You may receive treatment for the incorrectly diagnosed illness, which can exacerbate your actual condition.
  • Missed diagnosis: a medical professional may diagnose you as healthy, even though you are suffering from a serious medical condition.
  • Delayed diagnosis: a medical professional may offer a correct diagnosis but only after a significant amount of time has passed. This delay may cause your condition to progress beyond the point when treatment and recovery are possible.
  • Incomplete diagnosis: a medical professional fails to diagnose additional disorders related to your initial medical concern. This may result in your doctor treating your symptoms rather than identifying and treating the source.

Any type of misdiagnosis can significantly delay the treatment that you need, and your condition may worsen without appropriate medical care. You should never have to suffer additional pain and emotional trauma because of a doctor’s negligent behavior.

Why Does Misdiagnosis Occur?

Determining an accurate diagnosis is a difficult task, which requires doctors to perform extensive lab tests, imaging, and other diagnostic measures. If your doctor followed all of the standard diagnostic procedures and still misdiagnosed your condition, they may not be liable for the harm you have suffered.

However, in many cases, a doctor’s negligence may cause them to misdiagnose your condition. For example, your doctor may disregard your symptoms if the diagnosis is not immediately apparent, or exhaustion may cause a doctor to make serious errors.

Some of the most common ways that misdiagnosis occurs include:

  • Insufficient time spent with the patient to discuss concerns and medical history
  • Failure to perform a comprehensive evaluation
  • Failure to order diagnostic tests or imaging
  • Ordering incorrect tests
  • Misinterpreting test results
  • Inadequate medical training
  • Failure to refer a patient to appropriate specialists 
  • Making mistakes while fatigued or stressed

All of these problems are entirely preventable when doctors perform their job well and take the time necessary to care for their patients. Unfortunately, long work hours and countless distractions can easily lead medical professionals to neglect their duty and misdiagnose a serious condition.

How Can a Medical Malpractice Attorney Help?

When filing a misdiagnosis malpractice claim, you must provide substantial evidence to prove that your doctor’s negligence caused you harm. Gathering all of the documentation you need for your claim takes time, and in many cases, you will need expert witnesses to testify on your behalf. A skilled medical malpractice attorney has the necessary resources to help you build the best possible case. They will spend their time collecting the information you need, while you focus on your health and your loved ones.

Furthermore, your attorney understands the legal system and the complex process of filing a medical malpractice claim. They will help you avoid any errors, such as missed filing deadlines, which could jeopardize your case. If a misdiagnosis hurt you or a loved one, you need compensation as soon as possible. Your malpractice attorney will be prepared to fight for you, to ensure you receive the financial support you deserve.

Contact Finz & Finz P.C. Today

The medical malpractice attorneys at Finz & Finz P.C. are dedicated to protecting New York residents after a harmful misdiagnosis. Set up a free case evaluation today by contacting Finz & Finz P.C. at 855-TOP-FIRM or completing our online contact form. We are ready to take on your case right now, and we will not rest until you receive a fair settlement.

  • About the Author
  • Latest Posts

Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.