NYC Lawyer for Misdiagnosis & Delayed Diagnosis
Our misdiagnosis lawyer in NYC represents patients and families after missed, wrong, or delayed diagnoses cause serious, preventable harm.
Because one fall can change everything
When Doctors Miss What They Should Have Seen
A correct, timely diagnosis can be the difference between recovery and a lifetime of complications. When a doctor overlooks clear warning signs, dismisses your concerns, or waits too long to act, the result can be a misdiagnosis or delayed diagnosis that changes everything.
As a NYC medical malpractice attorney and misdiagnosis lawyer, Jesse D. Capell helps patients and families understand what went wrong and whether it rises to malpractice. We examine medical records, test results, and specialist notes to answer the question many people ask: “Was this just bad luck, or did my doctor fail to meet the standard of care?”
What Is Misdiagnosis and Delayed Diagnosis?
Understanding Diagnostic Errors in New York
Diagnostic errors take several forms, including:
- Misdiagnosis – diagnosing the wrong condition (for example, treating cardiac symptoms as heartburn).
- Delayed diagnosis – eventually finding the right condition, but later than a reasonably careful doctor would have, costing valuable treatment time.
- Failure to diagnose – never identifying the condition despite symptoms and available tests that should have pointed to it.
In New York, misdiagnosis malpractice occurs when a healthcare provider fails to act as a reasonably competent doctor would have under similar circumstances, and that failure causes harm. Not every missed diagnosis is malpractice—but when a doctor ignores test results, does not order appropriate imaging, or dismisses obvious symptoms, those choices may fall below the standard of care.
Common Conditions Involved in Misdiagnosis Lawsuits
While any condition can be misdiagnosed, certain patterns appear frequently in NYC misdiagnosis and delayed diagnosis lawsuits. Examples include:
Cancer Misdiagnosis or Late Cancer Diagnosis
Delays in diagnosing cancer can close the window for early, more effective treatment. In cancer misdiagnosis cases, doctors may misread imaging, dismiss suspicious lumps or symptoms, fail to follow up on abnormal lab results, or neglect to refer the patient to an oncologist. A delayed cancer diagnosis can mean more aggressive treatment, lower survival chances, and greater physical and emotional harm.
Stroke and Heart Attack Misdiagnosis
Stroke and heart attack symptoms are time-sensitive medical emergencies. When ER staff or doctors misinterpret chest pain, shortness of breath, weakness on one side, or difficulty speaking as “anxiety” or “just a migraine,” patients can lose critical time for clot-busting drugs or other interventions. Stroke misdiagnosis and heart attack misdiagnosis cases often focus on whether providers recognized red-flag symptoms and followed established protocols.
Infection and Sepsis Misdiagnosis
Infections that are not promptly diagnosed and treated can progress to sepsis, septic shock, and organ failure. Misdiagnosis may occur when providers attribute fever, pain, or confusion to minor illnesses without ordering necessary labs or imaging. A delayed diagnosis of infection can lead to ICU stays, surgeries, amputations, or death.
Misdiagnosis in Primary Care and Urgent Care
Primary care physicians and urgent care providers are often the first point of contact. Failing to take a thorough history, skipping a physical exam, or prematurely dismissing symptoms can lead to misdiagnosis of serious conditions like blood clots, meningitis, or appendicitis. These errors can escalate quickly once the patient is sent home without proper treatment.
Pediatric Misdiagnosis
Children may not describe symptoms clearly, placing extra responsibility on doctors to listen carefully to parents, ask the right questions, and order appropriate tests. Pediatric misdiagnosis can involve missed appendicitis, meningitis, fractures, and other conditions that require prompt treatment.
How Misdiagnosis Causes Harm
Why Diagnostic Errors Are So Dangerous
A misdiagnosis or delayed diagnosis does not just mean “starting treatment late.” It can affect nearly every aspect of a patient’s life:
- Disease progression while the wrong condition is treated—or nothing is treated at all
- More invasive procedures, chemotherapy, or surgeries than would have been necessary with earlier diagnosis
- Permanent injury, disability, or loss of function that could have been avoided
- Emotional distress from being told “it’s nothing” or “it’s all in your head”
- Financial strain from additional medical care, lost income, and long-term support needs
In wrongful death misdiagnosis cases, families are left grieving while wondering whether their loved one would still be alive if the doctor had acted sooner. Our role is to uncover what should have happened and to hold negligent providers accountable for the full scope of harm.
Proving Misdiagnosis and Delayed Diagnosis Malpractice
How We Build a Misdiagnosis Case
To prove a misdiagnosis lawsuit or delayed diagnosis claim in NY, we generally must show:
- You had a provider–patient relationship with the doctor or facility.
- A reasonably careful doctor would have made the diagnosis earlier or avoided the incorrect diagnosis based on the information available.
- The failure to diagnose, missed diagnosis, or delay caused your injury or made your condition significantly worse than it would have been with timely care.
- You suffered damages, such as additional treatment, pain and suffering, lost wages, or loss of life.
Our process typically includes:
- Obtaining complete medical records, imaging, and lab results from all providers involved.
- Reviewing timelines: when symptoms started, when you sought care, and when tests were ordered or ignored.
- Consulting with independent medical experts in the relevant specialty to answer key questions (for example, “Would a reasonably careful doctor have ordered a CT scan or MRI here?”).
- Analyzing whether follow-up systems failed—for example, abnormal test results that were never communicated or acted on.
- Determining how much worse your outcome is because of the delay or error, compared to what should have happened with proper care.
This careful, expert-driven approach allows us to answer important long-tail questions like “How do you prove misdiagnosis?” and “Can I sue for delayed diagnosis?” in the context of your specific case.
Why Work with Our Firm on Misdiagnosis Cases
Why Patients Choose Jesse D. Capell for Misdiagnosis Claims
- Focus on Serious Medical Malpractice and Injury Cases: We focus on high-impact cases—like misdiagnosis, surgical errors, and nursing home neglect—rather than trying to handle every type of legal matter. That focus helps us dig deeper into complex medical issues and present them clearly.
- Trial-Oriented Strategy from the Start: Misdiagnosis cases often involve major hospital systems and insurers. We approach each matter as if it may go to trial, preparing thoroughly and working with credible experts so we can negotiate from a position of strength.
- Clear, Honest Communication: We know you may already feel that you were not listened to by medical providers. Our approach is different: we take time to understand your story, explain the law in plain language, and give you straightforward guidance—even if that means telling you a case is unlikely to succeed.
- Contingency Fee Representation: You should not have to pay hourly fees just to find out what went wrong. We handle misdiagnosis and delayed diagnosis claims on a contingency fee basis, meaning you do not pay attorney’s fees unless we recover compensation for you.|
- Serving NYC and Beyond:
Our office is located in Manhattan, and we handle misdiagnosis cases throughout New York City and surrounding areas. Whether your care took place at a Brooklyn hospital, a Manhattan specialist’s office, or a clinic in Queens, we are prepared to investigate.
Misdiagnosis & Delayed Diagnosis FAQ
Can I sue for misdiagnosis?
Yes, you may be able to sue for misdiagnosis if a doctor’s failure to diagnose—or diagnosing the wrong condition—fell below the standard of care and caused you harm. A misdiagnosis alone is not enough; we must show that a reasonably careful doctor would likely have done things differently and that this would have prevented your injury or worsened outcome.
Is delayed diagnosis considered medical malpractice?
It can be. A delayed diagnosis malpractice claim usually focuses on whether the delay was avoidable. If a doctor ignored symptoms, failed to order appropriate tests, or did not follow up on abnormal results, and the delay made your condition significantly worse, that delay may be malpractice.
How long do I have to bring a misdiagnosis lawsuit in New York?
New York has specific statutes of limitations and rules for medical malpractice, including some special rules for continuous treatment or minors. Because deadlines are strict and sometimes complicated, it is important to speak with a misdiagnosis attorney as soon as you suspect something went wrong, so you do not lose your right to file.
What if another doctor eventually caught the mistake?
Many misdiagnosis cases involve a second doctor correctly identifying the problem. Even if your condition was eventually diagnosed, you may still have a claim if the delay led to more extensive treatment, permanent injury, or a worse prognosis than you would have had with timely care.
Will I have to testify against my doctor?
You may need to give testimony about your symptoms, your medical history, and how the delay or misdiagnosis affected your life. We prepare clients carefully and look for ways to minimize stress, especially if the doctor was someone you trusted. In many cases, the focus at trial is on expert testimony and records rather than solely on the patient’s memory.
How much is my misdiagnosis case worth?
There is no one-size-fits-all answer. Case value depends on factors like the severity of your injury, whether your condition is permanent, your medical bills, lost income, and how the harm has changed your daily life. During a free consultation, we can discuss these factors and how New York law approaches damages in misdiagnosis cases.
Related Medical Malpractice Services
Misdiagnosis and delayed diagnosis often overlap with other kinds of medical negligence. You may also be interested in:
Medical Malpractice
View an overview of all types of medical negligence cases the firm handles.
Surgical Errors
Errors in the operating room, including wrong-site surgery, retained instruments, and anesthesia mistakes.
Emergency Room Negligence
Cases where ER staff failed to recognize or properly treat serious conditions like heart attacks, strokes, or infections.
Nursing Home Abuse & Neglect
When misdiagnosis or delayed diagnosis occurs in long-term care settings such as nursing homes or rehab facilities.
Contact Us
Have Questions About a Possible Misdiagnosis?
If you suspect that a missed or delayed diagnosis caused serious harm to you or a loved one, you do not have to search for answers on your own. Our NYC medical malpractice and misdiagnosis lawyer can listen to your story, review your records, and give you clear guidance on what to do next.