Can Cancer Misdiagnosis Be Medical Malpractice in NY?

A cancer misdiagnosis rises to malpractice when a physician deviated from the accepted standard of care—for example, by failing to order appropriate diagnostic tests, misreading imaging or biopsy results, or dismissing symptoms a competent doctor would have investigated. You must also show that this deviation caused you harm, such as a more advanced cancer stage requiring more aggressive treatment, or a reduced chance of survival.

Under CPLR §214-a, New York’s statute of limitations for medical malpractice is 2.5 years from the date of the negligent act or from the end of continuous treatment by the same provider for the same condition. Missing this deadline generally bars your claim entirely, so contacting an attorney promptly is critical.

Yes. New York requires a certificate of merit to be filed with the court within 90 days of the complaint. Your attorney must consult with a licensed physician who confirms there is a reasonable basis to believe malpractice occurred. This requirement exists to filter out claims without credible medical support before litigation proceeds.

Recoverable damages may include past and future medical expenses for additional treatment caused by the delay, lost income and diminished earning capacity, pain and suffering, and in fatal cases, wrongful death damages for surviving family members. New York does not cap most compensatory damages in medical malpractice cases, though each case depends on its specific facts and evidence.