Can You Sue If Cervical Cancer Wasn’t Caught by Pap Smear?

You must show that a doctor, pathologist, or lab owed you a duty of care, breached the accepted standard of medical practice by misreading or ignoring an abnormal Pap smear result, and that this breach directly caused your harm — such as cancer advancing to a later stage. Expert medical testimony is required under New York law to establish the standard of care and the deviation from it.

New York’s statute of limitations for medical malpractice is 2.5 years (30 months) from the date of the negligent act or the end of continuous treatment by the same provider, under CPLR §214-a. If you were a minor at the time, the clock may be tolled. Because this deadline is strict, you should consult an attorney as soon as you learn your cancer was delayed in diagnosis.

Liability can extend to the gynecologist or OB-GYN who ordered the test, the pathology laboratory that analyzed the sample, the pathologist who reviewed the slide, and any physician who received an abnormal result but failed to follow up. In New York, multiple defendants can be named in the same action under principles of joint and several liability.

Recoverable damages in a New York medical malpractice case typically include past and future medical expenses (including treatment for a more advanced cancer stage), lost wages and future earning capacity, pain and suffering, and loss of consortium for a spouse. New York does not cap economic damages in medical malpractice cases, though non-economic damages awards are subject to judicial review for reasonableness.