Can You Sue for Misdiagnosis of Cancer in NY?

To succeed in a New York medical malpractice claim for cancer misdiagnosis, you must show that a doctor or healthcare provider deviated from the accepted standard of care, that a competent physician in the same specialty would have correctly diagnosed or further investigated your condition, and that this failure directly caused you harm. Harm typically means delayed treatment, disease progression, more aggressive treatment requirements, or a reduced chance of survival.

New York medical malpractice claims are governed by CPLR §214-a, which sets a 2.5-year (30-month) statute of limitations from the date of the negligent act or the end of continuous treatment by the same provider. In cancer misdiagnosis cases, the clock typically starts when the misdiagnosis occurred or when treatment with that provider ended. Because these deadlines are strict, you should consult an attorney as soon as you suspect a misdiagnosis.

You may have claims against multiple parties, including the primary care physician who failed to order appropriate tests, radiologists who misread imaging studies, pathologists who misinterpreted biopsy results, specialists who failed to identify warning signs, or the hospital or clinic where the negligent care occurred. New York law allows claims against both individual providers and the institutions that employ them.

New York law allows victims of cancer misdiagnosis to seek compensation for additional medical costs caused by the delay, lost wages and future earning capacity, physical pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving a wrongful death caused by delayed cancer treatment, the decedent’s estate and family members may also pursue a wrongful death claim under EPTL §5-4.1.