Cervical Cancer Misdiagnosis Lawsuit in New York

A misdiagnosis claim can arise when a physician fails to order appropriate Pap smears or HPV testing, misreads lab results, dismisses abnormal findings, or fails to refer a patient to a specialist. In New York, the standard of care requires doctors to follow established screening protocols; a departure from that standard that causes harm is the basis for a medical malpractice claim.

New York's medical malpractice statute of limitations under CPLR §214-a is 2.5 years from the date of the negligent act or omission, or from the end of continuous treatment by the same physician or practice. For delayed cancer diagnosis cases, the continuous treatment doctrine is especially important — if you continued seeing the same doctor or practice after the misdiagnosis, the clock may not start until that treatment relationship ended, which can significantly extend your window. Because the exact start date depends on your specific treatment history, consulting an attorney as soon as possible is critical to protecting your claim.

In New York, plaintiffs in medical malpractice cases may recover compensation for past and future medical expenses, lost wages and diminished earning capacity, pain and suffering, and loss of enjoyment of life. Because New York follows a pure comparative fault rule, any damages award may be reduced if the patient is found partially at fault, such as by missing recommended screenings.

Yes. Under New York law, a plaintiff filing a medical malpractice suit must file a Certificate of Merit (CPLR § 3012-a) confirming that an attorney has consulted with a licensed physician who believes there is a reasonable basis for the claim. At trial, expert testimony from a qualified OB-GYN or oncologist is essential to establish the standard of care and how the defendant departed from it.