New York City Misdiagnosis Lawyer

A doctor’s missed or incorrect diagnosis does not always stay on paper. It follows a patient into the wrong treatment, through procedures that should never have happened, and sometimes into outcomes that cannot be reversed. When a condition like cancer, a heart attack, a stroke, or a serious infection goes unrecognized, the window for effective treatment closes. By the time the correct diagnosis arrives, real harm has already been done. A New York City misdiagnosis lawyer can help you understand whether that harm gives rise to a legal claim and what compensation may be available to you.

New York’s medical malpractice law holds physicians, hospitals, diagnostic labs, and other healthcare providers to a defined standard of care. When a provider’s failure to diagnose, delayed diagnosis, or incorrect diagnosis falls below that standard and causes injury, the law provides a mechanism for accountability. These cases are document-intensive, expert-driven, and procedurally demanding. The difference between a viable claim and a dismissed one often comes down to how the case is built from the beginning.

Mark David Shirian P.C. represents patients and families across New York City who have been harmed by diagnostic failures. Attorney Mark D. Shirian and Senior Associate Shawn D. Shirian take a thorough, detail-oriented approach to these cases, examining medical records, identifying the point of failure, and working with qualified medical experts to establish exactly where the standard of care was breached and what it cost the patient.

What Makes Misdiagnosis Cases Legally Complex in New York

Not every diagnostic error rises to the level of malpractice. A misdiagnosis attorney in New York City must demonstrate more than the fact that a wrong diagnosis was made. The legal framework requires showing that a competent physician under the same circumstances would have reached the correct diagnosis, that this particular provider failed to do so, and that the failure caused harm beyond what the patient would have suffered with proper care. That third element, causation, is where many cases become difficult to prove without strong medical expert support.

New York courts require that medical malpractice plaintiffs file a certificate of merit or have an attorney affirm that the claim has been reviewed by a qualified medical professional before the case moves forward. Strict filing deadlines apply. Under New York’s statute of limitations for medical malpractice, claims generally must be filed within two and a half years from the act of malpractice, or in some cases from when the continuous treatment ended. There are exceptions, including rules specific to foreign object cases and situations involving minors, but these exceptions are narrow. Missing the deadline almost always ends the case permanently.

New York City’s concentration of major academic medical centers, community hospitals, urgent care networks, and specialty clinics means that misdiagnosis cases can arise across a wide range of healthcare settings. Whether the failure occurred at a Manhattan hospital system, a Brooklyn urgent care clinic, or a Queens specialty practice, the legal analysis is grounded in the same core question: did this provider meet the standard of care?

Types of Diagnostic Failures That Lead to Malpractice Claims

• Failure to diagnose cancer: One of the most common and devastating diagnostic errors, involving missed findings on imaging studies, pathology reports read incorrectly, or symptoms dismissed as benign when a biopsy or further workup was warranted.
• Delayed stroke diagnosis: Strokes require treatment within a narrow time window. Emergency physicians who attribute stroke symptoms to other causes and delay imaging or intervention can dramatically worsen a patient’s neurological outcome.
• Missed heart attack or cardiac event: Atypical presentations, particularly in women and younger patients, are frequently misattributed to anxiety, acid reflux, or musculoskeletal pain, leading to fatal or permanently damaging delays in cardiac care.
• Misdiagnosis of serious infections: Sepsis, meningitis, and appendicitis carry high mortality risk when treatment is delayed. Providers who fail to recognize the clinical picture and order appropriate tests may bear liability for the resulting harm.
• Incorrect psychiatric diagnosis: A patient diagnosed with a mental health condition that is actually the symptom of an underlying neurological or endocrine disorder can spend months or years on the wrong treatment while the true condition progresses.
• Radiology and lab interpretation errors: Radiologists who miss findings on CT scans, MRIs, or X-rays, and laboratory personnel who report inaccurate results, can be independently liable when those errors lead to a missed or incorrect diagnosis.
• Failure to diagnose pulmonary embolism or deep vein thrombosis: These conditions mimic more common complaints. When a provider fails to order appropriate imaging for a patient with recognizable risk factors, the consequences can be fatal.

What to Do After a Misdiagnosis in New York City

The first priority is your health. If you suspect you received a wrong or delayed diagnosis, seek evaluation from a different physician or a specialist immediately. Do not rely on the same provider or facility to self-correct. Get a second opinion in writing, and make sure your new provider documents the discrepancy clearly. Your current medical trajectory needs to be corrected before legal considerations can take center stage.

Once your medical situation is stabilized, begin preserving records. Request your complete medical records from every provider involved, including primary care physicians, specialists, radiologists, and any hospitals or urgent care facilities. Under New York law, patients have the right to access their own records. Collect everything, including imaging, lab results, referral notes, discharge summaries, and billing records. These documents form the evidentiary backbone of any misdiagnosis claim.

Keep a written account of your experience. Note when symptoms first appeared, what you reported to your providers, what you were told, how the diagnosis changed, and how your condition progressed. This timeline matters when a medical expert later reconstructs the sequence of events to evaluate where the standard of care was breached.

Medical malpractice cases in New York are filed in the Supreme Court of the relevant county. Cases arising in Manhattan go to New York County Supreme Court. Cases involving providers in Brooklyn fall under Kings County Supreme Court. The Bronx is Bronx County Supreme Court, Queens cases go to Queens County Supreme Court, and Staten Island cases are handled by Richmond County Supreme Court. Each courthouse has its own procedural calendar, and pre-trial management of complex medical malpractice cases in New York City can extend over multiple years. Understanding this timeline from the outset helps patients make informed decisions about whether to pursue litigation.

One of the most common mistakes patients make is waiting too long to consult a misdiagnosis attorney in New York City. The statute of limitations is unforgiving, and the expert review process required before filing takes time to complete properly. Beginning the process early preserves options. Beginning too late eliminates them.

Why Mark David Shirian P.C. Handles These Cases the Way It Does

Mark David Shirian P.C. was founded in 2016 with a defined purpose: to help people who have been wronged. The firm represents clients in serious personal injury and catastrophic harm cases, including medical malpractice claims arising from diagnostic failures. Attorneys Mark D. Shirian and Shawn D. Shirian approach every case with close attention to the details that determine outcomes. Client reviews consistently describe Mark D. Shirian as someone who pays close attention to case-specific details, works extremely hard, and remains genuinely invested in results. That track record extends to complex, document-heavy cases where thoroughness is the difference between recovery and failure.

The firm has recovered millions on behalf of clients across practice areas, operating with the resources and strategic depth of a larger firm while maintaining the one-on-one attention of a boutique practice. For a patient who has already been let down by a healthcare system that failed to diagnose their condition correctly, having a New York City misdiagnosis attorney who takes the time to understand the medical and legal facts is not a luxury. It is the foundation of the case. That is how this firm works.

Questions About Misdiagnosis Claims in New York

What is the difference between a misdiagnosis and a delayed diagnosis in a legal claim?

Both can form the basis of a malpractice claim, but the legal analysis differs slightly. A misdiagnosis involves a provider identifying the wrong condition entirely and treating accordingly. A delayed diagnosis means the correct condition was eventually identified, but not in time to prevent additional harm. In both situations, the key legal question is whether a reasonably competent physician would have reached the correct diagnosis sooner, and whether the failure to do so caused harm that would not otherwise have occurred.

Does a bad outcome automatically mean medical malpractice occurred?

No. Medicine involves uncertainty, and some conditions progress despite appropriate care. Malpractice requires proving that the provider’s conduct fell below the accepted standard of care, not simply that the outcome was bad. A cancer patient who received a timely and accurate diagnosis but whose cancer progressed anyway has a different legal situation than a patient whose diagnosis was delayed by six months due to a failure to order indicated tests.

Can I sue a hospital for a misdiagnosis, or only the individual physician?

Both are often possible. Hospitals may be directly liable if the misdiagnosis resulted from systemic failures, inadequate staffing, or flawed protocols. If the physician who made the error was an employee of the hospital rather than an independent contractor, the hospital may also face vicarious liability for the physician’s conduct. The structure of liability depends on the specific facts, employment relationships, and the role the institution played.

What if I signed a consent form before the treatment that followed the misdiagnosis?

Consent forms do not waive your right to pursue a malpractice claim based on a diagnostic failure. Informed consent applies to the specific risks of a disclosed procedure, not to a provider’s negligence in reaching the wrong diagnosis in the first place. If you underwent surgery or treatment for a condition you did not actually have because a physician misdiagnosed you, the consent form does not shield that physician from liability for the underlying diagnostic error.

How long do misdiagnosis cases typically take in New York courts?

Medical malpractice cases, including misdiagnosis claims, are among the most time-intensive civil matters in New York. From filing to resolution, a contested case litigated through trial can take several years. Cases that settle before trial resolve faster, but even settlement negotiations typically occur after substantial discovery, including depositions of treating physicians and retained experts. Patients should approach these cases with realistic expectations about timeline.

What if the misdiagnosis happened at a public hospital or city-run clinic?

Claims against public hospitals, including those run by New York City or a government entity, require a Notice of Claim filed within 90 days of the injury. Missing this deadline typically bars the claim entirely. This shortened timeline applies to facilities like those in the NYC Health + Hospitals system. If a public facility is involved, contacting a misdiagnosis attorney in New York City as quickly as possible after the harm is identified is critical.

Can a radiologist or pathologist be sued separately for a missed finding?

Yes. Radiologists and pathologists owe an independent duty of care when interpreting studies and specimens. If a radiologist failed to identify a tumor visible on imaging, or a pathologist misread a biopsy result, that provider may be independently liable for the harm that followed. These claims can proceed alongside claims against the ordering physician, depending on how the negligence contributed to the overall failure of diagnosis.

What types of damages can be recovered in a New York misdiagnosis case?

Recoverable damages in a successful misdiagnosis claim can include past and future medical expenses for treatment made necessary by the delayed or incorrect diagnosis, lost income and diminished earning capacity, compensation for physical pain and suffering, and in some cases damages for emotional distress and loss of enjoyment of life. In cases involving wrongful death resulting from a fatal misdiagnosis, surviving family members may bring separate claims under New York’s wrongful death statute.

What happens if the patient contributed to the misdiagnosis by not disclosing symptoms accurately?

New York follows a comparative fault framework in civil cases. If a patient’s failure to report symptoms or follow up on referrals contributed to the diagnostic failure, that may reduce the recoverable damages proportionally. However, it does not automatically eliminate a claim. The analysis focuses on what information the provider had available and whether a competent physician would have identified the problem based on what was known or knowable at the time.

Is it possible to bring a misdiagnosis claim on behalf of a deceased family member?

Yes. When a misdiagnosis leads to a patient’s death, the estate may bring a survival action to recover damages the patient suffered before death, including pain and suffering and medical expenses. Surviving family members may also bring a wrongful death claim for their own losses, including loss of financial support and loss of companionship, depending on the relationship. Both types of claims are governed by distinct procedural rules under New York law, and the deadlines for each must be evaluated carefully.

Representing Misdiagnosis Clients Across New York City and Surrounding Areas

Mark David Shirian P.C. represents patients and families throughout the five boroughs and beyond. In Manhattan, the firm serves clients from Midtown, the Upper East Side, Washington Heights, Harlem, and the Financial District. Brooklyn clients come from Park Slope, Flatbush, Sunset Park, Bay Ridge, Bushwick, and Crown Heights. The firm handles cases arising in Queens neighborhoods including Flushing, Jamaica, Astoria, Jackson Heights, Woodside, and Forest Hills. Bronx clients from Fordham, Mott Haven, Pelham Bay, and Riverdale have relied on the firm’s representation. Staten Island residents from St. George, Tottenville, and New Dorp are also served.

Beyond the five boroughs, the firm represents clients in Nassau County, Suffolk County, Westchester County, and other areas of New York State where patients have suffered harm from a diagnostic failure. Wherever the malpractice occurred within New York, the legal framework is the same, and the firm’s approach is the same: close attention to the medical record, strategic engagement with the legal process, and genuine investment in the outcome for the client.

Talk to a New York City Misdiagnosis Attorney About Your Case

Diagnostic errors cause real, lasting harm. When a physician or healthcare facility fails to identify a serious condition in time, the patient bears the consequences, often for years. A New York City misdiagnosis attorney at Mark David Shirian P.C. can review your medical history, evaluate whether a standard of care breach occurred, and explain what a legal claim would actually look like given your specific facts. The firm offers confidential case evaluations for prospective clients, and there is no obligation to retain the firm after that conversation.

Attorney Mark D. Shirian and Shawn D. Shirian are ready to listen, ask the right questions, and give you an honest assessment of where your case stands. Reach out to Mark David Shirian P.C. to schedule your evaluation and speak directly with a misdiagnosis attorney serving New York City and the surrounding region.