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Can You Get Compensation for Misdiagnosis in NYC?

An injury caused due to a misdiagnosis error can have life-changing implications for a patient. A patient’s trust in a medical practitioner should not be rewarded with negligence that causes them to suffer a serious injury. Fortunately, a patient can pursue compensation from their doctor or hospital for misdiagnosis errors. If you or a family member was the victim of a diagnosis error, contact an experienced NYC medical malpractice lawyer today. At Sullivan & Galleshaw, LLP, we understand the impact a misdiagnosis error can have on a person, and we are here to fight for you. Our firm is here to explain how a patient can get compensation for misdiagnosis in New York.

Compensation Available for Misdiagnosis Errors in NYC

We often visit a doctor in the hopes they will provide us with an answer and treatment for an ailment. Unfortunately, some doctors may confuse the symptoms of one illness for the symptoms of a similar type of illness. When this type of misdiagnosis error occurs, the patient’s health could be in great danger as the illness could continue to worsen. Fortunately, if a patient can prevail in a medical malpractice lawsuit against the doctor that misdiagnosed their condition, they can receive compensation or damages for their injuries.

Generally, there are two types of damages available for plaintiffs that prevail in a medical malpractice claim: compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages are intended to return the plaintiff to the position they were in prior to the misdiagnosis error. While a patient can never truly return to the point before their injury, the compensation awarded can help satisfy a number of financial needs that arose due to the misdiagnosis.

There are two categories of compensatory damages available to plaintiffs: actual damages and general damages. Actual damages are meant to reimburse a plaintiff for expenses related to the misdiagnosis:

  • Loss of wages
  • Medical bills
  • Prescription medication expenses
  • Cost of medical equipment needed for rehabilitation

General damages are awarded for plaintiff losses that are difficult to quantify:

  • Loss of consortium (i.e., loss of companionship)
  • Loss of enjoyment of life
  • Pain and suffering
  • Future medical expenses and loss of future wages

Punitive Damages

Punitive damages are compensation that is awarded because a defendant acted so egregiously and recklessly concerning a duty they owed to another. For example, if a doctor was aware that they misdiagnosed a patient but did not make any attempt to correct their mistake, this could be grounds for punitive damages. While compensatory damages are meant to compensate a plaintiff for their monetary and emotional losses, punitive damages are intended to punish a defendant.

It is important to note that the State of New York does not impose caps on compensatory damages or punitive damages awarded to plaintiffs in a medical malpractice claim. However, there could be a chance that a plaintiff could affect the amount of their damages because they were partly negligent.

New York operates under the doctrine of pure comparative fault for cases based on negligence. This means that an award of damages can be decreased in proportion to your level of negligence. For example, if a plaintiff was found 50% responsible for their injuries, they will still be able to recover compensation, but it will be decreased by 50%. A plaintiff can still recover even if they are up to 99% responsible for their injuries.

To learn more about when to file a lawsuit for medical malpractice, continue reading and speak with an experienced medical malpractice lawyer.

Statute of Limitations for Medical Misdiagnosis Lawsuits in NYC

If you wish to file a medical malpractice claim due to a misdiagnosis error, you should be aware that your claim is subject to the statute of limitations. The statute of limitations sets the length of time that a plaintiff has to file a lawsuit. This deadline can vary on the type of lawsuit being filed by a claimant.

In New York, the statute of limitations for a medical malpractice lawsuit is 2.5 years from the date of the malpractice. If a plaintiff fails to file their claim within this timeframe, the court can bar their claim if the defendant requests a motion to dismiss.

Note, however, that there are multiple exceptions to the statute of limitations rule. This means that a claimant’s filing deadline can be delayed for a certain amount of time. If you are curious whether your case applies for a filing deadline exception, you should speak with one of our experienced attorneys.

While 2.5 years is a generous amount of time to file a case, we recommend that claimants file their lawsuits as soon as possible to ensure an attorney can provide them with the representation they deserve without rushing the case.

Allow Our Experienced NYC Medical Misdiagnosis Error Attorneys to Represent You

If you suffered an injury due to a misdiagnosis mistake, you should consult with an experienced NYC personal injury lawyer. The injury lawyers at Sullivan & Galleshaw, LLP, have a wealth of experience litigating complex medical injury claims, and we would be pleased to work with you. To schedule a free legal consultation to discuss your claim, contact Sullivan & Galleshaw, LLP at (718) 843-0300. You can also contact the firm online.


Over our many years practicing personal injury law, our highly experienced legal team has earned a reputation for excellence. Our attorneys have appeared on major media outlets such as Fox News and MSNBC . Our firm’s legal accomplishments have been profiled by the New York Law Journal, the Los Angeles Times, ESPN, and the Associated Press. We have won multiple verdicts in excess of $1 million, making us proud members of the Million Dollar Advocates Forum, a prestigious organization which admits fewer than 1% of all attorneys in the United States. We were named Super Lawyers in 2011, and enjoy a perfect 10/10 Superb rating on national attorney database Avvo.

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