New York Misdiagnosis Attorney

Have you or a loved one suffered an injury from a delayed or missed diagnosis in New York? A medical misdiagnosis can have serious consequences on your health, exacerbating your actual condition or causing a severe injury. In the worst cases, you may be unable to work or support your family. Fortunately, you can recover compensation for your losses with the help of a NYC misdiagnosis lawyer.

A skilled NYC misdiagnosis attorney at Meirowitz & Wasserberg will investigate your case and file a lawsuit against the negligent doctors or medical facilities that harmed you. You can pursue damages for medical expenses, lost wages, pain and suffering, and more. 

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Why Choose Meirowitz & Wasserberg as Your Misdiagnosis Attorney in NYC?

Meirowitz & Wasserberg is a team of skilled and knowledgeable NYC personal injury attorneys with decades of experience representing injured victims. We strongly believe in fighting for everyday people harmed by others’ negligent actions. Nothing is more important to us than our clients, and we devote our full attention and support to every case we handle.

As Nationally Recognized Trial Attorneys, we’re known for our dynamic presence inside and outside the courtroom. Our lawyers are the proud recipients of numerous awards, including Top 100 Trial Lawyers, Super Lawyers, and Super Lawyer Rising Stars. 

Throughout the years, we’ve represented hundreds of clients in medical malpractice cases, including misdiagnosis. We’ve obtained more than $360 million in verdicts and settlements for clients. We always push for the maximum compensation and will take a case to court if the defendant is unwilling to offer a fair settlement.  

Here’s a look at what some of our clients had to say about working with us:

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Understanding Medical Misdiagnosis

A misdiagnosis occurs when a doctor or other medical practitioner fails to diagnose a medical condition accurately. As a result, the patient doesn’t receive proper treatment for their injury or illness. There are several types of medical misdiagnosis cases. 

Wrong Diagnosis

A wrong diagnosis occurs when a medical practitioner incorrectly diagnoses a condition. The doctor assesses the patient’s symptoms but arrives at an erroneous conclusion. A future examination uncovers the wrong diagnosis and provides the patient with a correct one. 

Missed Diagnosis

In a missed diagnosis case, the patient never receives a diagnosis, which may cause them to go without treatment for a serious condition. Typically, the doctor can’t explain the patient’s symptoms, such as ongoing fatigue or pain. 

Delayed Diagnosis

In a delayed diagnosis claim, the patient seeks treatment for symptoms. However, the doctor fails to recognize the symptoms or diagnose the patient for months or years. The treatment delay prevents the patient from receiving necessary care in a disease’s early stages. 

Unnecessary Procedures

Sometimes, doctors erroneously recommend medical procedures their patients don’t need. An unnecessary procedure can adversely impact your health and spur avoidable medical costs. Some examples of potentially unnecessary procedures include advanced imaging, coronary interventions, and surgery. 

Worsened Health Outcomes

Any medical misdiagnosis may have adverse health effects on the victim. Because the patient doesn’t receive the necessary medical treatment, their condition may worsen. Advanced medical illnesses or injuries may be harder to treat or recover from, resulting in long-term health consequences for the patient.

What To Do After a Misdiagnosis in NYC

If you suspect a doctor or other medical practitioner failed to give you an accurate diagnosis, take these steps.

1. Document Your Issues

Gather any information you have concerning your diagnosis or condition, recent doctor’s visits or hospitalizations, and the symptoms you’re experiencing. Note any medications you were prescribed and any procedures you’ve undergone related to the diagnosis, including diagnostic exams and surgeries.

Keep a journal of your symptoms and how they impact your daily life. Note the days and times that you experience them.

2. Seek a Second Opinion

If you suspect a doctor has misdiagnosed you, getting a second opinion promptly is vital. Seek a specialist or qualified physician familiar with your type of case. Provide the doctor with all the documentation you have regarding your medical issue, including symptoms and prior diagnostic tests. 

If the doctor’s second opinion indicates you have a condition differing from your initial diagnosis, you may have a legal claim, particularly if your condition has worsened since the original diagnosis occurred.

3. Schedule a Consultation With an NYC Misdiagnosis Lawyer

Contact a local NYC misdiagnosis attorney to evaluate your legal options. An experienced Meirowitz & Wasserberg lawyer will review your case and determine whether you’re a medical malpractice victim. Our attorneys have experience representing clients in all types of medical malpractice cases, including misdiagnosis.

Importance of Legal Representation in a Medical Misdiagnosis Case

Hiring a lawyer may not be the first thing that comes to mind when you discover a medical professional has wrongly diagnosed you. After all, everyone makes mistakes, and they probably have good intentions. However, medical misdiagnosis is extraordinarily harmful to patients and can cause a worsening medical condition or even death. 

When you explain your case to our skilled NY misdiagnosis lawyers, we will review it objectively. We will guide you through the legal process, advocate for your rights, and help you recover compensation so you can focus on your health.

Types of Medical Misdiagnosis Cases We Handle

There are numerous types of medical misdiagnosis claims, including:


Various types of cancer, including lung, breast, colorectal, skin, and prostate, are frequently misdiagnosed or missed altogether by medical professionals. 

Vascular Events

Doctors may fail to diagnose certain vascular conditions, including strokes, heart attacks, blood clots, and aneurysms. 


Sepsis, meningitis, pneumonia, endocarditis, and encephalitis rank among the top misdiagnosed infections in hospitals and other medical facilities. 

Obstetric Conditions

Pregnant women may be at risk of misdiagnosis for various conditions, including postpartum hemorrhage, preeclampsia, and cephalopelvic disproportion. 

Surgical Errors

Occasionally, surgeons make serious mistakes that complicate their patients’ recovery time. Examples include errors in anesthesia administration, failure to control bleeding, or nerve damage. 

Medication Mistakes

Medication errors can severely impact a patient’s health, causing unwanted side effects or even death. You may encounter a medication mistake when a pharmacist incorrectly fills your prescription or a doctor fails to note potential medication interactions.

Potential Compensation in Misdiagnosis Cases in New York

If our NYC misdiagnosis lawyers successfully prove your case, you may receive compensation for your losses, including:

  • Past, present, and future medical expenses, including hospital stays, surgery, diagnostic exams, and medication 
  • Reimbursement for lost wages and future earnings if your condition prevents you from working
  • Pain and suffering associated with your illness or injury
  • Emotional distress and reduced quality of life caused by a misdiagnosis
  • Punitive damages if the medical practitioner’s mistake was particularly egregious

When you schedule a consultation with our team, we’ll advise you on your claim’s potential value.

Benefits of an NYC Misdiagnosis Lawyer

A medical misdiagnosis claim can be complex. It’s not something you want to handle on your own because it requires extensive investigation and research to succeed. Medical malpractice laws are complicated, and errors in filing a lawsuit or negotiating with insurers can yield a less-than-optimal outcome.

Fortunately, when you hire an NYC misdiagnosis lawyer, you don’t have to worry about such complexities. Your attorney will do all the legwork for you, including reviewing your medical records, speaking with medical experts, and filing your claim. We will fight tooth and nail to get you the maximum compensation available for your case, and if the defendant is unwilling to settle, we will take them to the New York City courthouse.

Signs You May Be Misdiagnosed

You may notice the following indications of a diagnosis error:

Your Symptoms Don't Improve

Following medical treatment, most patients should see an improvement in their symptoms. However, if you notice your symptoms remain the same or worsen, your physician may have misdiagnosed you or recommended the wrong treatment plan. 

You Have Symptoms That Mimic Other Illnesses

Many diseases have similar symptoms, which can confuse a doctor and lead to misdiagnosis. Some examples include lupus, chronic fatigue syndrome, mononucleosis, and Lyme disease—but there are many others. It’s smart to seek a second opinion, especially if your diagnosis involves a severe illness. 

Your Doctor Didn't Use Diagnostic Tools

While a physician may suspect you have an illness, they should order a set of diagnostic exams before confirming it. Their diagnosis may be incorrect if you don’t undergo any tests or they fail to order certain diagnostics. 

A Second Opinion Differs From Your Original Diagnosis

It’s fairly common for patients to seek a doctor’s second opinion, especially if they’re experiencing severe symptoms or the illness is severe. If a second doctor provides a different diagnosis for a disease or injury, you may have been misdiagnosed. 

NYC Medical Malpractice Law and Misdiagnosis

The New York statute of limitations for medical malpractice lawsuits is two years and six months. The clock starts ticking once a doctor fails to diagnose you properly or on the last treatment date when the doctor provided continuous treatment for the same illness. There are a few exceptions.

One key exception involves surgery. If you undergo surgery and the doctor leaves a foreign object in your body, you must file a claim within one year after discovering the object or discerning facts that would lead a reasonable person to discover the object. 

Under a second exception, the statute of limitations arising from failing to properly diagnose cancer does not begin until the person knows or should reasonably have known they have sustained injuries from a missed or incorrect diagnosis. The maximum statute of limitations under the exception is seven years from the misdiagnosis or the last continuous treatment date. 

The laws concerning medical malpractice and misdiagnosis can be complex, so it’s essential to consult with an attorney immediately if you believe you’re a victim.

Negligence and Misdiagnosis in New York City

A simple delayed diagnosis or misdiagnosis is insufficient to prove a doctor was negligent. Skilled and competent doctors can still make diagnostic errors. Negligence stems from an action or inaction that deviates from the standard of care. In other words, a negligent doctor may fail to do something that a reasonably skillful doctor would not under the same or similar circumstances.

In a medical malpractice case over a misdiagnosis, the injured patient’s legal team talks to a similarly trained physician and asks them to complete a “differential diagnosis.” Physicians use this systematic method to identify and assign probabilities to possible diagnoses. Simply put, an injured patient must show that a physician with a similar pedigree and training would have included the true diagnosis in their differential diagnosis.

A health care provider may commit negligence by failing to order proper diagnostic tests, refer to the appropriate specialist, or diagnose a related condition. Misdiagnosis errors are most common in emergency room settings, where less common conditions are more likely to be misdiagnosed.

Contact an Experienced NYC Misdiagnosis Lawyer Today!

Experiencing a medical misdiagnosis can be quite traumatic, especially if it causes undue physical and financial consequences. Seek legal advice if you suspect medical malpractice. To schedule your free consultation with Meirowitz & Wasserberg, call (844) 446-9529 or complete our online intake form.

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