Reviewed by Alexander Karasik, Esq. – Personal Injury Law | 18+ Years Experience | Last Updated: April 2026

Reviewed by Alexander Karasik, Esq. – Personal Injury Attorney | 19+ Years Experience | Last Updated: March 2026

Yes, you can sue a doctor for misdiagnosis if the incorrect diagnosis resulted from negligence and that negligence caused you harm. However, not every wrong diagnosis qualifies as medical malpractice. You must prove the doctor failed to meet the standard of care that a competent physician would have provided, and that failure directly led to your injury, worsened condition, or delayed treatment.

A misdiagnosis alone does not automatically give you a lawsuit. The key question is whether your doctor was negligent and whether that negligence harmed you.

If you believe a misdiagnosis caused you harm, understanding when you have a valid case and what steps to take can help you protect your legal rights and pursue the compensation you deserve.

When Does Misdiagnosis Become Medical Malpractice?

A wrong diagnosis becomes medical malpractice when specific legal elements are present. Doctors are not expected to be perfect, but they are expected to meet a professional standard of care.

The Doctor Must Have Been Negligent

For a misdiagnosis to be malpractice, the doctor must have done something a competent physician would not have done, or failed to do something a competent physician would have done. This could include ignoring obvious symptoms, failing to order appropriate tests, misreading test results, or not considering a diagnosis that should have been on the list of possibilities.

If your doctor followed reasonable diagnostic procedures and simply reached a wrong conclusion, that may not be negligence. Medicine involves uncertainty, and even careful doctors sometimes get it wrong.

The Misdiagnosis Must Have Caused Actual Harm

You cannot sue simply because a diagnosis was wrong. The wrong diagnosis must have caused you measurable harm. This harm could include disease progression during the delay, unnecessary treatment for a condition you did not have, side effects from medications you should not have been taking, or reduced treatment options because of lost time.

The Standard: What Would a Reasonably Competent Doctor Have Done?

Courts evaluate whether your doctor acted as a reasonably competent physician would have acted under similar circumstances. This standard is established through expert testimony from other doctors in the same specialty.

Types of Misdiagnosis That Lead to Lawsuits

Diagnostic errors take several forms, each of which can support a malpractice claim if negligence and harm are present.

Type	Description
Failure to Diagnose	Doctor missed the condition entirely. You were told nothing was wrong or sent home without a diagnosis.
Delayed Diagnosis	Doctor eventually reached the correct diagnosis, but the delay allowed the condition to progress.
Wrong Diagnosis	Doctor diagnosed a condition you did not have. You received unnecessary treatment while the actual problem went untreated.
Missed Related Condition	Doctor correctly diagnosed one condition but missed another related condition that should have been identified.
Misread Lab/Imaging Results	Test results clearly showed a problem, but the doctor misread or overlooked them.

Medical Conditions Commonly Misdiagnosed

Some conditions are misdiagnosed more frequently than others, often with devastating consequences.

Cancer: Breast, lung, colon, and skin cancer are among the most commonly misdiagnosed. Early-stage cancer often mimics less serious conditions. A cancer diagnosed at Stage 1 has dramatically different survival rates than Stage 3 or 4.

Heart attacks: Symptoms, particularly in women, are often misdiagnosed as indigestion, anxiety, or muscle strain. Delays cause permanent heart damage or death.

Stroke: When symptoms are dismissed as migraines or vertigo, patients lose the critical window for intervention. Delayed treatment often results in permanent disability.

Infections: Sepsis, meningitis, and other serious infections can be fatal if not treated promptly. Early symptoms are often mistaken for flu or fatigue.

Pulmonary embolism: Blood clots in the lungs are frequently misdiagnosed as anxiety or pneumonia. This condition can be fatal within hours.

Appendicitis: Symptoms sometimes dismissed as stomach flu or menstrual cramps. A ruptured appendix is a medical emergency that can cause death.

How Misdiagnosis Causes Harm to Patients

Understanding how misdiagnosis causes harm is essential because your damages determine the value of your case and whether you have grounds to sue.

What You Need to Prove in a Misdiagnosis Lawsuit

To win a misdiagnosis malpractice case in New York, you must establish four elements of negligence.

1. Doctor-patient relationship existed. Medical records documenting your visits typically prove this element.

2. The doctor breached the standard of care.

3. The breach caused your harm. Expert testimony must explain that with a correct and timely diagnosis, your outcome would have been different.

4. You suffered measurable damages. Medical records, bills, lost wages, and evidence of pain and suffering all help establish your damages.

Can You Sue a Hospital for Misdiagnosis?

Yes, hospitals can be held liable for misdiagnosis in certain circumstances.

Emergency room misdiagnosis: ERs are common settings for diagnostic errors due to overcrowding and time pressure. If an ER doctor employed by the hospital misdiagnoses you, the hospital may be liable.

Hospital vs. individual doctor: Hospitals are generally liable for employees’ actions. If the doctor was an independent contractor, you can still sue the doctor individually.

Radiology and lab errors: If hospital radiologists misread imaging or lab technicians made processing errors, the hospital may be liable.

Systemic failures: Poor communication between departments, inadequate follow-up protocols, or failure to ensure test results reach the ordering physician can all make the hospital liable.

What Should You Do If You Were Misdiagnosed?

“The sooner the better,” advises Alexander Karasik when asked about the best time to contact an attorney after a potential malpractice situation.

How Much Can You Sue for Misdiagnosis?

The value of a misdiagnosis case depends on the harm you suffered. “That depends on the circumstances of your case, such as clarity on liability, extent of damages and the insurance policy limits,” explains Alexander Karasik.

Economic damages: Medical bills, future medical expenses, lost wages, and loss of future earning capacity.

Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Wrongful death damages: If misdiagnosis caused death, survivors may recover funeral expenses, lost financial support, loss of companionship, and conscious pain and suffering. See our wrongful death FAQ for more information.

Misdiagnosis settlements range from tens of thousands to millions of dollars depending on severity of harm, strength of evidence, and the defendant’s insurance coverage.

Brooklyn Attorneys Who Handle Misdiagnosis Cases

At Karasik Law Group, we fight for patients who have been harmed by diagnostic errors. Led by Alexander Karasik, Esq., our Brooklyn personal injury law firm has approximately 19 years of experience pursuing medical malpractice claims.

Frequently Asked Questions

How long do I have to sue for misdiagnosis in New York?

In New York, you generally have 2 years and 6 months from the date of the malpractice to file a medical malpractice lawsuit. The clock may start from the date of the misdiagnosis or from the end of continuous treatment with the provider who made the error. Consulting an attorney promptly ensures you understand your specific deadline. See our medical malpractice FAQ for more details.

Can I sue if the doctor eventually made the correct diagnosis?

Yes, if the delay caused you harm. A delayed diagnosis that allowed a condition to worsen, reduced your treatment options, or caused additional suffering can still be grounds for a malpractice claim even if the correct diagnosis was eventually made.

What if I signed a consent form before treatment?

“Even if you signed a consent form you can still sue for malpractice in most cases,” confirms Alexander Karasik. Consent forms acknowledge risks of procedures but do not waive your right to sue for negligent diagnosis or treatment.

Do I need a medical expert to prove misdiagnosis?

Yes. In New York, you cannot file a medical malpractice lawsuit without a certificate of merit from a qualified medical expert confirming that malpractice likely occurred. Your attorney will retain appropriate experts to review your case and provide testimony about the standard of care.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact a licensed attorney in your jurisdiction for case-specific guidance.