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New York Medical Misdiagnosis Lawyer

At the Jacob D. Fuchsberg Law Firm, our New York medical misdiagnosis lawyers are ready to hold negligent health care professionals accountable for their actions. With unwavering determination, we fight for justice, helping victims and their families seek the compensation they deserve. Your story matters to us. Let us be your voice in the pursuit of truth and fairness.

The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team
The Jacob D. Fuchsberg Law Firm team

Our Notable Misdiagnosis Lawsuits Against New York Hospitals

Medical Malpractice

$2.3 Million

Married father of three, died when a hospital didn't respond to his elevated heart rate

Medical Malpractice


Failure to diagnose eye virus results in diminished/loss of sight

Medical Malpractice


Hospital’s negligence led to leg amputation

Our New York Medical Misdiagnosis Attorneys Seek Justice for Wrongly Diagnosed Victims

In the challenging aftermath of a wrongful medical diagnosis, our dedicated team of medical misdiagnosis attorneys in New York is here to champion justice on your behalf.

We understand the profound impact that medical negligence can have on your life, and we are committed to holding accountable the health care professionals responsible for this grave error.

With our experience and unwavering determination, we will navigate the complex legal landscape to seek the justice and compensation you rightfully deserve. Trust our experienced New York medical misdiagnosis attorneys to stand by your side, fight for your rights, and help you reclaim your future.

How Do You Know You Have a Medical Malpractice Case in New York?

Determining whether you have a medical malpractice case in New York requires a thorough evaluation of your specific circumstances by a qualified attorney. These are some factors that may indicate you have grounds for a medical malpractice lawsuit:

  • Medical Opinion Discrepancy: Multiple medical professionals provide conflicting opinions regarding your diagnosis
  • Delayed or Missed Diagnosis: There was a significant delay in receiving a correct diagnosis, or a diagnosis was missed entirely, resulting in harm or worsening of your condition
  • Inadequate Medical Examination or Testing: A doctor failed to perform a comprehensive examination, order necessary tests, or interpret the test results accurately
  • Misinterpretation of Symptoms: Your symptoms were misinterpreted or dismissed, leading to an incorrect diagnosis
  • Known Medical Errors: There are documented instances of medical errors, negligence, or malpractice related to your diagnosis

Each case is unique, and determining whether you have a wrong diagnosis requires a detailed review of your medical records, expert medical opinions, and an understanding of New York medical malpractice laws.

To assess whether you have a potential medical misdiagnosis case, consult with an experienced medical malpractice attorney in New York. An attorney at the Jacob D. Fuchsberg Law Firm can evaluate the specifics of your case, consider relevant medical evidence, and provide guidance on the viability of pursuing a legal claim.

Frequently Misdiagnosed Condition Cases We Handle

We uncover the complexities of frequently misdiagnosed conditions, shedding light on the impact of medical misdiagnosis and pursuing justice for victims when doctors fail to follow accepted standards of care.

Cancer Misdiagnosis

A cancer misdiagnosis can cost you precious time. Our attorneys will review cases involving breast cancer, lung cancer, and other cancers, fighting to ensure your rights are protected and justice is served.

DVT Misdiagnosis

Early detection is crucial when it comes to deep vein thrombosis (DVT). If a DVT misdiagnosis has caused you harm, our legal professionals will fight to hold responsible parties accountable for their negligence.

Stroke Misdiagnosis

Prompt and accurate diagnosis is essential in stroke cases. If a stroke misdiagnosis or delayed diagnosis has led to preventable harm, our dedicated team will seek justice and the compensation you deserve.

Pulmonary Embolism Misdiagnosis

A missed or delayed diagnosis of a pulmonary embolism can have severe consequences. Our attorneys are committed to righting these wrongs and advocating for the victims of pulmonary embolism misdiagnoses.

Stand Up Against Medical Misdiagnosis with Our New York Legal Team!

Fight back against negligent health care providers with our trusted New York legal team by your side. Take control of your rights and seek justice for the harm you've endured.

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Types of Medical Misdiagnosis We Work With

Not every medical error merits a claim or lawsuit. Sometimes, a doctor might act within accepted standards of care but still fail to diagnose cancer or another serious condition. The problem comes when a negligent doctor fails to follow these standards of care, and a patient is harmed as a result.

We pursue the following types of medical misdiagnosis cases:

  • Diagnosing the Wrong Condition: When medical providers inaccurately diagnose a condition, it can lead to unnecessary treatments or delays in receiving proper care. Our experienced team is dedicated to rectifying these cases of diagnosis errors, ensuring accountability and justice.
  • Missed Diagnosis. A missed diagnosis occurs when a health care provider fails to identify a medical condition or illness altogether. This oversight can result in a lack of necessary treatment and potential harm to the patient. We advocate for individuals who have suffered due to missed diagnoses.
  • Delayed Diagnosis. Delayed diagnosis happens when health care providers take an unreasonable amount of time to diagnose a medical condition. This delay can significantly impact a patient's prognosis and treatment options. Our legal team is committed to holding responsible parties accountable for any undue harm caused by delayed diagnoses.
  • Not Recognizing Complications. Failure to recognize complications associated with a diagnosed condition can lead to severe consequences for the patient. Our attorneys pursue cases where a doctor fails to identify and address complications so that victims receive the compensation they deserve.
  • Not Recognizing a Related Illness or Injury. In some instances, medical providers may overlook a related illness or injury that is connected to the primary medical condition. This oversight can hinder proper treatment and exacerbate the patient's condition. We strive to seek justice for those affected by such oversights and work toward fair compensation.

In all medical misdiagnosis cases, our dedicated New York legal team is here to provide guidance, support, and fierce advocacy for those who have been affected. Together, we will work toward holding medical professionals accountable and securing the justice and compensation you deserve.

Injuries You May Sustain After You’ve Been Misdiagnosed

Delayed, missed, or incorrect diagnoses can cause a minor illness to develop into a serious condition and prevent patients from accessing the care they need. These are some common harmful effects that our clients face after a medical misdiagnosis:

  • Worsening of the Condition: A failure to diagnose can lead to a delay in receiving proper treatment, causing the underlying condition to worsen. This can result in increased pain, preventable suffering, and potential long-term complications.
  • Unnecessary Medical Procedures: Incorrectly diagnosing a condition may lead to unnecessary medical procedures or surgeries. These invasive interventions can result in physical harm, complications, and additional medical expenses.
  • Adverse Side Effects from Medications: If a misdiagnosis leads to the prescription of incorrect medications, patients may experience adverse side effects or allergic reactions. These can range from mild discomfort to severe health complications.
  • Delayed Treatment of Serious Conditions: A doctor's failure to properly diagnose a serious condition such as breast cancer, heart disease, or infection can lead to delays, significantly impacting the effectiveness of treatment and potentially worsening the prognosis.
  • Emotional Distress: Being misdiagnosed can cause significant emotional distress, anxiety, fear, and frustration. The uncertainty and confusion surrounding a misdiagnosis can take a toll on a person's mental well-being.
  • Financial Burdens: Misdiagnosis can result in additional medical expenses, including the cost of unnecessary treatments, medications, and corrective procedures. It can also lead to lost wages due to prolonged illness or disability.
  • Reduced Quality of Life: When misdiagnosis leads to a delay in proper treatment or worsens the condition, it can impact a person's overall quality of life. Physical pain, limitations, and emotional distress can significantly affect daily activities and personal relationships.

It is essential to consult with an experienced New York medical misdiagnosis attorney to understand your rights and options if you have suffered harm due to misdiagnosis. We can help you navigate the legal process, seek compensation for your injuries, and hold the responsible parties accountable for their negligence.

Here’s What You Should Do in Case of Misdiagnosis

Discovering that you have been misdiagnosed can be a distressing experience, but it is crucial to remember that you have options and the ability to take control of your situation. You can assert your rights, seek justice, and pursue the compensation you deserve by following these steps:

  1. Seek a second opinion from another qualified health care professional
  2. Collect and organize your medical documentation
  3. Consult with a medical malpractice attorney with a focus in misdiagnosis cases
  4. Preserve any relevant evidence related to the misdiagnosis
  5. Follow your health care provider's recommended treatment plan
  6. Document your symptoms, pain levels, and emotional distress

An attorney will help you navigate the process of addressing a misdiagnosis. However, you must act promptly due to the statute of limitations for medical malpractice cases.

Your attorney needs time to build a case when you are pursuing a misdiagnosis lawsuit or claim, so the sooner you consult with a legal professional, the better.

How We Work on Your Misdiagnosis Case to Seek the Maximum Compensation for You

Our firm is dedicated to helping misdiagnosis victims recover full compensation after diagnosis errors and medical negligence. Here's how we work on your case:

  • Thorough Case Evaluation: We carefully assess your misdiagnosis case, reviewing medical records and consulting with experts to understand the extent of harm caused
  • Expert Medical Analysis: We collaborate with specialized medical professionals who provide objective analysis and supporting evidence for your claim
  • Establishing Negligence: Our investigation focuses on identifying the negligence or failure to meet the standard of care by the health care professionals involved in your misdiagnosis
  • Quantifying Damages. We meticulously calculate your physical, emotional, and monetary damages and pursue full financial recovery
  • Skillful Negotiation: Our experienced negotiators engage with insurance companies and the opposing party to pursue a fair settlement that reflects the true value of your case
  • Trial Representation: If necessary, our trial attorneys are prepared to advocate for you in court, presenting a compelling case backed by evidence and expert testimony
  • Personalized Attention: We provide you with personalized support, keeping you informed throughout the process and addressing any concerns or questions you may have

Trust our experienced team to vigorously protect your rights and seek justice on your behalf.

Frequently Asked Questions

What are the causes of medical misdiagnosis, and who is responsible?

The causes of medical misdiagnosis can vary and may include factors such as:

  • Inadequate or incomplete medical history
  • Errors in diagnostic testing or interpretation of results
  • Failure to order appropriate tests
  • Miscommunication between health care providers
  • Bias or preconceived notions influencing the diagnostic process
  • Time constraints or workload pressure leading to rushed assessments

The ultimate responsibility for a medical misdiagnosis can involve multiple parties, including

  • The doctor who made the misdiagnosis
  • Laboratories or technicians responsible for conducting tests or providing results
  • The hospital or medical facility where the misdiagnosis occurred
  • Other health care staff involved in the patient's care

Your misdiagnosis lawyer will investigate your case, find which party or parties were negligent, and seek to hold them financially responsible.

What damages can I recover in case of misdiagnosis in New York?

In a misdiagnosis case in New York, you may be entitled to recover various damages, including:

  • Medical Expenses: Compensation for the costs of medical treatments, procedures, medications, and related expenses resulting from the misdiagnosis
  • Lost Wages: Reimbursement for income lost due to the misdiagnosis, including past and future lost earnings
  • Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life caused by the misdiagnosis and its consequences
  • Disability or Impairment: Damages awarded if the misdiagnosis resulted in a long-term disability or impairment that affects your quality of life or ability to work

Depending on the specifics of your case, you may also be eligible to recover punitive damages if the health care provider's conduct was particularly egregious.

How long do I have to file a medical misdiagnosis claim in New York?

In New York, the statute of limitations for filing a medical misdiagnosis claim is generally two and a half years from the date of the misdiagnosis or from when the misdiagnosis should have reasonably been discovered.

However, there are exceptions based on the specific circumstances of the case, such as if the victim was a minor at the time of treatment. It is crucial to consult with a qualified medical malpractice attorney in New York to ensure you meet the appropriate deadlines for filing your claim.


Our Clients’ Reviews


I cannot rate the firm any higher! we are extremely happy with the service we received from Brad, Chris and the team. We are northern Irish citizens and as such had no experience of the US justice system, Chris and Brad helped us navigate this and made sure we understood every step of the process and we were kept informed of what would happen with the case.

We also felt that Brad and Chris had a genuine interest in our story, what the implications for us as a family were and they were genuinely invested in how they could help our situation.

We were reassured by the manor in which Chris and Brad dealt with us and trusted that the advice we were given was always well balanced and in our best interests. We were extremely happy with the outcome the firm achieved for us and feel that we only got this outcome due to the hard work of Chris and Brad. I would not hesitate to recommend the firm to anyone who is considering a case and wants to feel as though they are really valued as a client.

Many thanks to the firm for all of their hard work on our behalf it truly is appreciated.

Leanne Montgomery




Let’s go to the beginning when I realize that I was going to need legal assistance because I was shocked that I was actually injured I called my fiancé and told her that I was going to need a lawyer, so she googled the top 5  personal injury law firms in NY and The Jacob Fuchsberg Law Firm came up. One of the representatives from the firm took the time to come personally to my home to see me, that immediately showed me that I was going to be able to make it through my pain and suffering they understood what I was going through and with patience, persistence, and diligence they were able to get the best results possible in settling my case. I highly recommend the Jacob Fuchsberg Law firm when the unexpected happens you will not be dissatisfied with the kind, courteous and professionalism that you would expect from a law firm.

Keith Middleton




Very satisfied with the representation I was given from this law firm.  I would recommend Fuchsberg to anyone with a unique situation such as mine. My attorney went above and beyond to ensure everything was done thoroughly and in a timely manner! Everything about this firm exceeded my expectations! Very special thank you to Chris,  Allison, and Brad!

Marie Price



Our Clients’ Reviews

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Fight Back Against a Wrong Diagnosis — Contact Our New York Misdiagnosis Attorneys Today

Don't let a wrong diagnosis go unchallenged. Take action now! Contact our experienced New York misdiagnosis attorneys to fight for your rights and seek the compensation you deserve.



Frequently Asked Questions

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