New York City Pulmonary Embolism Misdiagnosis Lawyer

The Jacob D. Fuchsberg Law Firm: Decades of Medical Malpractice Experience

For over four decades, the attorneys at the Jacob D. Fuchsberg Law Firm have represented New Yorkers harmed by diagnostic failures, surgical errors, and medical negligence of every kind. Pulmonary embolism misdiagnosis cases are among the most technically demanding in medical malpractice law. These cases require a thorough command of cardiopulmonary medicine, a network of qualified medical professionals, and the courtroom experience to take on major hospital systems and their insurers.

Our firm has recovered millions of dollars for victims of medical negligence throughout Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Long Island. We handle every case on a contingency fee basis, which means you pay nothing unless we recover compensation for you.

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What Is a Pulmonary Embolism

A pulmonary embolism (PE) occurs when a blood clot blocks one or more arteries in the lungs, cutting off blood flow and reducing the body's ability to absorb oxygen. Of the approximately 600,000 people affected by pulmonary embolisms in the United States each year, more than 60,000 die, and roughly one-third of those deaths occur in patients whose condition was never properly diagnosed or treated. Survivors can face lasting complications, including organ damage, pulmonary infarction, and permanently reduced lung function.

How DVT Leads to Pulmonary Embolism

The majority of pulmonary embolisms originate as deep vein thrombosis (DVT): a blood clot that forms in the deep veins of the legs, arms, or pelvis. When that clot breaks free and travels through the bloodstream to the lungs, it becomes a PE. In some cases, multiple smaller clots accumulate over time, gradually restricting blood flow until a critical point is reached. If the blockages are not cleared, the affected sections of the lung begin to die, a condition known as pulmonary infarction, placing additional strain on the heart and other organs.

Risk Factors Doctors Must Recognize

Certain patients carry a significantly higher risk of developing DVT and pulmonary embolism. A physician conducting a proper assessment is expected to identify these risk factors and factor them into the diagnostic workup. Recognized risk factors include:

• Age: The risk doubles approximately every ten years after age 60.
• Prolonged immobility: Extended bed rest, long-haul flights, or post-surgical recovery.
• Obesity: Excess body weight increases pressure on pelvic and leg veins.
• Smoking: Tobacco use raises the likelihood of abnormal blood clotting.
• Pregnancy: The weight of the baby places added pressure on the pelvic veins.
• Supplemental estrogen: Birth control pills and hormone replacement therapy increase clotting ability.
• Cancer and cancer treatment: Certain cancers and chemotherapy agents affect coagulation.
• Heart failure: Reduced cardiac function raises DVT and PE risk.
• Inflammatory bowel conditions: Crohn's disease and ulcerative colitis are associated with elevated clot risk.
• Family or personal history of DVT or PE.

Symptoms of Pulmonary Embolism

One reason PE is frequently misdiagnosed is that its symptoms overlap with those of other common conditions, including heart attack, pneumonia, anxiety, and pleuritis. That overlap does not excuse a failure to investigate further when the clinical picture warrants it. The standard of care requires physicians to consider PE as a diagnosis whenever the relevant signs are present.

Common symptoms of pulmonary embolism include:

• Sudden shortness of breath, especially with exertion;
• Sharp or stabbing chest pain that worsens with deep breathing;
• Rapid or irregular heartbeat;
• Coughing, sometimes with blood-streaked mucus;
• Lightheadedness or fainting;
• Low blood oxygen levels (hypoxia);
• Leg pain, swelling, or warmth, which may indicate underlying DVT.

When a patient presents with several of these symptoms together, particularly in the presence of known risk factors, a competent physician is expected to pursue a structured diagnostic workup without delay.

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A Misdiagnosis Is Not Just a Mistake

Call the Jacob D. Fuchsberg Law Firm at (212) 869-3500 for a free case evaluation, and let our medical malpractice attorneys determine whether you have grounds to pursue compensation for a delayed or missed pulmonary embolism diagnosis.

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When Does a Misdiagnosis Become Medical Malpractice

Not every missed diagnosis rises to the level of medical malpractice. In New York, a successful malpractice claim requires proof of four elements:

• A doctor-patient relationship existed. The provider must have owed you a professional duty of care.
• The provider deviated from the accepted standard of care. This means their conduct fell below what a competent practitioner in the same specialty and region would have done under similar circumstances.
• The deviation caused your injury. There must be a direct causal link between the provider's failure and the harm you suffered.
• You suffered measurable damages. Physical injury, financial loss, and emotional harm must be documented.

New York Civil Practice Law and Rules Section 3012-a also requires that a medical malpractice complaint be accompanied by a certificate of merit from a qualified medical expert, confirming that there is a reasonable basis for the claim. Our attorneys work with highly qualified medical professionals to build the evidentiary foundation required by complex PE misdiagnosis cases.

Common Causes of Pulmonary Embolism Misdiagnosis

Even when all the warning signs are present, pulmonary embolism is missed with troubling frequency in emergency rooms and clinical settings across New York City. The most common diagnostic failures our attorneys encounter include:

• Failure to apply the Wells Score or any structured risk assessment;
• Attributing symptoms to anxiety, musculoskeletal pain, or respiratory infection without ruling out PE;
• Ordering a D-dimer test in isolation without an appropriate clinical context, then using a negative result to close the workup prematurely;
• Failing to order or properly interpret CT pulmonary angiography;
• Misreading imaging results due to a radiologist's error;
• Discharging a high-risk patient from the emergency department without completing a full diagnostic workup;
• Failing to review or follow up on abnormal lab values;
• Inadequate patient history review, missing documented DVT, recent surgery, or cancer treatment;
• Hospital system failures, such as delayed communication between nursing staff and treating physicians.

How Pulmonary Embolism Should Be Diagnosed

New York physicians are held to an established standard of care when evaluating a patient who may have a pulmonary embolism. There are well-validated clinical tools and tests that define what a reasonable, competent practitioner in the same specialty and region would do.

The standard diagnostic approach includes:

• Wells score assessment: The Wells Criteria is a widely used clinical scoring tool that assigns points based on symptoms, risk factors, and the likelihood of PE versus an alternative diagnosis. A score above a certain threshold requires immediate further testing.
• D-dimer blood test: A D-dimer test measures proteins produced by blood clots. An elevated result in a patient with symptoms and risk factors should trigger imaging. A negative result in a low-probability patient can help rule out PE, but using it in isolation without proper clinical context is an error.
• CT pulmonary angiography (CTPA): This is the primary imaging test used to confirm or rule out a pulmonary embolism. It produces detailed images of the pulmonary arteries and can identify blockages with high accuracy.
• Ventilation-perfusion (V/Q) scan: Used when CTPA is contraindicated, such as in patients with kidney problems or contrast allergies, a V/Q scan measures airflow and blood flow in the lungs.
• Ultrasound of the legs: If DVT is suspected as the source of the clot, a Doppler ultrasound of the lower extremities may be ordered.
• Chest X-ray and ECG: While neither can diagnose PE directly, they are used to rule out other conditions and may reveal indirect signs of pulmonary strain.

Failure to use these tools appropriately or to act on abnormal results can constitute a deviation from the accepted standard of care.

Consequences of a Delayed or Missed Diagnosis

When a pulmonary embolism is not identified and treated in time, the damage it causes can extend far beyond the lungs. Each hour without treatment raises the risk of serious and permanent complications, including:

• Pulmonary infarction: Death of lung tissue in the affected area.
• Right heart failure: The right ventricle becomes overloaded trying to push blood through blocked pulmonary arteries.
• Severe hypoxia: Dangerously low blood oxygen levels that can damage the brain, kidneys, and other organs.
• Post-PE syndrome: Chronic shortness of breath, reduced exercise tolerance, and lasting lung damage in survivors.
• Death: Approximately one-third of untreated or undiagnosed PE cases result in death.

These outcomes are largely preventable when providers follow established diagnostic protocols. When they do not, patients and their families deserve answers and accountability.

Who Can Be Held Liable for Pulmonary Embolism Misdiagnosis

Responsibility for a pulmonary embolism misdiagnosis does not always rest with a single physician. Depending on the facts of your case, liable parties may include:

• The attending or treating physician who failed to order appropriate tests;
• The radiologist who misread or failed to flag imaging results;
• The emergency room physician who discharged a high-risk patient prematurely;
• Nursing staff who failed to communicate critical symptoms or changes in the patient’s vital signs;
• The hospital or medical facility, if systemic failures contributed to the error.

Compensation You May Recover After Pulmonary Embolism Misdiagnosis in NY

Victims of pulmonary embolism misdiagnosis in New York may be entitled to both economic and non-economic damages. The total value of a claim depends on the severity of the harm, the long-term impact on the patient's health and ability to work, and the degree of negligence involved.

Economic Damages

Economic damages cover measurable financial losses, including:

• Past and future medical expenses, including hospitalization, surgery, medication, and rehabilitation;
• Lost wages during recovery;
• Reduced earning capacity if the injury causes long-term disability;
• Cost of ongoing home care or medical support.

Non-Economic Damages

Non-economic damages address harm that is harder to quantify but equally real:

• Physical pain and suffering;
• Emotional distress and psychological harm;
• Loss of enjoyment of life;
• Loss of consortium for spouses and close family members.

In cases involving particularly reckless conduct, punitive damages may also be available, though they are less common in medical malpractice actions than in other civil claims.

Wrongful Death Claims in Pulmonary Embolism Cases

When a patient dies because a pulmonary embolism was missed or treated too late, surviving family members may have the right to file a wrongful death lawsuit under New York law. A wrongful death claim allows the estate and eligible family members to recover compensation for losses that include:

• Medical expenses incurred before death;
• Funeral and burial costs;
• Lost income and financial support the deceased would have provided;
• Loss of parental guidance, companionship, and care for surviving children or spouses.

Wrongful death claims involving medical malpractice carry their own procedural requirements and deadlines. If you lost a family member to a pulmonary embolism that was misdiagnosed or left untreated, speaking with an attorney as soon as possible is important to preserving the estate's legal options.

Steps to Take After a Pulmonary Embolism Misdiagnosis

If you believe you or a loved one was harmed by a missed or delayed PE diagnosis, there are concrete steps you can take to protect your health and your legal rights.

Seek Immediate Medical Care

If a pulmonary embolism has now been diagnosed, getting proper treatment is the first priority. Depending on the severity, that may involve anticoagulant therapy, clot-dissolving medication, or surgical intervention. Do not delay treatment while considering your legal options. Your health should come first.

Request All Medical Records

Obtain complete records from every provider and facility involved, including emergency department notes, lab results, imaging reports, and discharge summaries. These documents form the foundation of any malpractice investigation and should be gathered as soon as possible.

Get a Second Opinion

A second evaluation by a pulmonologist or hematologist can clarify the extent of the harm and establish what appropriate treatment should have been from the start. This can also provide important evidence about what a competent provider would have done differently.

Document Your Losses

Keep detailed records of medical bills, out-of-pocket expenses, missed work days, and how the injury has affected your daily life and that of your family. This documentation will be central to calculating your damages.

Consult a Medical Malpractice Attorney

The sooner you speak with an attorney, the more time there is to properly investigate the case, identify responsible parties, secure expert opinions, and file within the applicable deadlines. Initial consultations with our firm are always free and carry no obligation.

Statute of Limitations for PE Misdiagnosis Claims in New York

New York law sets strict deadlines for filing medical malpractice claims. In most cases, a lawsuit must be filed within 2 years and 6 months of the date the malpractice occurred. However, there are important exceptions that may apply to your situation:

• Continuous treatment rule: If you continued receiving treatment from the same provider or practice that committed the error, the statute of limitations may run from the date treatment ended, not from the date of the original misdiagnosis.
• Discovery rule for foreign objects: If a foreign object was left inside the body, a one-year period runs from the date of discovery.
• Minors: Patients who were under 18 at the time of the malpractice may have extended filing deadlines.
• Wrongful death: Wrongful death claims must generally be filed within two years of the date of death.

These timelines are firm, and missing them typically means losing the right to pursue any recovery, no matter how significant your injuries were or how blatant the malpractice was. If you are unsure whether your claim is still within the statute of limitations, speaking with one of our experienced attorneys immediately is the only way to find out.