Can I Sue a Brooklyn Hospital for Misdiagnosis?

Your Legal Rights After a Diagnostic Error

When you seek care at a hospital, you trust that the doctors and medical staff will take your concerns seriously, make an accurate diagnosis, and guide you toward the right treatment. But when that trust is broken and a condition is missed, misidentified, or not addressed in time, the consequences can be life-altering.

If you were misdiagnosed at a hospital in Brooklyn, you may have questions about your legal rights. In some cases, the answer is yes, you may be able to sue. But whether you have a claim depends on the circumstances, and proving medical negligence is a complex process.

What Is Misdiagnosis?

Misdiagnosis occurs when a medical professional:

Fails to recognize a condition,
Identifies it as something else, or
Delays the diagnosis beyond a reasonable timeframe.

Not every misdiagnosis rises to the level of malpractice. But when a provider’s failure to diagnose or treat a condition leads to avoidable harm, it may be a sign that something went wrong.

Common examples in hospital settings include:

Stroke symptoms dismissed as migraines
Heart attacks misdiagnosed as indigestion
Cancer not detected in imaging or pathology
Infections like sepsis or meningitis left untreated
Internal injuries missed in the emergency room
Pulmonary embolism mistaken for anxiety or other conditions
Appendicitis misdiagnosed as stomach flu
Ectopic pregnancy mistaken for a routine abdominal issue

These errors often occur due to high patient volume, gaps in communication between hospital departments, or the failure to order the right tests or properly interpret results.

When Does Misdiagnosis Become Medical Malpractice?

To bring a medical malpractice claim in New York, three specific elements must be present:

A doctor-patient relationship existed. This is usually straightforward if the hospital provided your care.
The provider did not meet the accepted standard of care. This means they failed to act as another reasonably skilled medical professional would have under the same circumstances.
That failure caused you harm. It’s not enough to show that a mistake occurred. You must also demonstrate that the misdiagnosis led to a worse outcome, such as unnecessary surgery, prolonged recovery, permanent damage, or loss of life.

A qualified Brooklyn medical malpractice lawyer can assess whether those elements apply to your case and guide you through what to expect next.

Can You Sue the Hospital Itself?

In some cases, yes. Hospitals can be held legally responsible for the actions of their employees, including doctors, nurses, lab technicians, and other medical staff. This is known as vicarious liability. However, if the provider was an independent contractor, the hospital may not be liable unless its own negligence contributed to the harm.

You may also have a direct claim against the hospital if:

Staff failed to follow proper safety or diagnostic procedures,
Test results were misread or not communicated,
The hospital was understaffed, or
There was a breakdown in internal systems or supervision.

Hospitals are responsible for maintaining protocols that protect patients. If those systems break down, patients deserve to understand what went wrong and why. Holding the hospital accountable can provide a broader path to compensation and potentially help prevent future harm to others.

How Long Do You Have to File a Lawsuit in New York?

In most cases, the deadline to file a medical malpractice claim in New York is two and a half years (30 months) from the date of the alleged negligence or the end of treatment for the same condition. Some exceptions may apply, particularly in cases involving cancer misdiagnosis or where the harm wasn't discovered right away.

Because gathering records and working with medical experts takes time, it's important to seek legal guidance early if you're considering a claim. Doing so helps preserve evidence and gives your attorney a clearer view of what went wrong.

For more information about New York’s statute of limitations, you can also refer to the New York State Unified Court System.

Why Legal Representation Can Make a Difference

Medical malpractice cases are fact-intensive and highly technical. A misdiagnosis claim often requires input from medical professionals who can explain what the standard of care should have been, and how it was violated.

An attorney experienced in hospital negligence can help:

Review your records and timelines
Work with trusted medical experts
Determine who is legally responsible
Handle communication with the hospital and insurers
Seek fair compensation for your losses, including medical expenses, lost income, and long-term impact on your health

Most importantly, your attorney can guide you through what to expect, answer your questions, and make sure your concerns are taken seriously.

Talk with a Brooklyn Medical Malpractice Lawyer

If you believe you were misdiagnosed by a Brooklyn hospital, whether it was Kings County, SUNY Downstate, or another local facility, you don’t have to navigate the aftermath alone. Misdiagnosis can have life-changing consequences, but you may have options for legal and financial recovery.

At Roger Victor Archibald, PLLC, we help individuals and families across Brooklyn understand their rights after medical errors. We can review your situation, explain whether you may have a valid claim, and guide you through the next steps with clarity and care.

You may be entitled to compensation that helps you manage ongoing medical care, lost income, and the lasting effects of the error. We're here to help you understand your legal options and take informed action at your own pace.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. You should consult with a qualified attorney to discuss the details of your specific case.