A missed stroke or heart attack in a busy New York City emergency room (ER) can leave you facing lasting harm and wondering whether the doctors who treated you were negligent. Recognizing how state law views these situations gives you a clearer sense of where you stand.
Distinguishing a delay from negligent care
A diagnostic delay does not establish malpractice on its own. It may support a claim if the doctor failed to act as a reasonably prudent emergency physician would have under similar circumstances. That comparison focuses on what your symptoms, vital signs and medical history should have led the provider to recognize or investigate at the time.
Spotting common emergency care failures
A federal review identified stroke and heart attack as the two conditions most often tied to serious harm from ER misdiagnosis. Errors that may fall below the standard of care include:
- Assigning too low a triage priority to a patient with warning signs.
- Omitting a brain scan, an electrocardiogram or cardiac blood tests when symptoms call for them.
- Misreading imaging or test results that point to either condition.
- Discharging a patient before completing a medically necessary evaluation.
Dizziness, nausea and other atypical symptoms can resemble less serious illnesses, which makes these emergencies harder to detect. A treating physician who assumes a minor cause without an appropriate assessment may depart from accepted practice.
Proving causation in New York
You must show by a preponderance of the evidence, meaning more likely than not, that the physician’s deviation was a substantial factor in causing your harm. Proof typically includes:
- A medical expert’s opinion on how the provider failed to meet the standard of care and how that failure caused your injury.
- Testimony explaining how the delay made treatment, such as clot-dissolving medication, unavailable or less effective.
- Records documenting when your symptoms began and when each test and procedure occurred.
New York law also permits recovery when a negligent delay deprives you of a substantial chance of a better outcome. The testifying doctor does not need to express that loss as an exact percentage, so long as the evidence permits a jury to link it to the lapse in care.
Filing your claim on time
You generally have two years and six months from the malpractice to sue. If the same provider kept treating you for that condition, the time limit runs from your last visit.
For claims against New York City Health and Hospitals Corporation, you must serve a notice of claim within 90 days and sue within one year and 90 days. A judge may permit late notice if you apply before the lawsuit deadline.