When you visit your primary care physician or family doctor, you trust that they will provide safe, competent, and attentive medical care. Unfortunately, preventable errors by these frontline healthcare providers still occur, and they can result in serious harm to patients. Primary care physicians serve as the first point of contact for most patients seeking medical attention, making their role essential to public health and patient safety.
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Studies show that primary care physicians face significant malpractice exposure, with an annual malpractice claim prevalence rate of 5.2%. The estimated lifetime risk of facing a malpractice claim for family practitioners is 76% by age 65, though only 31% of these claims result in compensation being awarded. When family practice malpractice cases do result in indemnity payments, the average settlement is $562,180.
Diagnostic errors are the most common cause of primary care malpractice, accounting for 46% of all claims and 68% of indemnity payouts. These errors are particularly dangerous, with research indicating that 45% of injuries in diagnosis-related primary care claims result in patient death.
If you or a loved one have been injured due to the negligence of a primary care doctor, nurse, or physician's assistant in New York, the skilled medical malpractice attorneys at the Porter Law Group are ready to help you seek the compensation you deserve.
The experienced legal team at The Porter Law Group understands the devastating impact that primary care malpractice can have on patients and their families. We are committed to holding negligent healthcare providers accountable and securing maximum compensation for our clients' injuries, medical expenses, lost wages, pain and suffering, and other damages.
New York medical malpractice settlements average approximately $446,000, substantially higher than the national average of $242,000. From 2010 to 2019, New York recorded $6.9 billion in medical malpractice payouts, the highest in the nation during that period. Recent significant awards include a $4.65 million settlement for a delayed breast cancer diagnosis and a $120 million verdict involving a delayed stroke diagnosis.
We work on a contingency fee basis, so there are no fees unless we win your case. If you suspect that substandard care from your primary care provider has caused you harm, contact us today at 833-PORTER9 or email info@porterlawteam.com for a free consultation.
Primary care physicians and family doctors serve as the first point of contact for most patients seeking medical attention. They are responsible for managing a broad spectrum of patient care—including diagnosing and treating illnesses, providing preventive screenings, and referring patients to specialists when needed.
Due to their pivotal role in patient care, errors at the primary care level can lead to serious consequences, such as delayed diagnoses, improper treatments, and even wrongful death. In a comprehensive analysis of malpractice claims across specialties, family practitioners ranked third overall, representing 11.5% of all claims.
Cancer represents the top clinical condition associated with diagnostic failures in primary care, responsible for 50% of diagnostic-related claims. The most commonly missed cancer diagnoses include:
Other frequent missed diagnoses include:
Research shows that 5% of prescriptions in general practice contain errors, with 0.18% being classified as severe. Frequently involved medications include:
Common prescription-related mistakes:
Certain clinical scenarios present elevated malpractice risks for primary care physicians:
Given that cancer represents 50% of diagnostic failure claims in primary care, appropriate screening protocols and prompt investigation of suspicious symptoms are critical. 44% of diagnostic failures occur during the test ordering, interpretation, or follow-up stages. An additional 32% involve errors in clinical assessment.
Conditions like heart attacks and strokes account for 5.7% of diagnostic error cases. Primary care physicians must maintain a high level of vigilance, especially when treating patients with elevated cardiovascular risk.
Delayed diagnosis of infections, particularly meningitis in children or sepsis, is a serious concern. Prompt recognition and treatment are critical to prevent catastrophic outcomes.
New York does not cap damages in medical malpractice lawsuits, meaning plaintiffs can seek full compensation for economic and non-economic damages without statutory limitations. If you or a loved one have been injured because your primary care providers failed to treat you with the expected professional standard of care, you may be entitled to compensation for:
Misdiagnosis settlements typically range from $300,000 to $3 million for cancer cases, while cardiovascular misdiagnosis cases range from $200,000 to $2.5 million. The severity of the condition and resulting harm significantly impacts settlement amounts.
To win a primary care malpractice case in New York, four elements must be proven:
In diagnosis-related claims, plaintiffs must show that a reasonably competent doctor would have:
These cases often require expert testimony to demonstrate the deviation from accepted practice.
The average primary care malpractice case in New York takes 20.3 months from filing to resolution. Claims involving payouts typically take longer—with 81% taking one year or more to resolve.
Primary care physicians in New York face significant malpractice insurance costs, though they are lower than surgical specialties. Family practice physicians pay approximately $29,000 annually for standard $1 million/$3 million coverage, while internal medicine physicians pay similar amounts.
These premiums can vary significantly based on location within New York, with Nassau and Suffolk counties showing higher rates of approximately $30,960 annually for malpractice coverage.
Primary care and family medicine malpractice claims in New York are subject to two years and six months (30 months) from the date of the alleged malpractice or from the end of continuous treatment for the same condition. The continuous treatment doctrine extends the statute of limitations when there is ongoing treatment for the same condition by the same healthcare provider.
Lavern's Law, enacted on January 31, 2018, significantly impacts primary care malpractice cases involving cancer misdiagnosis. This law is particularly relevant to primary care physicians who often serve as the first point of contact for patients with potential cancer symptoms. Under Lavern's Law, patients have 2.5 years from when they discover the cancer misdiagnosis, with an overall cap of seven years from the malpractice date.
All primary care malpractice complaints in New York must be accompanied by a Certificate of Merit. This certificate must certify that the plaintiff's attorney consulted with at least one licensed physician who concluded that the case has merit and that the healthcare provider deviated from acceptable medical practices.
Q: What is the most common cause of primary care malpractice claims?
Diagnostic errors represent the leading cause, accounting for 46% of all claims against primary care physicians. Cancer misdiagnosis is the most frequent type, responsible for 50% of diagnostic-related claims.
Q: How long do I have to file a primary care malpractice lawsuit in New York?
Generally, you have 2.5 years from the date of malpractice or end of continuous treatment. For cancer misdiagnosis cases, Lavern's Law extends this to 2.5 years from discovery, with a seven-year overall cap.
Q: Can I sue if my primary care doctor missed my cancer diagnosis?
Yes. If your doctor failed to include cancer in their differential diagnosis or failed to perform appropriate follow-up testing when cancer should have been suspected, you may have a valid claim under Lavern's Law.
Q: What if my primary care doctor prescribed the wrong medication?
Medication errors account for 5.6 to 20% of primary care claims. If your doctor prescribed contraindicated medications, failed to check for allergies, or made dosing errors that caused harm, you may have a malpractice claim.
Q: How much can I recover in a primary care malpractice case?
New York has no damage caps. Recent settlements include $4.65 million for delayed breast cancer diagnosis and $120 million for delayed stroke diagnosis. Cancer cases typically range from $300,000 to $3 million.
Q: What if my doctor failed to refer me to a specialist?
Primary care physicians have a duty to recognize when specialist consultation is necessary. Delayed or failed referrals, particularly for serious conditions, represent a significant source of liability.
Q: Can I sue for a delayed heart attack diagnosis?
Yes. Cardiovascular misdiagnosis cases are common in primary care malpractice, with settlements ranging from $200,000 to $2.5 million. Acute coronary syndrome represents 5.7% of diagnostic error cases.
Q: What if my doctor failed to follow up on abnormal test results?
Failure to ensure proper follow-up of abnormal test results represents a significant source of primary care liability. This includes failures in communication systems and patient tracking.
Q: Do I need an expert witness for my primary care malpractice case?
Yes. New York requires a Certificate of Merit from a qualified physician, and expert testimony is essential to establish the standard of care and prove it was breached.
Q: What if multiple primary care providers were involved in my care?
You may pursue claims against multiple providers if their collective negligence contributed to your injury. Recent cases have involved multiple primary care providers in delayed diagnosis scenarios.
Injured by Medical Malpractice in New York?
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The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
Like in all malpractice cases, you will need a medical expert to examine your tests and records and confirm that you were indeed a victim of medical malpractice or medical negligence. The Porter Law Group works with board-certified medical experts who can do this for you and even testify in court on your behalf, should it be necessary.
Recovering compensation for medical malpractice in New York State requires navigating numerous requirements, regulations, and laws. Primary care malpractice cases generally require expert testimony from physicians with relevant experience in family medicine, internal medicine, or general practice. The expert must establish the accepted standard of care and demonstrate how the defendant's actions deviated from that standard.
The lawyers at the Porter Law Group have recovered millions of dollars for victims of medical malpractice throughout New York. We are ready to put our experience, skills, and resources forward to help you recover the compensation you deserve.
If you believe that you or a family member have been harmed by the negligence of a primary care physician, nurse practitioner, or physician's assistant, it is important to consult an experienced medical malpractice lawyer as soon as possible. Our personal injury lawyers have a proven track record of success in holding negligent healthcare providers accountable and securing the compensation our clients need and deserve.
Don't wait to seek justice for your injuries. Call the Porter Law Group today at 833-PORTER9 or email info@porterlawteam.com to schedule your free, no-obligation consultation. We will thoroughly review your case, answer your questions, and advise you on the best course of action. Let us fight for the compensation you deserve while you focus on your recovery and well-being.
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