When a doctor suspects that a patient may have a serious illness or condition, they often request blood or tissue samples to be analyzed by a pathologist. These medical specialists use microscopes and advanced diagnostic techniques to examine cells and form critical diagnoses that guide treatment decisions. While pathologists rarely interact directly with patients, their work behind the scenes is crucial to accurate medical diagnosis and appropriate treatment planning.
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Pathology ranks as the medical specialty with the highest average malpractice payout nationwide, averaging $473,957 per case. According to research published in the Journal of the American Medical Association, pathologists have a higher rate of medical malpractice claims than many other medical professionals. The claims frequency for pathology rose from 8.8% to 10% between 1989 and the early 1990s, even as overall claims frequency for all physicians decreased during the same period.
When pathologists make errors in interpreting samples, the consequences for patients can be devastating—often involving delayed cancer diagnoses, unnecessary treatments, or missed opportunities for life-saving interventions.
If you or a loved one have suffered harm due to pathology malpractice in New York, the experienced medical malpractice attorneys at The Porter Law Group can help you seek the justice and compensation you deserve. We understand the complex nature of pathology cases and the devastating impact that diagnostic errors can have on patients and their families.
New York consistently leads the nation in medical malpractice claims and payouts. From 2012 to 2022, New York residents filed nearly 16,000 medical malpractice lawsuits, translating to roughly 19 cases per 10,000 residents. In 2024, New York recorded the highest total malpractice payouts nationwide, amounting to $550.12 million across 1,205 cases.
We work on a contingency fee basis, so there are no fees unless we win your case. Call us at 833-PORTER9 or email info@porterlawteam.com to discuss your case during a free consultation.
Pathology malpractice occurs when a pathologist fails to meet the accepted standard of professional care, resulting in harm to a patient. While pathologists typically do not treat patients directly, their diagnostic work plays a central role in patient care. As such, errors in their interpretations can be the proximate cause of serious injuries.
Pathologists commonly examine:
Studies indicate that pathology error rates vary depending on the type of analysis, with an overall error rate of 2.8% across all pathology fields. Individual field error rates range from 0.5% to 6.4%, with fields involving descriptive text or requiring interpretation showing higher error rates (5.2%) compared to fields allowing direct transcription (1.3%).
These are the most frequent and often most damaging forms of pathology malpractice. Examples include:
Pathology malpractice is particularly common in diagnoses involving lymphoma, melanoma, breast fine-needle aspirations, cervical Pap smears, prostate biopsies, and errors made by expert consultants.
The effects of pathology malpractice can be life-altering or even fatal for patients. Studies show that 38.9% of diagnosis-related allegations result in death while 36.0% involve lasting disability.
Physicians rely on pathology reports to determine the next steps in a patient’s care plan. When those reports are wrong:
New York is one of 17 states that has not enacted tort reform policies capping economic damage payouts. This means there are no limitations on the amount of damages that can be awarded in pathology malpractice cases, allowing for full compensation.
The average medical malpractice settlement in New York is approximately $446,000, far exceeding the national average of $242,000. Cancer misdiagnosis cases, which are common in pathology malpractice, typically result in settlements ranging from $300,000 to $3 million.
Recent significant awards include a record-breaking $120 million verdict in Westchester County and a $35.6 million settlement (the highest pre-verdict malpractice settlement in New York history), demonstrating the potential for substantial awards when pathology errors result in severe harm.
New York has established specific time limits for filing pathology malpractice claims that are among the most restrictive in the United States. The general statute of limitations for medical malpractice, including pathology cases, is 2.5 years (30 months) from the date of the alleged malpractice or from the end of continuous treatment.
For municipal hospitals and government-owned healthcare facilities, the process is more complex and restrictive. Victims must first file a Notice of Claim within 90 days of the injury with the defending facility and the appropriate government entity.
A significant development in New York pathology malpractice law is Lavern's Law, enacted on January 31, 2018. This law specifically addresses cases involving the failure to diagnose cancer or malignant tumors, which are common in pathology malpractice claims.
Under Lavern's Law, the statute of limitations begins from the date of discovery rather than the date of the alleged malpractice. Patients now have 2.5 years from when they discover or reasonably should have discovered the cancer misdiagnosis, with an overall cap of seven years from the date of the alleged malpractice.
New York mandates that all medical malpractice complaints, including pathology cases, be accompanied by a Certificate of Merit. This certificate must certify that the plaintiff's attorney consulted with a medical expert who concluded that the case has merit and that the healthcare provider deviated from acceptable medical practices.
Pathologists are required to act with the same level of care as a reasonably competent pathologist in similar circumstances, especially when interpreting diagnostic tests.
To establish pathology malpractice in New York, plaintiffs must prove four essential elements:
Because of the technical nature of pathology malpractice, expert testimony is almost always necessary. Experts must review the slides, pathology reports, and medical records to determine whether the pathologist failed to meet the professional standard of care.
If the negligent pathologist was employed by a hospital and operating without the requisite license from the New York State Department of Education (NYSDOE), you may have a claim of negligent hiring and supervision against the hospital. This may also apply if the pathologist's assistant did not meet the requirements for practice or was guilty of unprofessional conduct.
Healthcare institutions can be held liable for:
Q: How can I tell if my pathologist made an error?
Signs include inconsistent diagnoses, unexplained disease progression, or learning from a second opinion that your original diagnosis was incorrect.
Q: Can I sue if my cancer was misdiagnosed as benign?
Yes. If a delayed diagnosis resulted in advanced disease or worse outcomes, you may have a valid claim. Under Lavern's Law, you have 2.5 years from discovering the misdiagnosis to file a lawsuit.
Q: What if my pathologist gave me a false positive cancer diagnosis?
If you underwent unnecessary cancer treatments due to a pathology error, you can seek compensation for the harm caused.
Q: How long do I have to file a pathology malpractice lawsuit in New York?
A: Generally, you have 2.5 years from the date of malpractice. However, Lavern's Law extends this to 2.5 years from discovery for cancer misdiagnosis cases, with an overall cap of seven years from the malpractice date.
Q: Do I need the original tissue slides to prove my case?
While original slides are helpful, they're not always necessary. Pathology reports, medical records, and expert testimony can often establish malpractice. However, having slides reviewed by an independent pathologist can strengthen your case significantly.
Q: Can I sue if my Pap smear results were misread?
Yes. Pap smear misinterpretation is a common basis for pathology malpractice. If a pathologist failed to identify abnormal cells that later developed into cervical cancer, you may have a valid claim.
Q: What if the laboratory mixed up my specimen with another patient's?
Specimen mix-ups are serious system errors that can constitute malpractice. If you received treatment based on another patient's results or your condition worsened due to the mix-up, you may be entitled to compensation.
Q: How much can I recover in a pathology malpractice case?
New York has no damage caps, so awards can be substantial. Cancer misdiagnosis cases typically settle for $300,000 to $3 million, depending on the severity of harm and stage of cancer when properly diagnosed.
Q: Do I need an expert witness for my pathology malpractice case?
Yes. New York requires a Certificate of Merit from a qualified medical expert, and pathology cases almost always require expert testimony due to their technical complexity. The expert must review your case materials and opine on the standard of care.
Q: Can I sue both the pathologist and the hospital?
Yes. If both the practitioner and institution contributed to the error, both can be held liable. Hospitals can be held liable for negligent hiring, supervision, or system failures that contributed to the diagnostic error.
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.
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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.
Medical malpractice cases are complex, especially in New York, where you must navigate numerous documentary and filing requirements, be aware of the statute of limitations, and present clear and convincing evidence. This can be particularly challenging when you're still undergoing treatment for the consequences of the pathology error.
At The Porter Law Group, our knowledgeable medical malpractice attorneys have the skills and resources to thoroughly investigate pathology errors and build strong cases for our clients. We have decades of experience in medical malpractice litigation and a proven track record of fighting tirelessly to recover maximum compensation for our clients.
Pathology malpractice cases often turn on very technical details, requiring qualified expert witnesses who can review slides, medical records, and laboratory procedures. We work with board-certified pathologists and other medical experts who can identify deviations from the standard of care and testify on your behalf.
The legal landscape for pathology malpractice in New York reflects the state's patient-friendly approach to medical malpractice law, with no damage caps, extended discovery rules for cancer cases under Lavern's Law, and comprehensive procedural requirements designed to ensure legitimate claims can proceed.
You should not have to bear the burdens of a pathologist's negligence on your own. Let us put our experience to work for you and help you seek accountability and justice.
Contact The Porter Law Group at 833-PORTER9 or email info@porterlawteam.com to arrange a free consultation with a dedicated New York pathology malpractice lawyer. We're here to help you through this difficult time and advocate for your rights.
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