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NYU Langone Diagnostic Error and Failure to Diagnose Lawsuits

Excerpt: NYU Langone Health is one of New York's premier medical systems — but diagnostic errors there can have devastating consequences. This guide explains your legal rights if you were misdiagnosed at NYU Langone.

About NYU Langone Health

NYU Langone Health is one of New York City's most prestigious academic medical centers. With its flagship Tisch Hospital, Kimmel Pavilion, and numerous outpatient facilities across Manhattan, Brooklyn, and Long Island, NYU Langone handles a high volume of patients across all specialties.

As a teaching hospital affiliated with NYU Grossman School of Medicine, NYU Langone involves residents and fellows in patient care under the supervision of attending physicians. As a major tertiary care center, it receives complex referrals from across the region — meaning that diagnostic errors at NYU Langone can involve some of the most challenging medical cases.

With high patient volume and complex cases comes increased responsibility — and when diagnostic errors occur, the consequences can be devastating: delayed cancer diagnosis, missed heart attack, failure to diagnose stroke, or other catastrophic injuries.

[Link to: /medical-malpractice/misdiagnosis]

Common Diagnostic Errors at NYU Langone

Failure to Diagnose Cancer

NYU Langone's Perlmutter Cancer Center is a premier oncology program. However, cancer misdiagnosis can occur when:

• Imaging is misinterpreted — Radiologists miss tumors on mammograms, CT scans, or MRIs
• Pathology is misread — Biopsy results are misinterpreted, leading to delayed cancer diagnosis
• Abnormal results are not followed up — Patients with abnormal screening results are not called back for further evaluation
• Referrals are delayed — Primary care providers within the system delay referring patients to specialists

[Link to: /medical-malpractice/cancer-misdiagnosis]

Failure to Diagnose Heart Attack

Despite being a major cardiac center, emergency room errors at NYU Langone can lead to missed heart attack diagnoses — particularly in women, who may present with atypical symptoms.

[Link to: /blog/misdiagnosis-heart-attack-women-ny-legal-rights]

Failure to Diagnose Stroke

As a Comprehensive Stroke Center, NYU Langone is equipped to treat stroke — but the diagnosis must be made first. Failure to recognize stroke symptoms, failure to obtain a prompt CT scan, or failure to administer tPA (clot-busting medication) within the treatment window may be negligence.

Radiology Errors

NYU Langone's radiology department handles a high volume of imaging studies. Errors include:

• Misread imaging — Radiologists miss abnormalities on X-rays, CT scans, MRIs, and mammograms
• Failure to compare — Not comparing current imaging with prior studies
• Communication failures — Critical findings not communicated to the treating physician

[Link to: /medical-malpractice/radiology-errors]

Failure to Diagnose Sepsis

Sepsis is a time-critical emergency. Failure to recognize the signs of sepsis, failure to obtain blood cultures, or delay in starting antibiotics may be negligence.

[Link to: /blog/post-surgical-sepsis-failure-to-monitor-malpractice]

Mid-Level Provider Errors

As a large healthcare system, NYU Langone employs physician assistants (PAs) and nurse practitioners (NPs) who may see patients independently. Diagnostic errors by mid-level providers — and failure to consult supervising physicians — are a growing source of malpractice claims.

[Link to: /blog/diagnostic-errors-physician-assistants-nurse-practitioners]

Who Can Be Held Liable?

In a diagnostic error case at NYU Langone, potential defendants include:

• The attending physician — For diagnostic errors, failure to order tests, or failure to consult specialists
• The resident or fellow — If they failed to recognize the condition (though the attending is responsible for supervision)
• The radiologist — For misinterpreting imaging studies
• The pathologist — For misinterpreting biopsy results
• The PA or NP — For diagnostic errors and failure to escalate
• NYU Langone Health — For staffing, credentialing, protocol, and supervision failures

Teaching Hospital Liability

As a teaching hospital, NYU Langone has a responsibility to ensure that residents and fellows are adequately supervised. Under 10 NYCRR § 405.4, attending physicians must provide appropriate supervision.

[Link to: /medical-malpractice/hospital-negligence]

Statute of Limitations

NYU Langone Health is a private hospital:

• No notice of claim required — Unlike NYC Health + Hospitals facilities
• CPLR 214-a — 2.5 years from the date of the malpractice
• Continuous treatment doctrine — May extend the deadline if you continued receiving treatment from the same provider for the same condition

Preserving Evidence at NYU Langone

Critical evidence includes:

1. Emergency room or clinic records — Documenting the evaluation and diagnostic workup
2. Imaging studies and radiology reports — What was ordered, what was reported
3. Pathology reports — For biopsy and cytology results
4. Lab results — Blood tests and cultures
5. EMR audit trail — Electronic log of who accessed or modified records
6. Referral and consult notes — Whether specialists were consulted

Your attorney should send a formal preservation letter to NYU Langone immediately.

Frequently Asked Questions

Can I sue NYU Langone for misdiagnosis?

Yes. If a physician, radiologist, pathologist, or mid-level provider at NYU Langone failed to diagnose your condition — and this caused you harm — you may have a malpractice claim against both the individual provider and the hospital.

How long do I have to sue NYU Langone?

Under CPLR 214-a, the deadline is generally 2.5 years from the date of the malpractice. The continuous treatment doctrine may extend this if you continued receiving treatment from the same provider.

Is NYU Langone a public or private hospital?

NYU Langone Health is a private, nonprofit hospital. No notice of claim is required, and the standard statute of limitations applies.

What if a radiologist at NYU Langone misread my imaging?

You may have a claim against the radiologist and against NYU Langone. Radiology errors — including misread mammograms, CT scans, and MRIs — are a common source of malpractice claims.

What evidence do I need for a diagnostic error case?

Medical records, imaging studies and radiology reports, pathology reports, lab results, and the EMR audit trail are the most critical pieces of evidence.

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If you or a loved one has been affected by a diagnostic error at NYU Langone Health, contact MDLaw Firm at 347-524-5777 for a free consultation.

This article is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. No attorney-client relationship is created by reading this article or contacting MDLaw Firm.