Misdiagnosis at NYC Health + Hospitals (H+H): Filing a Notice of Claim

About NYC Health + Hospitals

NYC Health + Hospitals (H+H), formerly known as the New York City Health and Hospitals Corporation (HHC), operates the following hospitals and facilities:

• Bellevue Hospital Center (Manhattan) -- the oldest public hospital in the United States
• Harlem Hospital Center (Manhattan)
• Metropolitan Hospital Center (Manhattan)
• Elmhurst Hospital Center (Queens)
• Queens Hospital Center (Queens)
• Lincoln Medical and Mental Health Center (Bronx)
• Jacobi Medical Center (Bronx)
• Kings County Hospital Center (Brooklyn)
• Coney Island Hospital (Brooklyn)
• Woodhull Medical and Mental Health Center (Brooklyn)
• NYC Health + Hospitals / Gotham Health community health centers (various locations)

Common Misdiagnoses at NYC H+H Facilities

Misdiagnosis can occur at any hospital, but the high-volume, high-acuity environment of NYC H+H emergency departments and clinics can create conditions that increase the risk of diagnostic errors:

• Cancer misdiagnosis: Failure to follow up on abnormal imaging, laboratory results, or symptoms. [Link to: /medical-malpractice/cancer-misdiagnosis]
• Heart attack misdiagnosis: Attributing chest pain to gastrointestinal issues or musculoskeletal pain. [Link to: /medical-malpractice/heart-attack-misdiagnosis]
• Stroke misdiagnosis: Attributing neurological symptoms to migraine, vertigo, or intoxication. [Link to: /medical-malpractice/stroke-misdiagnosis]
• Sepsis misdiagnosis: Attributing fever and altered mental status to viral illness. [Link to: /medical-malpractice/sepsis-malpractice]
• Meningitis misdiagnosis: Attributing headache, fever, and neck stiffness to viral illness. [Link to: /misdiagnosis/meningitis-misdiagnosis]
• Appendicitis misdiagnosis: Attributing abdominal pain to gastroenteritis or constipation. [Link to: /misdiagnosis/appendicitis-misdiagnosis]
• Pulmonary embolism misdiagnosis: Attributing shortness of breath and chest pain to asthma or anxiety. [Link to: /misdiagnosis/pulmonary-embolism-misdiagnosis]
• Aortic dissection misdiagnosis: Attributing tearing chest pain to heart attack or musculoskeletal pain. [Link to: /misdiagnosis/aortic-dissection-misdiagnosis]
• Spinal epidural abscess misdiagnosis: Attributing back pain and neurological symptoms to musculoskeletal pain. [Link to: /spinal-cord-injury/spinal-abscess]
• Cauda equina syndrome misdiagnosis: Attributing back pain, leg weakness, and bowel/bladder dysfunction to a routine herniated disc. [Link to: /spinal-cord-injury/cauda-equina-syndrome]

The Legal Hurdle: Shorter Deadlines for Municipal Hospitals

When you are injured by medical negligence at a private hospital in New York, you generally have 2.5 years to file a lawsuit (CPLR 214-a). But when the negligence occurred at a municipal hospital like those in the NYC H+H system, you face significantly shorter deadlines under the New York General Municipal Law:

- Notice of Claim: You must file a formal notice of claim within 90 days of the incident (General Municipal Law 50-e). This notice informs the municipality of your intention to sue and gives them an opportunity to investigate. - Statute of Limitations: You must file the lawsuit within 1 year and 90 days of the incident (General Municipal Law 50-i).

These deadlines are much shorter than the 2.5-year statute of limitations for private hospitals, and missing them can permanently bar your claim. This is why it is critical to contact an NYC H+H misdiagnosis lawyer immediately if you believe you or a loved one was misdiagnosed at an H+H facility.

Filing a Notice of Claim

A notice of claim is a formal legal document that must be filed with the Office of the Comptroller of the City of New York. It must include:

• The name and address of the claimant (the injured person, or the parent/guardian if the injured person is a minor).
• The nature of the claim: A description of the negligence and how it caused harm.
• The time and place where the negligence occurred: The date, time, and location of the misdiagnosis.
• The damages sought: The nature and extent of the injuries and the amount of damages claimed.

The Notice of Claim Process Step by Step

The notice of claim process for an NYC H+H misdiagnosis case involves several steps:

• 1. Contact a lawyer immediately: Because the 90-day deadline is so short, it is critical to contact a lawyer as soon as possible after the misdiagnosis.
• 2. Obtain medical records: Your lawyer will obtain your medical records from the H+H facility. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• 3. Prepare the notice of claim: Your lawyer will draft a notice of claim that complies with the requirements of General Municipal Law 50-e.
• 4. File the notice of claim: The notice of claim must be filed with the Office of the Comptroller of the City of New York within 90 days of the incident.
• 5. Wait for the municipality response: The municipality may request additional information or offer to settle the claim. They may also schedule a hearing (known as a 50-h hearing) to take testimony from the claimant.
• 6. File the lawsuit: If the claim is not settled, your lawyer will file the lawsuit within 1 year and 90 days of the incident.

Statute of Limitations for NYC H+H Misdiagnosis Cases

The statute of limitations for NYC H+H misdiagnosis cases is 1 year and 90 days from the date of the incident (General Municipal Law 50-i). This is much shorter than the 2.5-year statute of limitations for private hospitals.

Key considerations:

• Date of the incident: The 1 year and 90 day clock starts on the date of the misdiagnosis (the date of the negligence).
• Continuous treatment doctrine: If you continued to receive treatment at the same H+H facility for the same condition, the statute may be extended until the treatment ends.
• Infancy toll (CPLR 208): If the misdiagnosis occurred in a child, the statute of limitations is tolled until the child 18th birthday. However, the notice of claim must still be filed within 90 days -- the infancy toll does not extend the notice of claim deadline. [Link to: /cerebral-palsy-lawyer/statute-of-limitations]
• Lavern's Law (cancer): If the misdiagnosis involved cancer, Lavern's Law provides 2.5 years from the date of discovery, with a 7-year outer limit. However, the notice of claim must still be filed within 90 days of the date you discovered (or should have discovered) the misdiagnosis. [Link to: /misdiagnosis/laverns-law]
• Wrongful death: If the misdiagnosis caused death, the wrongful death claim must be filed within 2 years of the date of death, but the notice of claim must still be filed within 90 days of the date of death. [Link to: /wrongful-death-lawyer]

When Misdiagnosis at NYC H+H Constitutes Malpractice

Misdiagnosis at an NYC H+H facility constitutes medical malpractice when a healthcare provider at the facility deviated from the accepted standard of care and that deviation caused harm. This includes:

• The provider failed to consider a serious condition in the differential diagnosis.
• The provider failed to order appropriate tests (laboratory, imaging) for a patient with concerning symptoms.
• The provider failed to refer the patient to a specialist when indicated.
• The radiologist misinterpreted imaging studies. [Link to: /radiology-errors/mri-malpractice]
• The pathologist misinterpreted biopsy results.
• The provider failed to communicate abnormal results to the patient or referring physician.
• The provider discharged the patient prematurely without appropriate evaluation. [Link to: /medical-malpractice/premature-discharge-unsafe-discharge]
• The deviation caused harm (the condition progressed, the patient suffered permanent injury, or the patient died).

Proving Your Case Against NYC H+H

To prove a misdiagnosis case against NYC H+H, you need:

• Medical records: Including emergency department records, physician notes, consultation notes, laboratory results, imaging studies, and pathology reports. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Imaging studies: X-rays, CT scans, MRIs, and ultrasounds. [Link to: /radiology-errors/mri-malpractice] [Link to: /radiology-errors/ct-scan-negligence]
• Expert review: Independent review by board-certified physicians in the relevant specialty.
• Standard of care evidence: Establishing what the standard of care requires for a patient with your symptoms.
• Causation evidence: Establishing that earlier diagnosis would have changed the outcome. [Link to: /delayed-diagnosis-lawyer/loss-of-chance]
• Life care plan: If the injury is permanent, a detailed projection of future medical care, rehabilitation, and support needs.
• Expert testimony: From qualified experts.

Common Defense Arguments and How We Counter Them

Defense: The hospital was understaffed and overcrowded.

Defense attorneys for NYC H+H use several arguments in misdiagnosis cases:

• Our Counter: While NYC H+H facilities are often busy and understaffed, this does not excuse a deviation from the standard of care. The standard of care is the same regardless of the hospital volume. If the provider failed to meet the standard of care, the hospital is liable, regardless of staffing levels.

Defense: The patient was a poor historian or could not communicate.

Our Counter: The standard of care requires providers to obtain a thorough history, even from patients who are poor historians or who have language barriers. If the provider failed to use interpreters, failed to obtain records from previous visits, or failed to perform an adequate evaluation, the standard of care was breached.

Defense: The condition was rare and difficult to diagnose.

Our Counter: While some conditions are rare, the standard of care requires providers to consider serious conditions in the differential diagnosis, order appropriate tests, and refer to specialists when indicated. If the provider failed to do these things, the standard of care was breached, even if the condition was rare.

Defense: The notice of claim was not timely filed.

Our Counter: We ensure that the notice of claim is filed within 90 days. If the 90-day deadline has passed, we may be able to seek leave of court to file a late notice of claim (General Municipal Law 50-e(5)), but this is discretionary and not guaranteed. This is why it is critical to contact a lawyer immediately.

Compensation Available

A successful misdiagnosis claim against NYC H+H can provide compensation for:

• Medical expenses: Including past and future medical care, surgeries, rehabilitation, medications, and assistive devices
• Lost wages and lost earning capacity: For time missed from work and reduced ability to work
• Pain and suffering: NY has no cap on non-economic damages
• Permanent disability: For brain damage, organ damage, amputation, and other permanent conditions
• Future medical care costs: Based on a life care plan, discounted to present value
• Loss of consortium: For the impact on family relationships
• Wrongful death damages: If the misdiagnosis caused death [Link to: /wrongful-death-lawyer]

What to Expect Working with MDLaw Firm

When you contact MDLaw Firm about a potential NYC H+H misdiagnosis case:

• Free Consultation: We listen to your story and review the basic facts.
• Immediate Deadline Assessment: We evaluate the 90-day notice of claim deadline and the 1 year and 90 day statute of limitations. If the 90-day deadline is approaching, we take immediate action.
• Record Retrieval: We obtain all medical records from the H+H facility. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Expert Review: We engage board-certified physicians to independently review the records.
• Notice of Claim: We prepare and file the notice of claim with the Office of the Comptroller of the City of New York within 90 days.
• 50-h Hearing: If the municipality schedules a 50-h hearing, we prepare you for testimony and represent you at the hearing.
• Litigation: We file the lawsuit within 1 year and 90 days and handle all aspects of discovery and trial.
• Resolution: We pursue maximum compensation through settlement or verdict.

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.