To build this evidence-based 2026 ranking, we weigh New York misdiagnosis lawyers' published results and practice focus, considering client reviews and experience too.
The list starts with Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf. With a practice dating to 1919, the firm publishes substantial malpractice verdicts. Check whether it handles your diagnosis before you call. Ask how fees work and who would review your medical records. For filing rules, see the New York malpractice guide.
4.6115 Google reviewsRated 4.6 out of 5 on Google from 115 reviews
Best for: Severe injuries from missed diagnoses
After a failure to diagnose placental abruption left a Brooklyn child with cerebral palsy, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf reports a $90,939,857 verdict. A missed diagnosis was directly behind that result. A team led by Ben Rubinowitz secured a $120 million medical malpractice verdict in 2023, according to the firm's site.
Stood out in our review for the results it publishes and its years of experience.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.632 Google reviewsRated 4.6 out of 5 on Google from 32 reviews
Best for: Catastrophic injury and wrongful death
Since Kramer, Dillof, Livingston & Moore's founding in 1950, Judith Livingston and Thomas Moore have become senior partners. Alongside birth injuries and surgical errors, the firm's site lists work involving misdiagnosis. For injuries involving New York City public hospitals, its published results include $130 million in a birth injury case and $121 million in a brain injury case.
Stood out in our review for its years of experience and the recognition it has earned.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
5.014 Google reviewsRated 5.0 out of 5 on Google from 14 reviews
Best for: Cancer and infection diagnosis claims
Failure to diagnose cancer and delays in emergency room treatment appear explicitly among the Law Office of Victoria Wickman's practice areas. Its published results include a $1.7 million breast cancer settlement, plus matters involving failure to diagnose leukemia and sepsis. That makes the firm's diagnosis-related work particularly relevant to this list.
Stood out in our review for the recognition it has earned and the results it publishes.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Not sure who to call first?
Tell us what happened. A malpractice lawyer who serves New York can look at it with you, and it costs nothing.
5.0122 Google reviewsRated 5.0 out of 5 on Google from 122 reviews
Best for: Missed heart attacks and infections
Alongside delayed cancer diagnosis, The New York Injury & Malpractice Law Firm, P.C. lists heart attack misdiagnosis and undiagnosed infections among the cases it handles. Medical malpractice accounts for a substantial share of its work. For the estate of a woman who died from a heart attack, the firm's site reports a $3.6 million recovery.
Stood out in our review for how much of its work is medical malpractice and what its clients say.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.8697 Google reviewsRated 4.8 out of 5 on Google from 697 reviews
Best for: Diagnosis concerns involving medical devices
Rather than concentrating narrowly on malpractice, Weitz & Luxenberg handles a broad range of litigation. Founded in 1986, the New York firm includes misdiagnosis on its site alongside topics involving birth injuries. For DePuy hip implants, it publishes a $2.5 billion settlement.
Stood out in our review for its years of experience and what its clients say.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
When you first speak with the firm, explain the missed condition and when you received care. That first consultation is free at every listed firm. Before proceeding, ask who will assess your case and what else that lawyer needs to know.
Review records and deadlines
When reviewing your chart, a lawyer can check the filing clock too. From the act or omission, New York's malpractice deadline runs 2 years and 6 months, or from the last continuous treatment for the same condition. If the patient is a child, different limits apply.
Obtain medical input
An attorney's certificate of merit is required in New York. After consulting a licensed physician, the attorney must state in it that there's a reasonable basis for the action. Before proceeding, ask what medical records the physician needs and how that review affects whether the lawyer moves ahead.
File the complaint
When the complaint starts the lawsuit, it must include the certificate of merit. If the deadline was near, the rule gives 90 days to file the certificate. Whether your case qualifies for that allowance is a question for a New York lawyer.
Work toward a resolution
Alongside verdicts, the firms publish results reached through settlements. Because a claim may end in an agreement or a court decision, ask your lawyer what comes next and how you'll hear about it. Neither your case's outcome nor its timetable is established by past results.
Malpractice claims in New York: the rules that matter
The filing deadline in New York
The clock startsOn the day of the treatment
Time to start a claim2 years and 6 monthsMiss it and the claim is usually lost.
At the very most7 yearsafter the treatment, with a few exceptions
Limits on damages in New York
Pain and sufferingNo cap
All damages togetherNo overall cap
Expert paperworkThe complaint must include the attorney's certificate of merit stating they consulted a licensed physician and concluded there is a reasonable basis for the action (or 90 days to file it if the deadline was near).
A written agreementThe share the lawyer takes, set out before work starts.
If you recover moneyThe agreed share and the case costs come out of it.
If the claim failsNo legal fee on a contingency agreement. Ask about costs.
If the claim fails, there's no attorney's fee under the contingency arrangement many firms here describe; the lawyer gets a share of any recovery. The consultation is free at all firms. Costs aren't part of that fee. Alongside court fees, those costs include paying for medical records and obtaining opinions from physicians. Who advances those costs, or owes them if a claim is unsuccessful, isn't established by the fee information the firms provide. Ask to see the fee calculation in writing before you sign. While the case is pending, find out who carries those expenses, and ask whether costs are deducted before or after the lawyer's share.
A free consultation is offered by all ten firms on this list, they say. Contingency is how Seven say they work.
What to bring to your first call
Medical test results and discharge notes among the records you already have
When you eventually received the diagnosis, along with the dates of visits and treatment
Which doctors and hospitals were involved, listed by name
Your symptoms and care set out in a short timeline
Records of related expenses, along with your medical bills
Messages or letters you've received from the hospital or insurer
The injury or changes in your condition shown in photos
The child's birth date and dates of treatment, if the claim involves a child
Questions to ask a lawyer
1For this missed diagnosis, how many cases have you handled?
2When I call, who'll respond and handle my file?
3Before you accept the case, what must my medical records show?
4For the certificate of merit, how will you arrange the required physician review?
5For my situation, what's the filing deadline?
6What's your method for calculating the contingency fee?
7If the claim fails, who pays case costs, and who pays while it's pending?
8When there are decisions or progress, how will you update me?
Choose for your diagnosis, not the largest verdict
Start by identifying the missed condition, then note the dates you sought care. If cancer was diagnosed late, a published birth-injury verdict may tell you little. While the Law Office of Victoria Wickman publishes cancer and infection matters, Finz & Finz, P.C. reports cases involving stroke and intestinal diagnoses. How closely those cases match yours is worth asking the lawyer.
Ask who'll speak with you and which attorney will read your chart. Your file may go to someone other than the firm's named partners.
What needs to appear in the records? Ask how a physician's opinion will affect whether the lawyer accepts your case or decides to turn it down.
Before you hire the firm, talk about communication. Although several receive praise for updates, some get mixed feedback about how promptly they respond.
Ask what happened in a published case. If it involved a device settlement or hospital bed sores, that doesn't show experience with the diagnosis missed in your care.
Check the filing clock early
If treatment for the same condition was continuous, New York's malpractice deadline runs 2 years and 6 months from the last treatment; otherwise, it runs from the act or omission. The clock doesn't automatically extend because you received later care. When you give your lawyer the visit dates, explain whether treatment for that condition continued. An outer limit also applies to children's claims.
Put the financial arrangement in writing
For every listed firm, the consultation is free. Although you don't pay for that first conversation about the case, a consultation doesn't mean the firm has agreed to act as your lawyer. If a firm offers contingency fees, its lawyer gets a share of any recovery, with nothing received if the claim fails. When discussing fees, ask separately about medical opinions and records, as well as court fees.
If someone pushes you to sign before explaining fees or promises results, be wary. Your outcome isn't predicted by past verdicts. Ask for a written answer if the agreement doesn't make clear who pays case costs when a claim is unsuccessful. This gives general information, not advice about your case. To understand how the rules apply to your family, speak with a New York lawyer.
Questions people ask
How long do I have to file a misdiagnosis claim in New York?
If treatment for the same condition was continuous, New York's malpractice deadline runs 2 years and 6 months from the last treatment; otherwise, it runs from the act or omission. To calculate your deadline, don't rely on this description alone. When a New York lawyer reviews your treatment dates, ask how the rule applies to you.
Can I speak to a lawyer here without paying for the first call?
A free consultation is available at all ten firms on this list, they say. When you explain the missed diagnosis during that conversation, ask about the filing deadline. Even after a consultation, the firm may not take your case. Ask what information it needs before it can make that decision.
What does a contingency fee mean?
Contingency is the fee arrangement Seven listed firms describe. If the claim fails, the lawyer gets no attorney's fee; if there's a recovery, the lawyer receives a share. Expenses for the case aren't included, though. Before proceeding, ask who advances that money and whether you'll owe any costs if the claim is unsuccessful.
What medical review does New York require before a lawsuit?
In the certificate of merit required with the complaint, the attorney must state that, after consulting a licensed physician, the attorney concluded there's a reasonable basis for the action. If the deadline was near, the rule gives 90 days to file the certificate. Before that consultation, ask your lawyer what records the physician will need.
Do children have more time to bring a malpractice claim?
While the patient is a minor, New York extends the period, effectively starting the clock at 18, although the limit is never more than 10 years after the malpractice. If the injury happened early in childhood, that outer limit matters. Before assuming you can wait, have a New York lawyer check the child's birth date against the dates of treatment.
Does New York limit the damages in a malpractice case?
There's no cap on medical malpractice damages in New York. Even without a cap, the rule says nothing about your claim's worth or whether it will succeed. For different patients and injuries, several firms here publish substantial settlements as well as verdicts. When a lawyer assesses your claim, ask how the details in your records affect that assessment.
How long will a misdiagnosis lawsuit take?
We can't give you a supported estimate of case duration here. Although the firms report verdicts and settlements, those results don't provide a schedule for your own claim. Once the lawyer reviews your records, ask what happens next and what could slow the case. Ask, too, how often you'll hear about progress.
Which firms publish results involving missed cancer or infection diagnoses?
Alongside matters involving failure to diagnose leukemia and sepsis, the Law Office of Victoria Wickman publishes a $1.7 million breast cancer settlement. Among the cases it handles, The New York Injury & Malpractice Law Firm, P.C. lists undiagnosed infections and delayed cancer diagnosis. When you contact each firm, ask about your condition.
What should I do if my loved one died after a missed diagnosis?
Start with whatever records you have, gathering the treatment dates. With those in hand, a New York lawyer can review what happened and the applicable filing rules. Alongside Kramer, Dillof, Livingston & Moore's published $13 million wrongful death verdict, The New York Injury & Malpractice Law Firm, P.C. reports a $3.6 million recovery for an estate following a heart attack death.
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