What Is the Discovery Rule in Medical Malpractice Cases?

How the Rule Affects Cancer Misdiagnosis Claims in New York

When it comes to medical malpractice claims, timing is everything—especially in cases involving something like cancer misdiagnosis, where the medical mistake is not immediately apparent. Many malpractice victims are unaware that their healthcare provider made a critical error until months or even years after the fact. This can be worrisome given the fact that medical malpractice victims only have two and a half years after an error occurs to bring a claim against the doctor or hospital that made the mistake.

Fortunately, New York law recognizes that certain injuries aren’t always immediately apparent. That’s where the discovery rule comes in. Learn more about the discovery rule below, and if you or a loved one has been harmed by a delayed or missed cancer diagnosis or other medical negligence in NYC, contact Leandros A. Vrionedes, P.C., to review your claim with a skilled and knowledgeable New York medical malpractice lawyer.

What Is the Discovery Rule?

In general, medical malpractice claims in New York must be filed within two years and six months from the date of the alleged malpractice. However, this traditional rule can unfairly penalize patients who don’t realize they’ve been harmed until well after the malpractice occurred.

The discovery rule modifies this deadline in certain situations by starting the clock not from the date of the mistake, but from the date the patient discovers—or reasonably should have discovered—the malpractice.

The Discovery Rule and Cancer Misdiagnosis

The discovery rule is especially relevant in cancer misdiagnosis cases. Cancer is often a silent disease, with symptoms that may not show up until the disease has progressed. A doctor’s failure to properly diagnose cancer, whether due to ignoring symptoms, misreading test results, or failing to order appropriate screenings, may go unnoticed until the patient receives a correct diagnosis much later—when treatment options are more limited and outcomes are worse.

To address this issue, New York passed Lavern’s Law in 2018. This law specifically applies the discovery rule to cases involving cancer misdiagnosis or failure to diagnose cancer.

How Lavern’s Law Works

Under Lavern’s Law, the statute of limitations for medical malpractice based on a cancer misdiagnosis is 2 years and 6 months from the date the patient discovers the malpractice or reasonably should have discovered it, up to a maximum of seven years from the date of the original error.

This change ensures that patients who were misdiagnosed or whose diagnosis was delayed still have a fair opportunity to hold negligent providers accountable once they learn of the mistake.

Real-World Example

Consider a patient who visits a doctor in 2020 complaining of persistent fatigue and pain. The doctor dismisses the symptoms without ordering any imaging or lab tests. In 2023, the patient is diagnosed with late-stage cancer that could have been detected earlier had the doctor acted appropriately. Thanks to Lavern’s Law, the patient may still file a malpractice claim within two years and six months of the 2023 diagnosis, even though the error happened in 2020—so long as the lawsuit is filed within seven years of the original malpractice.

Why Timing Still Matters

Even with the discovery rule in place, strict time limits apply. Delays in seeking legal advice can create a risk of missing critical deadlines and jeopardize your case. For instance, medical records must be preserved, evidence must be gathered, and expert opinions may be needed to establish that the misdiagnosis caused you harm.

If you believe you may have been the victim of a delayed or missed cancer diagnosis, it’s essential to speak with a knowledgeable medical malpractice attorney as soon as possible.

Talk to a New York Medical Malpractice Attorney

At Leandros A. Vrionedes, P.C., we help clients in Brooklyn, The Bronx, Manhattan, Queens, and throughout New York City understand their rights and pursue claims under New York’s complex medical malpractice law. We know how devastating a cancer misdiagnosis can be—for your health, your peace of mind, and your future. If you think a doctor’s error delayed your diagnosis, we’re here to help.

Contact us today for a free consultation to learn more about your legal options.