Short answer: A pulmonary embolism misdiagnosis lawsuit in New York is a medical malpractice claim that a doctor, nurse or hospital failed to recognize or prevent a blood clot in the lungs, for example by calling it anxiety, pneumonia or a pulled muscle, and that the delay caused serious harm or death. Most adult claims must be filed within 2 years and 6 months, and wrongful death claims within 2 years of death.
This is general information, not legal or medical advice. If someone has sudden shortness of breath, chest pain or is coughing up blood, call 911 now. Speak with a lawyer licensed in your state about your own situation.
What is a pulmonary embolism, and why does speed matter?
The Centers for Disease Control and Prevention (CDC) explains that a pulmonary embolism happens when a blood clot, usually from a deep vein in the leg (deep vein thrombosis, or DVT), breaks loose and travels to the lungs. Together, DVT and PE are called venous thromboembolism (VTE).
The National Heart, Lung, and Blood Institute (NHLBI) estimates up to 600,000 VTE events in the United States each year and warns that a large PE can cause death. The CDC says PE needs immediate treatment with blood thinners or, in severe cases, clot-dissolving drugs, so most PE claims turn on timing: when symptoms appeared, when the patient was seen, when imaging was ordered and when treatment began.
What symptoms of pulmonary embolism get missed?
The CDC lists these warning signs of PE:
- Difficulty breathing
- A faster than normal or irregular heartbeat
- Chest pain or discomfort that worsens with a deep breath or cough
- Coughing up blood
- Very low blood pressure, lightheadedness or fainting
Leg swelling, pain or warmth can signal a DVT. The CDC notes that about half of people with DVT have no symptoms, and a person can have a PE without any DVT symptoms. These signs overlap with panic attacks, pneumonia and heart problems.
When can a missed pulmonary embolism be malpractice?
Some clots are found late even with good care. A claim generally needs a qualified medical expert to show that care fell below accepted practice and that this made the outcome worse. Problems experts often examine include:
- Shortness of breath or chest pain labeled as anxiety without considering PE, especially in a patient with known risk factors.
- No clot-risk assessment after surgery or admission, or prevention such as blood thinners, compression devices or early walking ordered but not given.
- Imaging delayed or not ordered, or a CT scan or D-dimer result that was not followed up.
- Missed risk factors, such as recent surgery, a fracture or cast, cancer, pregnancy or recent childbirth, hormone therapy, a past clot or a long flight.
- A patient sent home with a fast heart rate or low oxygen that was never explained.
Many missed clots follow a procedure or an emergency visit. Our guides to what happens if a surgeon makes a mistake and emergency room negligence in New York cover those settings.
What harm can a delayed diagnosis cause?
A large PE can strain the heart and cause sudden death. Survivors may develop chronic thromboembolic pulmonary hypertension (CTEPH), a lasting rise in lung blood pressure, or post-thrombotic syndrome, with ongoing leg pain and swelling. The CDC adds that about 30% of people who have a clot are at risk of another one. For one firm’s account of a missed clot after brain surgery, see a KDLM roundup of failure-to-diagnose results, including a missed blood clot case. Past results do not predict the outcome of any other case.
What records do you need for a pulmonary embolism claim?
- Triage and vital signs, especially heart rate, breathing rate and oxygen levels at each check.
- Doctor and nursing notes, including any clot-risk assessment score.
- Medication records showing whether clot prevention was ordered, given or held, and why.
- Imaging and lab orders and results with times, including CT scans, leg ultrasounds and D-dimer tests.
- Discharge papers, the death certificate and autopsy report where relevant.
Our guide explains how to get medical records in New York. Ask for the complete chart, not only summaries.
What are the deadlines in New York, New Jersey, Pennsylvania and Connecticut?
These are starting points. Exceptions exist, so confirm your deadline with a licensed lawyer.
New York
- Filing deadline: generally 2 years and 6 months from the malpractice or the end of continuous treatment under CPLR 214-a.
- Discovery rule: limited to foreign objects and missed cancer, so it generally does not extend PE cases.
- Certificate of merit: CPLR 3012-a generally requires the lawyer to certify a physician review.
- Public hospitals: a notice of claim is generally due within 90 days. See our NYC notice of claim guide.
- Wrongful death: generally 2 years from death under EPTL 5-4.1. The Grieving Families Act was vetoed in December 2025, and the 2026 version did not pass before the session ended in June.
New Jersey
- Filing deadline: generally 2 years under N.J.S.A. 2A:14-2.
- Discovery rule: yes, from when the injury and its likely cause were or should have been known.
- Affidavit of merit: under N.J.S.A. 2A:53A-27, generally due within 60 days after the defendant’s answer.
- Wrongful death: generally 2 years from death under N.J.S.A. 2A:31-3.
Pennsylvania
- Filing deadline: generally 2 years under 42 Pa.C.S. § 5524.
- Discovery rule: yes. The MCARE Act’s 7-year outer limit was struck down in Yanakos v. UPMC (2019) and has not been replaced.
- Certificate of merit: under Pa.R.C.P. 1042.3, filed with the complaint or within 60 days.
- Wrongful death: generally 2 years from death.
Connecticut
- Filing deadline: under C.G.S. § 52-584, 2 years from when the injury was or should have been discovered, but no more than 3 years from the act.
- Certificate of good faith: under C.G.S. § 52-190a, with a written opinion from a similar health care provider.
- Wrongful death: under C.G.S. § 52-555, generally 2 years from death and no more than 5 years from the act.
How do you find a lawyer for a pulmonary embolism case?
These cases rely on emergency medicine, hospital medicine, pulmonology, radiology and surgery experts, so look for a firm that handles hospital malpractice regularly. You can compare firms in the Top Lawyers category and on the New York location page, including the Kramer, Dillof, Livingston & Moore profile. No lawyer can promise a result.
Outcome: protect your health and your options
Treatment and recovery come first. Then write a timeline of symptoms, visits, calls and who you spoke to, request the complete records, note the shortest deadline that could apply, and have a qualified lawyer and medical experts review whether faster care would likely have changed the outcome.
FAQs
Can you sue a hospital for missing a pulmonary embolism?
Yes, if a qualified expert finds that staff failed to assess, prevent, diagnose or treat the clot as accepted practice requires and that the delay caused harm. A bad outcome on its own is not enough.
How long do you have to file a pulmonary embolism misdiagnosis lawsuit in New York?
Generally 2 years and 6 months from the malpractice. Wrongful death claims are generally due within 2 years of death, and public hospital cases usually need a notice of claim within 90 days.
Is a blood clot after surgery always malpractice?
No. Clots can form even with proper prevention. Claims usually focus on a missing risk assessment, prevention that was not given, or warning signs that were ignored.
What evidence matters most in a missed pulmonary embolism case?
Vital signs and oxygen levels, clot-risk assessments, medication records for blood thinners, and the times imaging was ordered, done and read are usually central.
Reminder: this article is general information only and is not legal or medical advice.
