Misdiagnosis and Failure to Diagnose Cases

No Fee if No Recovery

Losing your health, and even your life, to an undiagnosed or misdiagnosed disease (like cancer) can be devastating to you and your family, especially when you could have prevented it. According to a study published in the journal Diagnosis, diagnostic errors are the most common, most catastrophic, and most costly of medical mistakes The FTCA lawyers at Archuleta Law Firm focus much of our practice on military & veteran’s misdiagnosis and failure to diagnose cases. Cases like these typically include:

Failure to Diagnose Cancer
Failure to provide Treatment
Faulty Tests or Medical equipment
Failure to Inform the Patient of a Condition

Research has shown that diagnostic errors can have severe consequences. A study published in the BMJ Quality & Safety periodical estimated that approximately 795,000 patients a year die or are permanently disabled due to misdiagnosis. Furthermore, a study published in JAMA Internal Medicine found that nearly 1 in 4 hospital patients who died or were transferred to intensive care had experienced a diagnostic error.

What Causes Diagnostic Errors?

Diagnostic errors can occur due to various factors, including cognitive biases, system-based failures, and communication breakdowns. A study published in the journal Diagnosis found that failures of clinical judgment were identified as causes in more than 85% of misdiagnosed cases. Furthermore, a study published in the Journal of Patient Safety found that cognitive biases, such as confirmation bias and anchoring bias, can contribute to diagnostic errors

What should you do if you are the victim of misdiagnosis or failure to diagnose?

Contact a lawyer right away to discuss your options. Time is of the essence when bringing a claim against the Department of Veterans Affairs. There is a 2-year Statute of Limitations. Failure to file a claim within the 2-year Statute of Limitations will bar your claim forever.
Get all your medical records. To properly evaluate your case, a thorough review of your medical records is required.
Be proactive.

Contact us right away to discuss whether you have a claim for misdiagnosis or failure to diagnose. Your time to file a claim is limited by the statutes of limitations.

Frequently Asked Questions: Misdiagnosis & Failure to Diagnose

What are the most common types of diagnostic errors in military and veteran healthcare?

Common diagnostic errors include:

Failure to diagnose cancer
Failure to provide treatment
Errors due to faulty tests or medical equipment
Failure to inform the patient of a condition

How common are diagnostic errors in healthcare?

Diagnostic errors are alarmingly common. According to a study published in the journal Diagnosis, they are the most common, most catastrophic, and most costly of medical mistakes.

What causes diagnostic errors?

Diagnostic errors can occur due to various factors, including:

Cognitive biases of healthcare providers
System-based failures in healthcare facilities
Communication breakdowns between providers or between providers and patients
Failures of clinical judgment (identified in more than 85% of misdiagnosed cases)

What are some common cognitive biases that contribute to diagnostic errors?

Common cognitive biases include:

Confirmation bias (favoring information that confirms existing beliefs)
Anchoring bias (relying too heavily on the first piece of information received)

Is there a time limit for filing a claim for misdiagnosis or failure to diagnose against the VA?

Yes, there is a 2-year Statute of Limitations for filing a claim against the Department of Veterans Affairs. Failing to file within this timeframe can permanently bar your claim.

Our Cases Against the Army, Navy, Air Force and the Department of Veterans Affairs

Settlement/Judgement Awarded

Received By Clients

Attorney Fees

Branch

$32,676,410

$18,967,710

$6,374,611

Army

$18,708,734

$8,704,761

$3,000,000

Army

$10,000,000

$6,525,317

$2,500,000

Army

$10,000,000

$7,384,854

$2,500,000

Army

$5,800,000

$4,106,711

$1,450,000

Army

$2,500,000

$1,808,041

$625,000

Army

Why Choose Archuleta Law Firm?

If you or a loved one has been injured due to medical negligence at a VA medical facility or hospital, the military and VA medical malpractice lawyers at Archuleta Law Firm can help. Veterans and military families are often left with physical pain or loss and financial and emotional burdens that take months or years to resolve. The Archuleta Law Firm is here to make sure you won’t need to deal with this challenging time alone.

Our VA medical malpractice attorneys have helped thousands of clients get their lives back on track after an injury or loss. We have the resources and experience required to help you pursue the justice and compensation you deserve. Our fees are straightforward.

There is no fee if no recovery.

Archuleta Law Firm Achieved Three of the Largest Judgments and Settlements in the 70+ year history of the FTCA

The Archuleta Law Firm has a long history of helping Veterans and their families who have suffered from military medical malpractice and negligence. We have a Doctor-Attorney and Nurse on staff to review your case for free. We have successfully handled thousands of VA cases under the Federal Tort Claims Act (FTCA) throughout the United States and abroad.

If you or someone you know was injured at a Veterans Hospital or Clinic you may be entitled to a recovery.