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?
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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.
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Get all your medical records. To properly evaluate your case, a thorough review of your medical records is required.
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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?
The most common diagnostic errors include failure to diagnose cancer, heart disease, infections, and stroke. These conditions require timely diagnosis and treatment, and delays can have serious consequences.
How common are diagnostic errors in healthcare?
Diagnostic errors affect approximately 12 million Americans annually in outpatient settings alone. In military and VA healthcare, the rate may be similar or higher due to system complexities and high patient volumes.
What causes diagnostic errors?
Diagnostic errors can result from multiple factors including cognitive biases (confirmation bias, anchoring), system failures (inadequate testing, poor communication), time pressures, and incomplete patient histories.
What are some common cognitive biases that contribute to diagnostic errors?
Common cognitive biases include:
- Confirmation bias: Seeking information that confirms initial impressions
- Anchoring bias: Over-relying on initial information
- Availability bias: Being influenced by recent or memorable cases
- Premature closure: Accepting a diagnosis before verification
Is there a time limit for filing a claim for misdiagnosis or failure to diagnose against the VA?
Yes. You must file an administrative claim with the VA within 2 years of when you discovered (or should have discovered) the injury. Missing this deadline will permanently bar your claim. Contact us immediately to protect your rights.
