Veterans injured by a VA or military doctor's failure to diagnose have the right to file a Federal Tort Claims Act (FTCA) claim against the United States government under 28 U.S.C. § 1346(b). You must file a Standard Form 95 (SF-95) administrative claim with the VA's Office of General Counsel within two years of discovering the missed diagnosis — missing this deadline permanently bars recovery. Our VA medical malpractice lawyers evaluate VA misdiagnosis claims at no cost, with no fee unless we win.
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 it could have been prevented. 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 and veteran 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 BMJ Quality & Safety 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 VA Misdiagnosis?
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Contact a VA malpractice lawyer right away. Time is critical. Under 28 U.S.C. § 2401(b), you have a 2-year statute of limitations to file your FTCA administrative claim. Failure to meet this deadline permanently bars your claim forever.
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Get all your medical records. A thorough review of your VA medical records is required to evaluate whether the standard of care was breached.
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Be proactive. Contact us right away to discuss whether you have a claim for misdiagnosis or failure to diagnose. Attorney fees in FTCA cases are capped at 25% under 28 U.S.C. § 2678 — lower than the typical 33–40% contingency fee.
Frequently Asked Questions: VA Misdiagnosis & Failure to Diagnose
Can you sue the VA for a missed diagnosis?
Yes. Under the Federal Tort Claims Act (28 U.S.C. § 1346(b)), veterans can sue the U.S. government for VA physician negligence, including missed or delayed diagnoses. The claim is filed against the United States — not the individual doctor — using Standard Form 95. You must file within two years of discovering the error.
What are the most common types of diagnostic errors at VA hospitals?
The most common diagnostic errors at VA and military hospitals include failure to diagnose cancer (especially lung, prostate, and colorectal), heart disease, stroke, infections, and pulmonary embolism. These conditions require timely diagnosis — delays can cause permanent disability or death.
How common are diagnostic errors in VA healthcare?
Diagnostic errors affect approximately 12 million Americans annually in outpatient settings alone. BMJ Quality & Safety research estimates that 795,000 patients a year die or are permanently disabled due to misdiagnosis in the U.S. — making it the single most common type of serious medical error.
What causes diagnostic errors?
Diagnostic errors result from cognitive biases (confirmation bias, anchoring), system failures (inadequate testing, poor communication), time pressures, and incomplete patient histories — all problems that occur at VA facilities under high patient volume and staffing constraints.
Is there a time limit for filing a VA misdiagnosis claim?
Yes. Under 28 U.S.C. § 2401(b), you must file an SF-95 administrative claim with the VA's Office of General Counsel within 2 years of when you discovered — or should have discovered — the misdiagnosis. Missing this deadline permanently bars your claim. Contact us immediately to protect your rights.
What are 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
Related Reading
- VA Cancer Misdiagnosis: Suing for Delayed Diagnosis — lung, colorectal, prostate, and skin cancers the VA misses, and how to prove the delay caused harm
- FTCA Statute of Limitations — the discovery rule and the 2-year deadline in missed-diagnosis cases
- How to Get Your VA Medical Records — the imaging and lab history that proves a missed diagnosis
