Colorado VA & Military Misdiagnosis Malpractice Attorneys

Veterans and active-duty service members trust Colorado's VA medical centers and military facilities to provide accurate, timely diagnoses. Unfortunately, misdiagnosis—including delayed diagnosis, missed diagnosis, and incorrect diagnosis—occurs far too frequently at federal healthcare facilities, sometimes with life-threatening consequences.

A Johns Hopkins study in BMJ Quality & Safety found that diagnostic errors affect 12 million U.S. adults yearly, most commonly involving cancer, infections, and vascular events. At the Archuleta Law Firm, our founding attorney brings a unique dual perspective as both a licensed attorney and medical doctor (MD/JD), providing unparalleled expertise in understanding both the medical standards of care and the legal complexities of misdiagnosis cases.

If you or a loved one suffered harm due to misdiagnosis at a Colorado VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA) birth injuries at military hospitals. The FTCA allows you to seek compensation from the United States government for medical negligence that occurs at federal healthcare facilities—but strict deadlines and complex procedures make experienced legal representation essential.

• Failure to Order Appropriate Diagnostic Tests: When physicians fail to order necessary imaging studies, laboratory tests, or specialist consultations despite clear clinical indicators, serious conditions like cancer or heart disease may go undetected until treatment becomes less effective.

• Misinterpretation of Test Results: Radiologists, pathologists, and other specialists who incorrectly read CT scans, MRIs, biopsies, or blood work can lead to missed diagnoses of critical conditions, constituting a breach of the standard of care expected in their specialty.

• Inadequate Patient History and Physical Examination: Rushed appointments or inadequate physicals can cause physicians to miss obvious signs and symptoms, especially in busy emergency rooms.

• Poor Communication Between Providers: Poor communication between departments and lost critical findings in electronic records can prevent patients from receiving timely follow-up care.

• Cognitive Biases and Diagnostic Shortcuts: Anchoring bias, where physicians fixate on an initial impression, or premature closure, where doctors stop considering alternatives, can lead to misdiagnoses when the standard of care requires a broader differential diagnosis.

• System-Level Failures: Understaffing, inadequate protocols for follow-up care, or faulty equipment can create environments where diagnostic errors become more likely, representing institutional negligence beyond individual physician error.

Our firm represents misdiagnosis victims at major VA medical centers and military treatment facilities in Colorado. These large medical centers handle thousands of patients yearly, creating environments where diagnostic errors can occur due to system failures, communication breakdowns, or negligence.

Major Colorado Federal Healthcare Facilities:

• Rocky Mountain Regional VA Medical Center (Aurora) - As Colorado's primary VA medical center, this facility handles complex cases; misdiagnosis of cancer, cardiac conditions, and neurological disorders can have devastating consequences.
• VA Eastern Colorado Health Care System - Serving veterans across the Front Range, diagnostic errors at this multi-site system often involve failures in coordination between different locations and specialties.
• Cheyenne Mountain Air Force Station Medical Facility - Military personnel and families at this facility may experience misdiagnosis in emergency situations or during routine screenings.
• Fort Carson Evans Army Community Hospital - This major Army medical center handles everything from routine care to complex diagnoses, where delays or errors can significantly impact active-duty personnel and their families.

View all Colorado VA & Military Facilities

• Your symptoms clearly pointed to a specific condition, but doctors diagnosed something completely different without adequate testing or examination
• Test results showing abnormal findings were never communicated to you or were misinterpreted by medical staff
• Multiple specialists disagreed about your diagnosis, but no one ordered additional tests to resolve the uncertainty
• You were told your symptoms were "nothing to worry about" or "just stress" without proper diagnostic workup
• Emergency room physicians discharged you with a minor diagnosis despite symptoms consistent with serious conditions like heart attack or stroke
• Your condition worsened significantly after being told you were fine, and later testing revealed a serious illness that should have been caught earlier
• Pathology results (like biopsy findings) were delayed, lost, or incorrectly reported, leading to delayed cancer treatment

Economic Damages

Colorado misdiagnosis victims can recover specific economic losses resulting from the diagnostic error:

• Additional medical treatment costs for conditions that worsened due to delayed diagnosis, often ranging from thousands to hundreds of thousands of dollars
• Lost wages and diminished earning capacity when misdiagnosis leads to prolonged illness or permanent disability affecting your ability to work
• Future medical expenses for ongoing treatment, rehabilitation, or palliative care that became necessary due to the delayed or missed diagnosis
• Travel and accommodation costs for specialized treatment that became necessary after the misdiagnosis was discovered
• Home modification expenses when misdiagnosis leads to permanent disability requiring accessibility improvements
• Caregiver costs for professional or family care needed due to worsened medical conditions

Non-Economic Damages

• Pain and suffering from the physical discomfort and emotional distress of experiencing worsened medical conditions
• Loss of enjoyment of life when misdiagnosis leads to permanent limitations on activities you previously enjoyed
• Emotional distress and mental anguish from learning that your condition could have been treated more effectively with timely diagnosis
• Impact on family relationships and loss of consortium when misdiagnosis affects your ability to maintain normal family life

Colorado-Specific Considerations

Under Colorado law, damage caps may apply to certain types of cases. Colorado Revised Statutes § 13-64-302 establishes caps on non-economic damages in medical malpractice cases, but these state law limitations interact complexly with FTCA claims filed against the federal government. The FTCA requires that federal courts apply the law of the state where the negligence occurred—meaning Colorado's damage rules may influence your federal case. Additionally, Colorado's modified comparative negligence rule under C.R.S. § 13-21-111 may affect recovery if the patient's actions contributed to the diagnostic delay.

Statute of Limitations

The Federal Tort Claims Act imposes a strict two-year deadline for filing administrative claims under 28 U.S.C. § 2675(a). However, Colorado's discovery rule under C.R.S. § 13-80-108 may influence when this deadline begins to run, particularly in cases where the misdiagnosis wasn't immediately apparent. The clock typically starts when you knew or reasonably should have known that malpractice occurred.

Expert Witness Requirements

Colorado requires expert medical testimony in malpractice cases under C.R.S. § 13-64-401. For misdiagnosis cases, you'll need a qualified physician in the same specialty to testify that the defendant's diagnostic approach fell below the accepted standard of care. This expert must be familiar with the diagnostic protocols and standards that should have been followed in your specific case.

For complete step-by-step filing instructions, see our guide: How to File a VA Medical Malpractice Claim in Colorado

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you have two years from the date of discovery to file an administrative claim against the VA or military facility. Colorado's discovery rule may apply, meaning the deadline starts when you knew or should have known about the misdiagnosis and resulting harm.

Colorado misdiagnosis victims can recover both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). However, Colorado's damage caps under C.R.S. § 13-64-302 may limit non-economic damages depending on the specific circumstances of your case.

Colorado's medical malpractice damage caps may influence FTCA cases since federal courts apply state law under the FTCA. The current cap on non-economic damages is adjusted annually for inflation, but exceptions exist for cases involving permanent physical impairment or disfigurement.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligence that occurred at military treatment facilities. The government assumes liability for the actions of its employees acting within the scope of their duties.

Yes, Colorado law under C.R.S. § 13-64-401 requires expert medical testimony to establish the standard of care and prove that misdiagnosis constituted malpractice. The expert must be qualified in the same medical specialty as the physician who made the diagnostic error.

FTCA cases typically take 18-36 months to resolve, beginning with a six-month administrative review period. Complex misdiagnosis cases may take longer, especially if they involve multiple specialists or require extensive medical expert testimony to prove the standard of care was breached.

When misdiagnosis involves multiple VA facilities or providers, the case becomes more complex but is still covered under the FTCA. You'll need to identify all facilities and providers involved in the diagnostic process and demonstrate how the system-wide failures contributed to the misdiagnosis.

Yes, filing an FTCA claim will not affect your ongoing medical care at VA or military facilities. Federal law prohibits retaliation against patients who file malpractice claims, and you have the right to continue receiving care while pursuing legal remedies for past negligence.

When you or a loved one has suffered cancer misdiagnosis, heart attack misdiagnosis, failure to diagnose, and delayed diagnosis at a Colorado VA or military facility, you need attorneys who understand both medicine and law. The Archuleta Law Firm offers a unique combination of expertise:

• Doctor-Attorney on Staff: Our founding attorney holds both an MD and JD, providing unmatched insight into Misdiagnosis cases and the medical standards of care that were violated.

• Proven Results: Over $145 million recovered for military and VA medical malpractice victims nationwide, including complex Misdiagnosis cases.

• Colorado FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Colorado VA medical centers and military treatment facilities.

• No Fee Unless We Win: You pay nothing unless we recover compensation for you. We advance all case costs and expenses.

• Nationwide Practice: Licensed to handle FTCA cases in all 50 states, including Colorado, with dedicated knowledge of federal medical malpractice law.

• Compassionate Approach: We understand the physical, emotional, and financial toll that Misdiagnosis takes on families. Our team is here to support you through every step of the legal process.

If you or a loved one suffered cancer misdiagnosis, heart attack misdiagnosis, failure to diagnose, and delayed diagnosis at a Colorado VA medical center or military hospital, you may be entitled to significant compensation under the Federal Tort Claims Act.

The Archuleta Law Firm offers free, confidential case evaluations for Colorado Misdiagnosis victims. Our Colorado Misdiagnosis attorneys will:

• Review your medical records and case details at no cost
• Explain your legal rights under the FTCA
• Assess the strength of your potential claim
• Answer your questions about the Colorado legal process
• Discuss the compensation you may be entitled to recover

Don't wait - the FTCA has strict deadlines for filing claims. Contact us today to protect your rights.

Call 1-800-798-9529 for a free consultation, or Request Your Free Case Evaluation Online.

Colorado VA Malpractice Information

• Military & VA Medical Malpractice in Colorado - Complete guide to filing claims in Colorado, including facility listings and legal requirements

Other Colorado Case Types We Handle

• Colorado Surgical Errors Cases
• Colorado Emergency Room Errors Cases
• Colorado Brain Injury Cases

Misdiagnosis Resources

• Misdiagnosis Lawyers (Nationwide) - General Misdiagnosis information
• FTCA Claims Process - Understanding the Federal Tort Claims Act
• Standard Form 95 Guide - How to complete the required claim form

Contact Us

• Phone: 1-800-798-9529
• Free Case Evaluation

As a veteran or military family member in Colorado dealing with a misdiagnosis at a VA facility, you have specific rights under the Federal Tort Claims Act (FTCA). It's crucial to understand that these cases have strict deadlines - you must file your administrative claim within two years from when you knew or should have known about the misdiagnosis and resulting harm. Once you file your Form SF-95 with the VA, the agency has six months to respond to your claim before you can file a federal lawsuit.

Medical misdiagnosis cases are particularly complex because they require proving that the VA healthcare provider failed to meet the accepted standard of care, and that this failure directly caused your injuries. Having an attorney who is also a medical doctor can be invaluable in these cases. They can quickly identify where the standard of care was breached, understand complex medical records, and effectively communicate with medical experts who may need to testify. This medical-legal expertise is especially important in Colorado, where the burden of proof in medical negligence cases is particularly stringent.

Through an FTCA claim, you may be able to recover various types of damages. These can include past and future medical expenses related to treating the condition that was misdiagnosed, lost wages and reduced earning capacity if the misdiagnosis affected your ability to work, and compensation for pain and suffering. For military families, this can also include the cost of ongoing care and support services needed due to the medical error.

If you believe you've been the victim of a misdiagnosis at a VA facility in Colorado, it's important to have your case evaluated as soon as possible. Most experienced FTCA attorneys offer free initial consultations to review your medical records and determine if you have a viable claim. During this evaluation, they can help you understand the strength of your case, potential compensation, and important next steps. Don't let concerns about legal fees prevent you from seeking help - most attorneys handling VA medical malpractice cases work on a contingency fee basis, meaning you only pay if they win your case.

We handle various types of VA and military medical malpractice cases in Colorado:

• Colorado Surgical Errors Cases
• Colorado Emergency Room Errors Cases
• Colorado Brain Injury Cases
• Colorado Spinal Cord Injury Cases
• Colorado Medication Errors Cases
• Colorado Wrongful Death Cases