Florida VA & Military Misdiagnosis Malpractice Attorneys

When veterans and military families seek medical care at Florida's VA medical centers and military hospitals, they trust these facilities to accurately diagnose their conditions. Unfortunately, misdiagnosis—including delayed diagnosis, missed diagnosis, and incorrect diagnosis—occurs far too frequently at federal medical facilities, often with devastating consequences for patients and their families.

A Journal of Patient Safety study found that diagnostic errors affect 12 million U.S. adults annually, with many errors occurring in hospitals. At the Archuleta Law Firm, our founding attorney brings a unique combination of medical and legal expertise as both a licensed physician (MD) and attorney (JD), allowing us to thoroughly understand the medical standards of care that were violated in your case.

If you or a loved one suffered harm due to misdiagnosis at a Florida VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). This federal law allows you to seek compensation from the U.S. government for medical negligence, but it requires navigating complex procedural requirements and strict deadlines.

• Failure to Order Appropriate Diagnostic Tests: When physicians fail to order necessary imaging studies, blood work, or specialized tests that would reveal the correct diagnosis, patients may go untreated for serious conditions like cancer or heart disease.

• Misinterpretation of Test Results: Radiologists, pathologists, and other specialists who incorrectly read CT scans, MRIs, biopsies, or laboratory results can lead to missed diagnoses of critical conditions, violating the standard of care expected of reasonably prudent medical professionals.

• Inadequate Patient History Taking: Rushing through patient interviews or failing to ask relevant questions about symptoms, family history, or previous medical conditions can result in overlooking key diagnostic clues that would lead to the correct diagnosis.

• Communication Failures Between Providers: When test results are not properly communicated between departments or shifts, or when critical findings are buried in electronic health records, patients may suffer from delayed diagnosis and treatment.

• Cognitive Bias and Premature Closure: Physicians who make snap judgments without considering alternative diagnoses may miss the actual underlying disease.

• Inadequate Follow-Up on Abnormal Findings: Failing to ensure patients receive proper follow-up care after abnormal test results or symptoms that don't resolve represents a breach of the standard of care that can lead to progression of undiagnosed conditions.

Our firm represents patients misdiagnosed at major VA medical centers and military treatment facilities in Florida. These large, complex medical facilities handle thousands of patients annually. High patient volumes and poor interdepartmental communication often lead to diagnostic errors.

Major facilities where we handle cases include:

• James A. Haley Veterans' Hospital (Tampa) - This major VA medical center serves thousands of veterans annually, and the high patient volume can sometimes lead to rushed diagnoses or overlooked symptoms.

• Malcom Randall VA Medical Center (Gainesville) - As a teaching hospital affiliated with the University of Florida, diagnostic errors can occur when less experienced residents or fellows are involved in patient care without adequate supervision.

• Naval Hospital Jacksonville - This large military treatment facility serves active duty personnel and their families, where emergency department overcrowding can contribute to missed or delayed diagnoses.

• MacDill Air Force Base Hospital (Tampa) - Military treatment facilities often face unique challenges with frequent staff rotations that can disrupt continuity of care and lead to diagnostic oversights.

View all Florida VA & Military Facilities

Not every diagnostic error constitutes medical malpractice, but certain warning signs may indicate that your healthcare providers failed to meet the accepted standard of care. Understanding these red flags can help you determine whether you may have grounds for a legal claim. If multiple warning signs apply to your situation, it may be worth consulting with an experienced medical malpractice attorney.

• Your symptoms were classic or textbook presentations of a condition, but providers diagnosed something else entirely or dismissed your concerns

• Obvious diagnostic tests (such as imaging for chest pain or biopsy for suspicious lumps) were not ordered despite clear medical indications

• Test results showing abnormal findings were not followed up on or were misinterpreted by radiologists or pathologists

• Multiple specialists disagreed significantly with the original diagnosis, suggesting the initial assessment was clearly wrong

• Your condition was common and easily diagnosable, but providers failed to recognize obvious signs and symptoms

• Critical symptoms were documented in your medical records but ignored or attributed to unrelated conditions

• The misdiagnosis led to delayed treatment that caused your condition to progress to a more advanced, dangerous, or irreversible stage

Economic Damages Florida birth injury claims

Misdiagnosis cases often result in substantial financial losses that can be recovered through FTCA claims. Economic damages cover extra treatments needed due to delayed diagnosis, such as avoidable chemotherapy, radiation, or surgery. Lost wages and diminished earning capacity frequently result when patients must take extended time off work or become permanently disabled due to their worsened condition. Ongoing expenses include future medical care costs, such as lifetime monitoring, rehabilitation, or specialized equipment. Misdiagnosis can increase disability or limit function, potentially requiring home healthcare, nursing care, or home modifications.

Non-Economic Damages

The emotional and psychological impact of misdiagnosis can be profound and long-lasting. Damages for pain and suffering cover physical discomfort and emotional distress from the delayed or incorrect diagnosis and resulting issues. Loss of enjoyment of life addresses how the misdiagnosis has affected your ability to participate in activities, hobbies, or relationships that previously brought you happiness. Mental anguish and emotional distress encompass the psychological trauma of learning that your condition could have been caught earlier with proper medical care. Impact on family relationships recognizes how serious medical conditions affect spouses, children, and other family members who must provide care and support.

Florida-Specific Considerations

Under Florida's medical malpractice laws, non-economic damages are subject to statutory caps that also apply to FTCA claims filed in Florida. Florida Statutes § 766.118 limits non-economic damages in medical malpractice cases, though the specific amounts vary based on the type of healthcare provider and whether the case involves death.

Additionally, Florida's Wrongful Death Act (Florida Statutes §§ 768.16–768.26) restricts recovery for certain survivors in cases where misdiagnosis leads to death, and these restrictions apply even to federal FTCA claims. The interaction between federal FTCA procedures and Florida's damage limitations creates a complex legal framework that requires experienced legal representation to navigate effectively.

Statute of Limitations

The Federal Tort Claims Act requires that administrative claims be filed within two years of the date the claim accrues under 28 U.S.C. § 2401(b). However, Florida's discovery rule may affect when this limitation period begins to run. Under Florida law, as established in Tanner v. Hartog, 618 So. 2d 177 (Fla. 1993), the limitations period begins when the claimant has knowledge of both the injury and a reasonable possibility that it was caused by medical malpractice. This is particularly important in misdiagnosis cases where patients may not immediately realize that their worsened condition resulted from a failure to diagnose.

Expert Witness Requirements

Florida Statutes § 766.102 establishes that medical malpractice claims must demonstrate that the injury was not within the necessary or reasonably foreseeable results of medical intervention if that intervention was carried out in accordance with the prevailing professional standard of care. This requires expert medical testimony to establish what a reasonably prudent healthcare provider in the same specialty would have diagnosed under similar circumstances.

In misdiagnosis cases, expert witnesses must typically address both the diagnostic process that should have been followed and how the failure to reach the correct diagnosis fell below accepted medical standards.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), you have two years from the date your claim accrues to file an administrative claim with the appropriate federal agency. Florida's discovery rule may apply, meaning the clock starts when you knew or reasonably should have known that your injury was caused by medical malpractice, not necessarily when the misdiagnosis occurred.

You may recover both economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, loss of enjoyment of life). However, Florida's statutory caps on non-economic damages in medical malpractice cases apply to FTCA claims filed in Florida, potentially limiting your recovery for pain and suffering.

Florida Statutes § 766.118 imposes caps on non-economic damages in medical malpractice cases, and these limitations apply even to federal FTCA claims arising in Florida. The specific cap amounts depend on various factors including the type of healthcare provider involved and whether the case results in death.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for the negligent acts of military medical personnel. The federal government becomes the defendant in place of the individual healthcare providers under the doctrine of substituted liability.

Yes, Florida law requires expert medical testimony to establish the standard of care and prove that the misdiagnosis fell below accepted medical standards. Under Florida Statutes § 766.102, you must demonstrate that a reasonably prudent healthcare provider would have reached the correct diagnosis under similar circumstances.

FTCA cases typically take 18 months to several years to resolve. The process begins with filing Standard Form 95 with the appropriate federal agency, which has six months to respond. If the administrative claim is denied or ignored, you can then file a federal lawsuit, which may take additional months or years to reach resolution.

Both VA medical centers and military treatment facilities are covered under the FTCA, so the legal process is similar. However, you must file your administrative claim with the correct federal agency—either the Department of Veterans Affairs for VA hospitals or the appropriate military branch for military treatment facilities.

Yes, but Florida's Wrongful Death Act (Florida Statutes §§ 768.16–768.26) governs who can recover damages and what types of compensation are available. These state law restrictions apply even to federal FTCA wrongful death claims, potentially limiting which family members can seek compensation.

First, seek immediate medical attention from another healthcare provider to address your condition. Then, request copies of all medical records from the facility where the misdiagnosis occurred. Document your symptoms, treatments, and any worsening of your condition. Finally, consult with an attorney experienced in FTCA claims to evaluate whether you have grounds for a medical malpractice claim.

Active duty military personnel face unique challenges under the Feres Doctrine, which may limit their ability to file FTCA claims for injuries that occur incident to military service. However, family members of active duty personnel and veterans are generally not subject to these restrictions and may pursue misdiagnosis claims under the FTCA.

When you or a loved one has suffered cancer misdiagnosis, heart attack misdiagnosis, failure to diagnose, and delayed diagnosis at a Florida 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.

• Florida FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving Florida 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 Florida, 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 Florida 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 Florida Misdiagnosis victims. Our Florida 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 Florida 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.

Florida VA Malpractice Information

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

Other Florida Case Types We Handle

• Florida Surgical Errors Cases
• Florida Emergency Room Errors Cases
• Florida 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 Florida dealing with a VA hospital misdiagnosis, you have specific rights under the Federal Tort Claims Act (FTCA). However, these cases have strict deadlines you must follow. You have two years from the date you discovered (or should have discovered) the misdiagnosis to file your FTCA claim. Once you submit your claim, the VA has six months to investigate and respond before you can file a federal lawsuit.

Having an attorney who is also a medical doctor can be invaluable in misdiagnosis cases. These specialized professionals can quickly identify where standard medical protocols were breached and understand both the legal and medical aspects of your case. They can effectively communicate with VA medical experts, interpret complex medical records, and build a stronger case by drawing on their clinical experience. This dual expertise is particularly crucial in Florida, where many VA facilities handle complex medical conditions.

Through an FTCA claim, you may be entitled to recover various damages. These can include past and future medical expenses required to treat conditions that worsened due to misdiagnosis, lost wages if you've been unable to work, and compensation for pain and suffering. For military families, this can also include costs of long-term care and loss of quality of life. Unlike many other types of claims, FTCA cases have no cap on damages in Florida, though they don't allow for punitive damages.

If you believe you or a family member has been harmed by a VA medical misdiagnosis, don't wait to seek help. Many law firms specializing in veteran FTCA claims offer free initial case evaluations to review your medical records and determine if you have a viable claim. This consultation can help you understand your rights and the potential value of your case without any financial obligation. Remember, these cases are complex and time-sensitive, so seeking experienced legal counsel promptly can help protect your rights and ensure you meet all required deadlines for your FTCA claim.

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

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