Veterans and military families trust Michigan's VA medical centers and military hospitals to provide accurate diagnoses and treatment. Unfortunately, misdiagnosis—including failure to diagnose, delayed diagnosis, and incorrect diagnosis—remains a serious problem that can have devastating consequences for patients and their families.
Misdiagnosis cases at federal facilities require special handling under the Federal Tort Claims Act (FTCA), not state medical malpractice law. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor, providing unique insight into the medical standards of care and legal requirements necessary to prove negligence in federal misdiagnosis cases. With over $145 million recovered for clients and 25+ years of FTCA experience, we understand the intricate medical and legal issues these cases present.
The Federal Tort Claims Act (28 U.S.C. § 2671-2680) gives veterans and military families the right to seek compensation when medical negligence at VA or military facilities harms them. However, these claims must be filed within strict deadlines and follow specific federal procedures that differ significantly from civilian medical malpractice cases.
What Causes Misdiagnosis at Michigan Military & VA Hospitals?
Misdiagnosis claims against federal facilities typically involve one of the following failures:
- Symptoms not worked up: Chest pain, neurological deficits, unexplained weight loss and persistent bleeding require a defined diagnostic pathway; skipping it delays identification of cardiac disease, stroke and cancer.
- Abnormal findings not acted on: Results that return after a visit — imaging, cytology, culture data — are missed when no one owns follow-up and no closed-loop notification exists.
- Anchoring on a prior diagnosis: New or changing symptoms are attributed to an established service-connected condition instead of being evaluated on their own terms.
- Emergency department disposition errors: Patients are discharged before diagnostic uncertainty is resolved, without return precautions or scheduled reassessment.
- Specialty access delays: Waits for oncology, neurology or cardiology evaluation allow a treatable stage to become an untreatable one.
- Communication gaps between systems: Care split across VA, military treatment facilities and community providers leaves each clinician with a partial record.