Texas VA & Military Misdiagnosis Malpractice Attorneys

When veterans and military families seek medical care at Texas VA medical centers and military hospitals, they trust these facilities to provide accurate, timely diagnoses. Unfortunately, misdiagnosis—whether it's a failure to diagnose cancer, delayed diagnosis of heart disease, or misidentifying critical symptoms—can have devastating consequences for patients and their families.

The VA Office of Inspector General reports that diagnostic errors make up a significant percentage of preventable medical errors in VA healthcare. At the Archuleta Law Firm, our founding attorney brings unique qualifications to misdiagnosis cases as both a licensed attorney and medical doctor. This dual expertise allows us to understand not only the legal complexities of Federal Tort Claims Act (FTCA) cases but also the medical standards of care that should have been met.

If you or a loved one suffered harm due to misdiagnosis at a Texas VA or military facility birth injuries at military hospitals, you have legal rights under the Federal Tort Claims Act (28 U.S.C. § 2671-2680). Understanding these rights—and the specific deadlines for filing FTCA claims—is crucial to securing the compensation you deserve for medical negligence by federal healthcare providers.

• Failure to Order Appropriate Diagnostic Tests: When physicians fail to order necessary imaging, blood work, or specialized tests based on presenting symptoms, critical conditions like cancer or cardiac events can be missed entirely.

• Inadequate Medical History Review: Rushing through patient consultations without thoroughly reviewing medical history, family history, and current medications can lead to overlooking important diagnostic clues and risk factors.

• Misinterpretation of Test Results: Even when appropriate tests are ordered, radiologists, pathologists, or attending physicians may incorrectly interpret results, leading to delayed treatment or inappropriate care plans.

• Communication Failures Between Providers: When test results, consultation notes, or critical findings aren't properly communicated between specialists, primary care physicians, and nursing staff, important diagnostic information can be lost.

• Inadequate Follow-Up Protocols: Failing to schedule appropriate follow-up appointments, monitor treatment response, or reassess symptoms when initial treatments aren't effective can allow misdiagnosed conditions to progress unchecked.

• Cognitive Biases and Anchoring: Physicians who fixate on initial diagnoses may ignore new symptoms or evidence that suggests a different condition.

We represent misdiagnosis victims from major VA medical centers and military facilities across Texas. High patient volumes and communication challenges in these large healthcare systems increase the risk of diagnostic errors.

• Michael E. DeBakey VA Medical Center (Houston): As one of the largest VA medical centers in the nation, this facility's high patient volume and complex cases can contribute to diagnostic oversights and communication failures between departments.

• South Texas Veterans Health Care System (San Antonio): Serving a large veteran population across South Texas, this facility handles diverse medical conditions where misdiagnosis can occur across multiple specialty departments.

• Brooke Army Medical Center (San Antonio): This major military treatment facility provides complex medical care where diagnostic errors in emergency departments and specialty clinics can have serious consequences.

• VA North Texas Health Care System (Dallas): With multiple locations serving the Dallas-Fort Worth area, coordination of care and diagnostic consistency across facilities can present challenges leading to misdiagnosis.

View all Texas VA & Military Facilities

• Your symptoms clearly indicated a specific condition, but doctors dismissed your concerns or attributed them to stress, anxiety, or minor issues without proper investigation
• Multiple specialists disagreed with the initial diagnosis, but no one ordered additional tests or sought second opinions to resolve the discrepancy
• Test results showed abnormal findings that were not followed up with appropriate additional testing or specialist referrals
• Your condition worsened significantly while following the prescribed treatment plan, but medical staff didn't reassess the original diagnosis
• Critical symptoms were documented in your medical records but weren't addressed or investigated by your healthcare team
• Standard diagnostic protocols for your symptoms weren't followed, such as failing to order routine screenings for patients in high-risk categories
• Your diagnosis changed dramatically after seeking care outside the VA or military system, revealing that proper diagnostic procedures weren't initially performed

Economic Damages

Victims of misdiagnosis in Texas can recover economic losses from delayed or incorrect diagnoses. These damages include additional medical treatment costs for advanced disease stages that could have been prevented with timely diagnosis, such as extensive chemotherapy or surgical procedures. Lost wages and diminished earning capacity are recoverable when misdiagnosis leads to prolonged illness or permanent disability. You can also recover rehabilitation costs, including expenses for physical therapy, occupational therapy, and specialized medical equipment. If delayed treatment worsens your condition, future medical expenses for ongoing treatment, prescription medications, and long-term care can be substantial in misdiagnosis cases.

Non-Economic Damages

Misdiagnosis cases often involve significant pain and suffering as patients endure worsened medical conditions due to delayed treatment. Loss of enjoyment of life damages apply when misdiagnosis leads to permanent disabilities or limitations that prevent patients from participating in activities they previously enjoyed. Emotional distress damages recognize the psychological impact of learning that a condition could have been caught earlier with proper diagnosis. Mental anguish from facing advanced disease stages or poor prognoses that could have been avoided with timely medical care is also compensable.

Texas-Specific Considerations

Under Texas Civil Practice and Remedies Code Chapter 74, medical malpractice cases are subject to damage caps for non-economic damages. However, FTCA claims are filed in federal court and may not be subject to all Texas state damage limitations. Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001, but this typically doesn't apply to misdiagnosis cases where the fault lies entirely with healthcare providers. Federal FTCA claims allow recovery of damages according to the law of the state where the negligence occurred, meaning Texas law influences damage calculations even in federal court proceedings.

### Statute of Limitations Under the Federal Tort Claims Act (28 U.S.C. § 2675), patients have two years from the date they discovered or reasonably should have discovered their injury to file an administrative claim with the appropriate federal agency. Texas follows a discovery rule for medical malpractice under Texas Civil Practice and Remedies Code § 74.251, which may influence how federal courts interpret the discovery date in FTCA cases involving misdiagnosis where the harm wasn't immediately apparent.

Expert Witness Requirements Texas requires medical expert witnesses to be qualified under Texas Civil Practice and Remedies Code § 74.401, and this standard often applies to FTCA cases in Texas federal courts. For misdiagnosis cases, expert witnesses must be practicing physicians in the same or related specialty and must be familiar with the standard of care that should have been provided. The expert must demonstrate that the defendant's actions fell below the accepted standard of care and directly caused the patient's injuries.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you have two years from the date you discovered or reasonably should have discovered your misdiagnosis injury to file an administrative claim. This deadline is strictly enforced, and missing it can permanently bar your claim.

You can recover both economic damages like additional medical costs and lost wages, plus non-economic damages for pain and suffering. Texas Civil Practice and Remedies Code Chapter 74 sets damage caps for some medical malpractice cases, but federal FTCA claims may not be subject to all state limitations.

FTCA claims are filed in federal court but apply state law for damages. While Texas has damage caps under Texas Civil Practice and Remedies Code § 74.301, federal courts may interpret these differently than state courts, potentially allowing fuller recovery in some cases.

No, under the FTCA, you cannot sue individual military doctors or VA physicians personally. The United States government becomes the defendant and assumes responsibility for defending federal employees acting within their scope of employment.

Yes, Texas Civil Practice and Remedies Code § 74.401 requires qualified medical expert witnesses for malpractice cases. Your expert must be familiar with the standard of care and be able to testify that misdiagnosis fell below accepted medical standards.

FTCA cases typically take 12-24 months for the administrative phase, then additional time if federal court litigation becomes necessary. Complex misdiagnosis cases involving multiple specialists or delayed discovery of injuries may take longer to fully develop and resolve.

The two-year FTCA statute of limitations runs from when you discovered or should have discovered the misdiagnosis caused your injury, not necessarily when the misdiagnosis occurred. However, you'll need to demonstrate why the injury wasn't discoverable earlier.

Yes, filing an FTCA claim doesn't prevent you from continuing to receive VA healthcare benefits. Your ongoing medical care and your legal claim are separate matters, and the VA cannot retaliate against you for pursuing legitimate legal rights.

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

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

Texas VA Malpractice Information

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

Other Texas Case Types We Handle

• Texas Surgical Errors Cases
• Texas Emergency Room Errors Cases
• Texas 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

If you're a veteran or military family member who has experienced medical misdiagnosis at a VA facility in Texas, understanding your rights under the Federal Tort Claims Act (FTCA) is crucial. The FTCA allows you to seek compensation when negligent medical care at a VA facility has caused harm, but you must act within strict timeframes to protect your rights.

You have two years from the date you discovered (or reasonably should have discovered) the misdiagnosis to file an administrative claim using Standard Form 95. This is a critical deadline - missing it can permanently bar your claim. Once you file your claim, the VA has six months to investigate and respond. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

Having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals can quickly identify where the standard of care was breached and understand the complex medical evidence needed to prove your claim. They can effectively communicate with treating physicians, analyze medical records, and explain complicated medical concepts to judges and juries in ways that clearly demonstrate how the misdiagnosis affected your health and well-being.

Through an FTCA claim, you may be entitled to recover various damages, including all related medical expenses (both past and future), lost wages and reduced earning capacity, and compensation for pain and suffering. For military families, this can include the cost of traveling to receive corrective treatment, in-home care expenses, and the impact on your quality of life. Texas has no cap on compensatory damages in FTCA cases, though punitive damages are not allowed.

Don't let uncertainty about the process prevent you from seeking justice. Most experienced FTCA attorneys offer free case evaluations to help you understand your options. During this consultation, they can review your medical records, explain the strength of your case, and outline the next steps in the process. Time is critical in these cases, so it's important to reach out as soon as possible to ensure your rights are protected and you receive the compensation you deserve for substandard medical care.

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

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