Missouri VA & Military Misdiagnosis Malpractice Attorneys

Veterans and military families trust Missouri VA medical centers and military hospitals to properly evaluate symptoms and accurately diagnose conditions. Unfortunately, misdiagnosis—including delayed diagnosis, missed diagnosis, and incorrect diagnosis—remains a serious problem that can lead to devastating health consequences and even death.

The Federal Tort Claims Act (FTCA), not state malpractice law, governs misdiagnosis cases at federal facilities, making them especially complex. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor—giving us unique expertise to understand both the medical standards that were violated and the federal legal process required to hold the government accountable.

Under the Federal Tort Claims Act (28 U.S.C. § 2671-2680), you have the right to seek compensation when medical negligence at a VA or military facility causes harm. However, FTCA claims have strict procedural requirements and deadlines that differ significantly from civilian medical malpractice cases.

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

• Misinterpretation of Test Results: Radiologists, pathologists, and other specialists who incorrectly read CT scans, MRIs, biopsies, or lab results can lead to delayed treatment of life-threatening conditions.

• Inadequate Patient History Taking: Rushing through patient evaluations without thoroughly reviewing symptoms, family history, or previous medical records can result in overlooking critical diagnostic clues.

• Communication Failures Between Providers: Patients may miss crucial follow-up care if test results, specialist recommendations, or critical findings don't reach their treating physician.

• Cognitive Bias and Premature Closure: Making a quick diagnosis without considering alternative conditions or failing to reassess when initial treatments prove ineffective violates the medical standard of care.

• System-Level Failures: Understaffing, inadequate protocols, or technology failures that prevent proper coordination of care can contribute to diagnostic errors in hospital settings.

We represent veterans and military families who suffered misdiagnosis at major federal medical facilities throughout Missouri. These facilities handle complex cases where diagnostic accuracy is critical for patient outcomes.

Major Missouri VA & Military Medical Facilities:

• Harry S. Truman Memorial Veterans Hospital (Columbia) - This major VA medical center provides specialized care where misdiagnosis of complex conditions can have serious consequences
• John J. Pershing VA Medical Center (Poplar Bluff) - Serves rural veterans who may have limited access to follow-up care when initial diagnoses are incorrect
• Kansas City VA Medical Center (Kansas City) - Large facility handling high patient volumes where communication failures can contribute to diagnostic errors
• Whiteman Air Force Base Medical Clinic (Knob Noster) - Military treatment facility where misdiagnosis can affect active duty service members and their families

View all Missouri VA & Military Facilities

• Your symptoms were dismissed or attributed to a minor condition without proper testing or evaluation
• Diagnostic tests were ordered but results were never communicated to you or acted upon appropriately
• Multiple visits were required before a serious condition was finally diagnosed, despite consistent symptoms
• A specialist's recommendations for further testing or treatment were ignored by your primary care provider
• Your condition worsened significantly while being treated for the wrong diagnosis
• Standard screening tests appropriate for your age, gender, or risk factors were not performed
• Clear symptoms of a medical emergency (heart attack, stroke, cancer) were attributed to less serious conditions

Economic Damages

In Missouri, FTCA misdiagnosis cases can recover compensation for all financial losses caused by the delayed or incorrect diagnosis:

• Additional medical treatment costs for the progression of the misdiagnosed condition
• Emergency medical expenses when delayed diagnosis leads to medical crises
• Lost wages and reduced earning capacity due to worsened health outcomes
• Long-term care costs including home health services, physical therapy, and specialized treatment
• Prescription medication expenses for treating the advanced condition
• Medical equipment and assistive devices needed due to disability from delayed treatment

Non-Economic Damages

• Pain and suffering from the progression of the untreated condition
• Emotional distress from learning that earlier diagnosis could have prevented complications
• Loss of enjoyment of life due to disability or reduced quality of life
• Mental anguish related to unnecessary medical procedures or treatments
• Impact on family relationships and inability to participate in normal activities

Under Missouri law, damage caps apply to medical malpractice claims and FTCA cases filed in Missouri federal courts. Missouri Revised Statutes § 538.210 caps non-economic damages at $400,000 for most medical malpractice claims. However, this cap increases to $700,000 in cases involving catastrophic injuries resulting in permanent physical deformity birth injury claims, permanent disability, or death. Since FTCA claims apply the law of the state where the negligence occurred, these Missouri damage limitations will affect the total compensation available in your case.

Statute of Limitations The Federal Tort Claims Act requires all claims to be filed within two years of the date the injury was discovered (28 U.S.C. § 2401). Missouri's discovery rule may apply, meaning the two-year period begins when you knew or reasonably should have known that your injury was caused by medical negligence. However, this federal deadline is strictly enforced regardless of state law variations.

Expert Witness Requirements Under Missouri Revised Statutes § 538.225, medical malpractice claims require expert witness testimony to establish the standard of care and how it was breached. For misdiagnosis cases, this typically requires a physician in the same specialty as the defendant to testify about proper diagnostic procedures and how the failure to diagnose constituted negligence.

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

FTCA claims must be filed within two years of when you discovered the injury and its connection to medical negligence (28 U.S.C. § 2401). This federal deadline applies regardless of Missouri state law and cannot be extended, making prompt action essential.

You can recover both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). However, Missouri's damage caps under Mo. Rev. Stat. § 538.210 limit non-economic damages to $400,000 in most cases, or $700,000 for catastrophic injuries.

Since FTCA cases apply state law where the negligence occurred, Missouri's medical malpractice damage caps will limit your non-economic damages. The cap is $400,000 for most cases but increases to $700,000 if the misdiagnosis resulted in permanent disability, disfigurement, or death.

No, under the FTCA you can only sue the United States government, not individual doctors or staff members. Military physicians and VA doctors are considered federal employees acting within the scope of their employment, making the government liable for their negligence.

Yes, Missouri law requires expert witness testimony in medical malpractice cases (Mo. Rev. Stat. § 538.225). You'll need a qualified physician to explain the proper standard of care for diagnosis and how the defendant's actions fell below that standard.

FTCA cases typically take 18-36 months from filing the administrative claim to resolution. You must first file an administrative claim with the VA or military, wait for a response (or 6 months), then file a federal lawsuit if the claim is denied.

Recent changes to the National Defense Authorization Act now allow certain active duty service members to file FTCA claims for medical malpractice at military treatment facilities. The same legal requirements and procedures apply as for VA cases.

Yes, surviving family members can file wrongful death claims under the FTCA when misdiagnosis leads to a veteran's death. Missouri's wrongful death statutes will determine which family members can recover damages and what compensation is available.

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

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

Missouri VA Malpractice Information

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

Other Missouri Case Types We Handle

• Missouri Surgical Errors Cases
• Missouri Emergency Room Errors Cases
• Missouri 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 Missouri 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. 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 lawsuit in federal court.

When pursuing a misdiagnosis claim against the VA, having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate how the misdiagnosis impacted your health. Their dual expertise helps build a compelling case by connecting the dots between medical evidence and legal requirements.

Through an FTCA claim, you may be entitled to recover various damages resulting from the misdiagnosis. These can include past and future medical expenses, lost wages and reduced earning capacity, and compensation for pain and suffering. For military families, this can also encompass the cost of traveling to receive corrective treatment, in-home care expenses, and the impact on your quality of life. Unlike active duty service members, veterans and their families are not barred by the Feres doctrine from pursuing these claims.

Given the complexity of FTCA claims and the specialized knowledge required, it's essential to get your case evaluated by experienced professionals. Many law firms specializing in VA medical malpractice offer free, confidential case evaluations to help you understand your rights and options. During this evaluation, they can assess the strength of your case, explain the claims process in detail, and help you understand what documentation you'll need to support your claim.

Don't wait to seek legal guidance - the sooner you act, the better positioned you'll be to protect your rights and pursue the compensation you deserve. Contact a qualified medical-legal professional today for a free evaluation of your VA misdiagnosis case. They can help ensure you meet all deadlines and requirements while building the strongest possible case on your behalf.

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

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