Nevada VA & Military Misdiagnosis Malpractice Attorneys

Veterans and military families trust Nevada's VA medical centers and military hospitals to accurately diagnose conditions and provide timely treatment. Unfortunately, misdiagnosis—including delayed diagnosis, missed diagnosis, and incorrect diagnosis—can have devastating consequences, particularly for serious conditions like cancer, heart disease, and stroke.

A BMJ Quality & Safety study found that diagnostic errors affect 12 million adults in outpatient settings yearly, including many cases in federal healthcare facilities. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and a medical doctor, giving us a unique perspective to understand the violated medical standards of care and the complex clinical decision-making process behind the misdiagnosis.

If you or a loved one suffered harm due to misdiagnosis at a Nevada VA or military facility birth injuries at military hospitals, you have legal rights under the Federal Tort Claims Act (FTCA). Having recovered over $145 million for clients and with 25+ years of experience handling FTCA claims, we understand how to navigate the complex federal claims process and hold the U.S. government accountable for medical negligence at its healthcare facilities.

• Failure to Order Appropriate Diagnostic Tests: If physicians fail to order necessary imaging studies, blood work, or specialized tests based on a patient's symptoms and medical history, serious conditions can be missed entirely. This violates the standard of care requiring thorough evaluation of differential diagnoses.

• Misinterpretation of Test Results: Incorrect readings of CT scans, MRIs, biopsies, or laboratory results by radiologists, pathologists, and other specialists can lead to delayed or incorrect treatment. The standard of care requires proper training and careful review of all diagnostic materials.

• Inadequate Patient History and Physical Examination: Rushing through appointments or failing to take a comprehensive medical history can cause physicians to miss critical symptoms and risk factors. The standard of care mandates thorough evaluation of each patient's presenting complaints.

• Communication Failures Between Providers: When test results aren't properly communicated between departments, or when critical findings are lost in electronic health records, patients may not receive timely follow-up care. Healthcare facilities have a duty to maintain effective communication systems.

• Cognitive Bias and Premature Closure: Physicians who make hasty diagnoses without considering alternative possibilities, or who fixate on initial impressions despite contradictory evidence, may overlook serious conditions. The standard of care requires systematic consideration of differential diagnoses.

• System-Level Failures: Understaffing, inadequate protocols, or deficient quality assurance programs can create environments where diagnostic errors flourish. Federal healthcare facilities must maintain adequate systems to prevent foreseeable medical errors.

We represent clients who suffered misdiagnosis at major federal healthcare facilities throughout Nevada, where complex medical conditions require accurate and timely diagnosis.

• VA Sierra Nevada Health Care System (Reno): This comprehensive medical center provides specialized services including oncology and cardiology, where misdiagnosis can have particularly severe consequences for veterans' health outcomes.

• Mike O'Callaghan Federal Medical Center (Nellis Air Force Base, Las Vegas): Serving active-duty personnel and their families, this facility handles emergency medicine and specialized care where rapid, accurate diagnosis is critical.

• VA Southern Nevada Healthcare System (Las Vegas): As a major regional medical center, this facility treats complex cases requiring multidisciplinary care coordination, where communication failures can lead to diagnostic errors.

• Naval Air Station Fallon Medical Clinic (Fallon): This military treatment facility provides primary care and emergency services where failure to recognize serious conditions can result in delayed treatment and worsened outcomes.

View all Nevada VA & Military Facilities

• Your symptoms clearly matched a serious condition, but doctors dismissed them as minor or stress-related without proper testing
• Test results showed abnormal findings, but no one followed up or explained their significance to you
• Multiple specialists disagreed about your diagnosis, but no one ordered additional tests to resolve the discrepancy
• You were told your condition was benign, but later testing revealed cancer or another serious disease
• Emergency room staff sent you home despite symptoms that warranted immediate evaluation or hospitalization
• Your diagnosis changed multiple times without clear medical reasoning or additional testing to support the changes
• Critical test results were "lost" or not communicated to your treating physician, delaying your treatment

Economic Damages

• Additional Medical Treatment Costs: Expenses for corrective surgeries, chemotherapy, radiation, or other treatments that became necessary due to delayed diagnosis
• Lifetime Care Expenses: Long-term rehabilitation, home healthcare, medical equipment, and ongoing specialist care required due to disease progression
• Lost Wages and Benefits: Income lost during extended treatment periods, including military pay, VA disability benefits, and civilian employment compensation
• Reduced Earning Capacity: Permanent inability to work or advance in your career due to worsened medical conditions
• Transportation and Lodging: Costs for travel to specialized treatment centers and temporary housing during extended treatment
• Prescription Medications: Ongoing pharmaceutical costs for conditions that progressed due to diagnostic delays

Non-Economic Damages

• Physical Pain and Suffering: Increased pain, discomfort, and physical limitations resulting from delayed or incorrect treatment
• Emotional Distress: Anxiety, depression, and psychological trauma from learning about preventable disease progression
• Loss of Enjoyment of Life: Inability to participate in activities, hobbies, and family events due to worsened medical conditions
• Impact on Family Relationships: Strain on marriages and family dynamics caused by extended illness and caregiving responsibilities
• Loss of Consortium: Damage to spousal relationships and intimacy due to physical and emotional consequences of misdiagnosis

Nevada-Specific Considerations

Under Nevada Revised Statutes § 41A.035, medical malpractice claims are subject to a $350,000 cap on non-economic damages, which applies to pain and suffering awards. However, FTCA claims are filed in federal court, where federal judges must apply Nevada substantive law while following federal procedural rules. Complex legal questions arise when determining how Nevada's damage caps interact with federal FTCA claims against government defendants. Additionally, punitive damages are explicitly prohibited under the Federal Tort Claims Act (28 U.S.C. § 2674), regardless of Nevada state law provisions.

Statute of Limitations

The Federal Tort Claims Act requires all administrative claims to be filed within two years of when the claim accrues under 28 U.S.C. § 2401(b). In Nevada, the discovery rule may extend this deadline in cases where the misdiagnosis wasn't immediately apparent, but federal courts apply strict standards when evaluating discovery rule arguments in FTCA cases.

Expert Witness Requirements

Nevada Revised Statutes § 41A.071 requires an expert witness affidavit to be filed with medical malpractice complaints, establishing that the case has merit and identifying specific standards of care that were violated. For misdiagnosis cases, this typically requires a physician in the same specialty to review medical records and provide opinions about whether the diagnostic process met accepted medical standards. The expert must be licensed to practice medicine and have relevant experience in the area of medicine involved in the alleged malpractice.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), you have two years from the date of discovery to file an administrative claim for misdiagnosis at a VA or military facility. Nevada's discovery rule may apply in cases where the misdiagnosis wasn't immediately apparent, but federal courts apply strict standards when evaluating these arguments.

You can recover economic damages including additional medical costs, lost wages, and future care expenses, plus non-economic damages for pain and suffering. However, Nevada's $350,000 cap on non-economic damages (NRS § 41A.035) may apply to FTCA cases, and punitive damages are prohibited under federal law.

Nevada limits non-economic damages to $350,000 in medical malpractice cases under NRS § 41A.035. Federal courts hearing FTCA cases must apply Nevada substantive law, which typically includes these damage limitations, though the interaction between state caps and federal defendants can be complex.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligence by military healthcare providers. Recent changes to the Feres Doctrine now allow active-duty service members to file certain medical malpractice claims under the National Defense Authorization Act.

Yes, Nevada Revised Statutes § 41A.071 requires an expert witness affidavit for medical malpractice cases, including FTCA claims in federal court. The expert must be a licensed physician with relevant experience in the medical specialty involved in your misdiagnosis case.

FTCA cases typically take 18-36 months to resolve, starting with a 6-month administrative review period. If the government denies your claim, federal litigation can take an additional 12-24 months, depending on case complexity and whether the government contests liability and damages.

FTCA coverage generally applies only to VA employees, not community care providers or independent contractors. If your misdiagnosis occurred with a community care provider, you may need to file a state court medical malpractice claim against the individual provider rather than an FTCA claim.

Yes, surviving family members can file wrongful death claims under the FTCA if misdiagnosis contributed to a veteran's death. Nevada's wrongful death statute (NRS § 41.085) governs who can file these claims and what damages are recoverable through the federal claims process.

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

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

Nevada VA Malpractice Information

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

Other Nevada Case Types We Handle

• Nevada Surgical Errors Cases
• Nevada Emergency Room Errors Cases
• Nevada 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 a misdiagnosis at a VA facility in Nevada, 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 initial filing must include a detailed description of your injuries and a specific amount of damages. After filing, the VA has six months to investigate and respond to your claim. 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 be invaluable in misdiagnosis cases. These specialized professionals can quickly identify where the standard of care was breached and articulate the medical complexities to the court. They understand both the legal requirements for FTCA claims and the medical evidence needed to prove how the misdiagnosis impacted your health and future medical needs.

Through an FTCA claim, you may be entitled to recover various damages, including all related medical expenses (both past and future), lost wages and earning capacity, and compensation for pain and suffering. For military families, this can also include the cost of traveling to receive corrective medical care and any necessary modifications to your home or lifestyle due to the resulting condition.

Don't let uncertainty about the process prevent you from seeking the compensation you deserve. Most experienced FTCA attorneys offer free initial case evaluations to review your situation and explain your options. During this consultation, they can assess whether your case meets the legal requirements for an FTCA claim and help you understand the potential value of your case. Given the complexity of these cases and the strict deadlines involved, it's recommended to speak with a qualified attorney as soon as possible to protect your rights and ensure your claim is properly documented and filed.

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

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