New Hampshire VA & Military Misdiagnosis Malpractice Attorneys

When veterans and military families seek medical care at New Hampshire's VA medical centers and military hospitals, they trust these federal facilities to provide accurate diagnoses and timely treatment. Unfortunately, misdiagnosis—including failure to diagnose, delayed diagnosis, and incorrect diagnosis—continues to plague federal healthcare facilities, sometimes with life-threatening consequences.

According to a VA Office of Inspector General report, diagnostic errors cause many preventable medical injuries in VA facilities nationwide. At the Archuleta Law Firm, our founding attorney is a licensed physician and attorney, offering unique medical and legal expertise that other New Hampshire VA misdiagnosis lawyers cannot match. This dual background allows us to identify when federal healthcare providers have breached the standard of care and failed to meet their duty to patients.

If you or a loved one suffered harm due to misdiagnosis at a New Hampshire VA medical center or military treatment facility, you have legal rights under the Federal Tort Claims Act (FTCA). Federal claims require expert knowledge of medical standards and federal procedures beyond standard state malpractice law.

• Failure to Order Appropriate Diagnostic Tests: When physicians fail to order necessary imaging studies, blood tests, or specialized diagnostics based on symptoms, serious conditions like cancer, heart disease, or stroke can go undetected, which is a breach of the medical standard of care.

• Inadequate Medical History Taking: Rushing through patient interviews or failing to ask relevant questions about symptoms, family history, or medication interactions can lead to missed diagnoses, especially when federal facilities face staffing shortages or time pressures.

• Misinterpretation of Test Results: Even when appropriate tests are ordered, radiologists, pathologists, or attending physicians may misread results, fail to communicate critical findings, or delay reporting urgent abnormalities that require immediate intervention.

• Failure to Follow Up on Abnormal Findings: When test results show concerning abnormalities but healthcare providers fail to ensure proper follow-up care or specialist referrals, treatable conditions can progress to advanced, life-threatening stages.

• Communication Breakdowns Between Providers: In large federal medical systems, poor communication between departments, shifts, or specialists can result in critical information being lost, leading to diagnostic delays and inappropriate treatment decisions.

• Cognitive Bias and Anchoring: Physicians may ignore contradictory evidence when they fixate on their initial diagnosis without considering alternatives.

We help veterans and military families harmed by misdiagnosis at New Hampshire federal medical facilities. These large, complex medical systems sometimes struggle with coordination of care and diagnostic accuracy due to high patient volumes and staffing challenges.

Manchester VA Medical Center (Manchester): This major VA medical center serves thousands of veterans across New Hampshire and neighboring states, providing comprehensive medical services where diagnostic errors in cardiology, oncology, and emergency medicine can have devastating consequences.

Pease Air National Guard Base Medical Facility (Portsmouth): Military personnel and their families receive medical care at this Air National Guard facility, where misdiagnosis of service-related injuries and occupational health conditions can affect military careers and long-term health outcomes.

New Hampshire Army National Guard Medical Units: Various National Guard medical units throughout the state provide healthcare services where failure to properly diagnose training injuries, infectious diseases, or chronic conditions can impact service members' readiness and health.

View all New Hampshire VA & Military Facilities

• Your symptoms were dismissed or attributed to a minor condition without appropriate testing or examination, and you later discovered a serious underlying illness that could have been detected earlier

• Test results showed abnormalities that were not properly communicated to you or followed up with appropriate specialist referrals or additional testing

• Multiple healthcare providers at the same facility gave you conflicting diagnoses without adequate explanation or coordination of care

• You presented with classic symptoms of a serious condition (such as chest pain, severe headaches, or unexplained weight loss) but were discharged without proper evaluation

• A routine screening test or follow-up appointment was delayed, cancelled, or overlooked, resulting in a delayed diagnosis of cancer or other progressive disease

• Your medical records show that critical information was not shared between departments or providers, leading to repeated misdiagnoses

• You were treated for the wrong condition for an extended period, allowing your actual medical condition to worsen or become more difficult to treat

Economic Damages

Victims of misdiagnosis at New Hampshire federal facilities may recover substantial economic damages, including additional medical treatment costs resulting from delayed diagnosis, such as more aggressive cancer treatments that could have been avoided with early detection. Lost wages and reduced earning capacity often result when misdiagnosis allows conditions to progress, requiring extended recovery periods or permanent disability accommodations. Lifetime care costs for conditions like stroke, heart disease, or advanced cancer can reach hundreds of thousands or millions of dollars. The cost of corrective medical procedures, rehabilitation services, and ongoing specialist care necessitated by the delayed or incorrect diagnosis are also recoverable. Home healthcare, medical equipment, and prescription medications required due to the worsened condition represent additional economic losses.

Non-Economic Damages

Pain and suffering damages compensate for the physical discomfort and emotional distress caused by both the underlying condition and the additional harm from delayed treatment. Loss of enjoyment of life addresses how misdiagnosis has impacted your ability to participate in activities, relationships, and experiences you previously enjoyed. Emotional distress damages recognize the anxiety, depression, and psychological trauma that often accompany serious medical errors. The impact on family relationships and the burden placed on spouses and children caring for a loved one whose condition worsened due to misdiagnosis may also be compensated.

New Hampshire-Specific Considerations

Under New Hampshire law (RSA 507-C), the state operates under a modified comparative negligence system, meaning damages can be reduced if the patient is found partially at fault for their injuries. However, FTCA claims are litigated in federal court, where New Hampshire's three-year statute of limitations (RSA 507-C:4) does not apply—instead, the federal two-year deadline under 28 U.S.C. § 2401(b) governs all claims against VA and military facilities. New Hampshire does not impose statutory caps on medical malpractice damages, allowing full recovery for both economic and non-economic losses in federal misdiagnosis cases.

Statute of Limitations

The Federal Tort Claims Act requires that all claims against VA medical centers and military facilities be filed within two years of when the claim accrues under 28 U.S.C. § 2401(b). This federal deadline is significantly shorter than New Hampshire's three-year statute of limitations for state medical malpractice claims under RSA 507-C:4. The FTCA includes a discovery rule, meaning the two-year period begins when you knew or reasonably should have known about the misdiagnosis and resulting harm. However, this discovery rule has limits, and waiting too long to investigate potential malpractice can permanently bar your claim.

Expert Witness Requirements

New Hampshire misdiagnosis cases require qualified medical experts to establish the standard of care and prove that federal healthcare providers breached their duty to patients. Under the Daubert standard applied in federal court, medical experts must demonstrate both relevant qualifications and reliable methodology in their opinions. For misdiagnosis cases, experts typically must practice in the same specialty as the defendant physician and be familiar with the diagnostic standards applicable at the time of the alleged malpractice.

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

Federal law requires that FTCA claims be filed within two years of when the claim accrues under 28 U.S.C. § 2401(b). This is shorter than New Hampshire's three-year deadline for state medical malpractice cases. The federal discovery rule may extend this deadline until you knew or should have known about the misdiagnosis, but waiting to investigate can be dangerous.

You may recover both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, loss of enjoyment of life). New Hampshire does not cap medical malpractice damages, so federal courts can award full compensation for all proven losses. Successful misdiagnosis cases often result in substantial awards, particularly when delayed diagnosis leads to permanent injury or death.

New Hampshire does not impose statutory caps on medical malpractice damages, unlike some other states. This means there is no artificial limit on the compensation you can receive for misdiagnosis at federal facilities. Both economic and non-economic damages can be recovered in full, subject only to what you can prove at trial.

No, you cannot sue individual military doctors or VA physicians personally. Under the FTCA, the United States government assumes liability for the negligence of federal employees acting within the scope of their employment. Your claim must be filed against the United States of America, not the individual healthcare providers.

While your expert doesn't necessarily need to be licensed in New Hampshire, they must be qualified to testify about the applicable standard of care for the type of misdiagnosis involved. Federal courts apply the Daubert standard, requiring experts to demonstrate both relevant qualifications and reliable methodology. Most successful cases require experts who practice in the same specialty as the defendant physicians.

FTCA cases typically take 2-4 years from filing to resolution, depending on the complexity of the medical issues and the government's willingness to settle. You must first file an administrative claim (Standard Form 95) with the appropriate federal agency, which has six months to respond. Only after this administrative process can you file a lawsuit in federal court.

National Guard medical facilities fall under federal jurisdiction for FTCA purposes when providing medical care to service members and their families. The same two-year statute of limitations and federal filing requirements apply. These cases are handled in the U.S. District Court for the District of New Hampshire, with the United States as the defendant.

Yes, surviving family members can file wrongful death claims under the FTCA when misdiagnosis leads to death at federal facilities. New Hampshire's wrongful death statute (RSA 556) provides guidance on who can recover damages, typically including spouses, children, and parents. These cases must still comply with the federal two-year statute of limitations and FTCA procedural requirements.

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

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

New Hampshire VA Malpractice Information

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

Other New Hampshire Case Types We Handle

• New Hampshire Surgical Errors Cases
• New Hampshire Emergency Room Errors Cases
• New Hampshire 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 New Hampshire 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 you must file your claim within two years of when you discovered (or reasonably should have discovered) the misdiagnosis. This process begins with filing an administrative claim using Standard Form 95 with the Department of Veterans Affairs, and the VA then has six months to respond to your claim before you can file a lawsuit in federal court.

When pursuing a misdiagnosis claim, having an attorney who is also a medical doctor can significantly strengthen your case. These specialized professionals can quickly identify where standard medical protocols were breached and understand the complex medical terminology in your records. They can effectively communicate with VA medical experts and accurately assess how the misdiagnosis has impacted your health and future medical needs.

Through an FTCA claim, you may be entitled to recover various damages. These can include compensation for additional medical treatments needed to address the misdiagnosis, future medical care costs, lost wages and reduced earning capacity, and non-economic damages such as pain and suffering. In New Hampshire, there is no cap on medical malpractice damages, which means you can pursue full compensation for all your losses.

The success of your claim often depends on proving that the VA healthcare provider failed to meet the accepted standard of care, and that this failure directly caused your injuries. This requires extensive medical documentation, expert testimony, and a thorough understanding of both medical and legal standards.

You don't have to navigate this complex process alone. Many experienced FTCA attorneys offer free initial case evaluations to review your situation and explain your options. Given the strict deadlines and complexity of these cases, it's recommended to seek legal consultation as soon as you suspect a misdiagnosis has occurred. A qualified attorney can help protect your rights and ensure you meet all procedural requirements while building the strongest possible case for maximum compensation.

Remember, the initial consultation is free and confidential, and you won't have to pay any legal fees unless your case is successful. Don't let uncertainty about the legal process prevent you from seeking the compensation you deserve for a VA medical misdiagnosis.

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

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