New York VA & Military Misdiagnosis Malpractice Attorneys

Veterans and military families seeking care at New York VA medical centers deserve accurate, timely diagnoses to save lives. Unfortunately, misdiagnosis—including delayed diagnosis, missed diagnosis, and incorrect diagnosis—remains a serious problem at federal healthcare facilities, often leading to worsened conditions, unnecessary suffering, and preventable deaths.

At the Archuleta Law Firm, our founding attorney brings a unique combination of medical and legal expertise as both a licensed attorney and medical doctor. Our dual background enables us to understand both FTCA legal requirements and medical standards of care needed to prevent misdiagnosis.

If you or a loved one suffered harm due to misdiagnosis at a New York VA or military facility, you have legal rights under the Federal Tort Claims Act. However, FTCA claims have strict procedural requirements and deadlines that differ significantly from civilian medical malpractice cases, making experienced legal representation essential.

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

• Misinterpretation of Test Results: Incorrect readings of CT scans, MRIs, biopsies, or labs by radiologists, pathologists, and other specialists can cause critical delays in treating time-sensitive conditions.

• Inadequate Patient History Taking: Rushing through patient interviews or failing to ask relevant questions about family history, symptoms, or previous medical conditions can result in overlooking critical diagnostic clues.

• Communication Failures Between Providers: Patients may not receive timely follow-up care when test results are not communicated between departments or shifts, or when critical findings are buried in lengthy medical records.

• Cognitive Biases and Premature Closure: Physicians may miss serious underlying conditions if they fixate on an initial impression without considering other diagnoses, or fail to reassess when treatments don't work.

• Understaffing and Time Pressures: Overworked medical staff may overlook symptoms or fail to conduct thorough evaluations if they spend insufficient time with patients or rush examinations.

Our firm represents veterans and military families who suffered misdiagnosis at major federal healthcare facilities in New York, including VA medical centers and military treatment facilities.

Major New York Federal Healthcare Facilities:

• VA New York Harbor Healthcare System (Manhattan & Brooklyn) - This large multi-campus system serves thousands of veterans annually, with emergency departments and specialty clinics where misdiagnosis of cardiac events, cancer, and neurological conditions frequently occurs.

• Albany VA Medical Center (Albany) - As a major regional medical center providing complex specialty care, diagnostic errors in oncology, cardiology, and internal medicine can have devastating consequences for veteran patients.

• VA Western New York Healthcare System (Buffalo & Batavia) - This multi-site facility handles high-volume emergency care and specialty services where failure to properly diagnose stroke, heart attacks, and other time-sensitive conditions can be fatal.

• Northport VA Medical Center (Long Island) - Serving veterans across Long Island, this facility's emergency department and specialty clinics have seen cases involving missed cancer diagnoses and delayed treatment of serious infections.

View all New York VA & Military Facilities

• Your condition was dismissed as anxiety, depression, or "normal aging" without proper testing, especially if you're a woman or minority patient who may face diagnostic bias

• Critical symptoms were ignored or attributed to unrelated causes, such as chest pain dismissed as heartburn when cardiac testing was warranted

• Test results showing abnormal findings were never communicated to you or your family, indicating a breakdown in the facility's communication systems

• You were discharged from the emergency department with serious symptoms that led to hospitalization within days at another facility

• Multiple visits for the same worsening symptoms resulted in the same diagnosis without consideration of alternative conditions

• Obvious red flag symptoms for serious conditions (such as sudden severe headache, unexplained weight loss, or new neurological symptoms) were not properly evaluated

• Your condition required emergency treatment or resulted in permanent disability that could have been prevented with earlier diagnosis and treatment

Economic Damages

New York federal facility misdiagnosis victims can recover substantial economic damages for past and future medical expenses from their worsened conditions. This often includes emergency surgeries, extended hospitalizations, and specialized treatments that could have been avoided with timely diagnosis. Lost wages and diminished earning capacity represent another significant category, particularly when misdiagnosis leads to permanent disability or prolonged recovery periods. The National Cancer Institute reports cancer treatment costs range from $150,000 to $1.2 million, depending on type and stage. Additional economic damages may include rehabilitation costs, home healthcare expenses, and medical equipment needs that result from the progression of the undiagnosed condition.

Non-Economic Damages

Misdiagnosis cases often involve severe non-economic damages due to the psychological trauma of learning that a condition progressed unnecessarily. Pain and suffering damages account for the physical pain endured during the delayed treatment period and ongoing discomfort from worsened conditions. Loss of enjoyment of life damages recognize how misdiagnosis can rob patients of activities, relationships, and experiences they previously enjoyed. Emotional distress damages address the anxiety, depression, and mental anguish that accompany both the misdiagnosis experience and the resulting health complications. For family members, loss of consortium damages may apply when misdiagnosis affects relationships and family dynamics.

New York-Specific Considerations

Under New York law, there are no statutory caps on non-economic damages in medical malpractice cases, unlike many other states that limit pain and suffering awards. However, FTCA claims are governed by federal law, which applies the law of the state where the negligence occurred—meaning New York's favorable damage rules apply to federal facility cases. New York Civil Practice Law and Rules (CPLR) § 4111 requires structured settlements for future damages exceeding $250,000, which can provide long-term financial security for misdiagnosis victims. Importantly, the FTCA does not permit punitive damages against the federal government, regardless of state law.

Statute of Limitations

FTCA claims involving misdiagnosis must comply with the federal two-year administrative filing deadline under 28 U.S.C. § 2675, which begins when the plaintiff knew or should have known of both the injury and its cause. This federal deadline is often more restrictive than New York's discovery rule under CPLR § 214-a, which provides 2.5 years from the date of malpractice or discovery of the injury. For misdiagnosis cases, the discovery rule can be complex—the clock may start when you learned of the missed diagnosis, not necessarily when the original misdiagnosis occurred.

Expert Witness Requirements

New York requires medical expert testimony to establish the standard of care and causation in misdiagnosis cases. The expert must be qualified in the same specialty as the defendant physician and must demonstrate how the misdiagnosis departed from accepted medical standards. In FTCA cases, experts must also understand federal healthcare protocols and VA or military medical systems, as these may differ from civilian practice standards.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you have two years from when you discovered or should have discovered both the injury and its cause to file an administrative claim. This is often shorter than New York's state law deadline and requires filing a Standard Form 95 with the appropriate federal agency before any lawsuit can begin.

You may recover both economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). New York does not cap non-economic damages in medical malpractice cases, and this favorable rule applies to FTCA claims. However, punitive damages against the federal government under the FTCA.

No, under the FTCA, you cannot sue individual federal employees acting within the scope of their employment. Your claim must be filed against the United States government, and the individual healthcare providers are immune from personal liability. This is a key difference from civilian medical malpractice cases.

Yes, New York law requires qualified medical expert testimony to prove that the diagnosis fell below the accepted standard of care and caused your injuries. The expert must typically practice in the same specialty as the defendant physician and understand both general medical standards and federal healthcare facility protocols.

FTCA cases typically take 18 months to 3 years to resolve, beginning with the mandatory administrative claim process that can take 6-12 months. If the agency denies your claim, you have six months to file a federal lawsuit. Complex misdiagnosis cases requiring extensive medical expert testimony may take longer to develop and present.

You may file a wrongful death claim under the FTCA seeking damages for medical expenses, funeral costs, lost financial support, and loss of companionship. New York's wrongful death statute (EPTL § 5-4.1) governs the types of damages available, and claims must be filed by the personal representative of the estate.

No, filing an FTCA claim will not affect your eligibility for continued VA healthcare benefits. The FTCA specifically prohibits retaliation against claimants, and your medical care should continue uninterrupted while your legal case proceeds. Veterans maintain all their healthcare rights regardless of pending legal claims.

Misdiagnosis cases require proving not only that the diagnosis was wrong, but that a competent physician would have made the correct diagnosis under the same circumstances. You must also demonstrate that the delayed or incorrect diagnosis actually caused additional harm beyond what would have occurred with proper diagnosis.

When you or a loved one has suffered cancer misdiagnosis, heart attack misdiagnosis, failure to diagnose, and delayed diagnosis at a New York 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 York FTCA Experience: We have successfully handled Federal Tort Claims Act cases involving New York 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 York, 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 York 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 York Misdiagnosis victims. Our New York 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 York 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 York VA Malpractice Information

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

Other New York Case Types We Handle

• New York Surgical Errors Cases
• New York Emergency Room Errors Cases
• New York 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 suffered from a medical misdiagnosis at a VA facility in New York, 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 with the VA using Standard Form 95. Once you submit this claim, the VA has six months to investigate and respond. If the VA denies your claim or fails to respond within six months, you then have six months to file a federal lawsuit. Missing these deadlines can permanently bar you from seeking compensation.

For misdiagnosis cases, 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, understand complex medical records, and effectively communicate with VA medical experts. Their unique combination of medical and legal expertise allows them to build stronger cases by precisely demonstrating how the misdiagnosis occurred and its impact on your health.

Through an FTCA claim, you may be eligible to recover various damages, including all medical expenses related to treating conditions that worsened due to the misdiagnosis, future medical care costs, lost wages and reduced earning capacity, and compensation for pain and suffering. For military families, this can also include the cost of travel for medical care and compensation for the impact on family relationships.

Don't wait to evaluate your legal options. Most experienced FTCA attorneys offer free, confidential case evaluations to veterans and military families. During this consultation, you can learn about the strength of your case, potential compensation, and the next steps in the claims process. Having an advocate who understands both the medical and legal aspects of your case can make a crucial difference in securing the compensation you deserve for substandard VA medical care.

Remember, protecting your rights starts with taking action. Contact a qualified FTCA attorney today to understand your options and ensure your claim is properly handled from the start.

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

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