Ohio VA & Military Misdiagnosis Malpractice Attorneys

When Ohio veterans and military families seek medical care at VA medical centers and military hospitals, they trust these facilities to provide accurate, timely diagnoses. Unfortunately, misdiagnosis—including delayed diagnosis, failure to diagnose, and incorrect diagnosis—remains a serious problem that can have life-threatening consequences.

Research from the Journal of the American Medical Association shows that diagnostic errors affect 12 million adults yearly in outpatient settings, including many cases in federal healthcare facilities. At the Archuleta Law Firm, our founding attorney is both a licensed physician and attorney, providing unique medical and legal expertise to understand when misdiagnosis crosses the line from acceptable medical uncertainty into actionable negligence.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans and military families have the right to seek compensation when misdiagnosis at Ohio VA and military facilities results from medical negligence. Understanding your legal options under the FTCA is crucial for protecting your family's future and holding the federal government accountable for substandard medical care.

• Failure to Order Appropriate Diagnostic Tests: When physicians fail to order necessary imaging, blood work, or specialized testing based on patient symptoms, serious conditions like cancer, heart disease, and infections can go undetected until they become life-threatening.

• Inadequate Patient History Taking: Rushed appointments and failure to thoroughly review patient medical history, family history, and current symptoms can lead to missed diagnoses of conditions that proper evaluation would have revealed.

• Misinterpretation of Test Results: Radiologists, pathologists, and other specialists who incorrectly read CT scans, MRIs, biopsies, or lab work may cause physicians to miss critical diagnoses or pursue incorrect treatment paths.

• Communication Failures Between Providers: Physicians may miss or delay critical diagnoses when they don't receive test results, specialist recommendations, or important patient information.

• Cognitive Bias and Anchoring: Physicians who settle on a diagnosis too quickly, without considering other possibilities, or who allow patient demographics to influence their clinical judgment, may miss serious underlying conditions.

• Inadequate Follow-Up Care: Failing to monitor patients with concerning symptoms, not scheduling appropriate follow-up appointments, or ignoring patient reports of worsening conditions can allow misdiagnosed conditions to progress unchecked.

We represent veterans and military families who have suffered misdiagnosis at major VA medical centers and military treatment facilities throughout Ohio. High patient volumes and communication breakdowns in these large medical facilities increase the risk of diagnostic errors.

• Chalmers P. Wylie Veterans Affairs Ambulatory Care Center (Columbus): This major VA facility provides comprehensive outpatient care where misdiagnosis of chronic conditions and cancer screening failures commonly occur.

• Louis Stokes Cleveland VA Medical Center (Cleveland): As one of Ohio's largest VA facilities, diagnostic errors in emergency care and specialty consultations can have serious consequences for veterans.

• Cincinnati VA Medical Center (Cincinnati): This facility's complex patient population and multiple specialty services create opportunities for communication failures that lead to misdiagnosis.

• Wright-Patterson Air Force Base Medical Center (Dayton): This military treatment facility serves active duty personnel and their families, where misdiagnosis can affect military careers and family stability.

View all Ohio VA & Military Facilities

• Your physician dismissed serious symptoms without ordering appropriate diagnostic tests or specialist referrals
• Test results showing abnormal findings were not properly communicated to you or your treating physician
• Multiple healthcare providers offered conflicting diagnoses without adequate explanation or follow-up investigation
• Your condition was attributed to anxiety, stress, or non-medical causes despite physical symptoms suggesting organic disease
• A specialist's recommendations for additional testing or treatment were ignored by your primary care physician
• You received treatment for the wrong condition for an extended period, causing your actual condition to worsen
• Critical test results were "lost" in the system or not reviewed by your physician in a timely manner

Under Ohio law, victims can recover full economic damages for misdiagnosis, as there are no caps on financial compensation. These damages include costs for corrective medical treatment and ongoing care that became necessary due to diagnostic delays, costs of additional surgeries or treatments required because the condition progressed untreated, lost wages and reduced earning capacity due to worsened medical condition, lifetime care costs for conditions that became permanent due to delayed diagnosis, prescription medications and medical equipment needed for the progressed condition, and rehabilitation costs including physical therapy, occupational therapy, and psychological counseling.

Misdiagnosis cases often involve significant non-economic damages including pain and suffering from the worsened medical condition, emotional distress from learning that earlier diagnosis could have prevented complications, loss of enjoyment of life due to permanent disabilities that proper diagnosis could have prevented, anxiety and depression related to the medical trauma and lost trust in healthcare providers, and impact on family relationships and quality of life.

Under Ohio's tort reform legislation S.B. 281, non-economic damages in medical malpractice cases are subject to statutory caps. Ohio Revised Code limits non-economic damages to $250,000 per plaintiff or three times economic damages (whichever is higher), with a maximum of $350,000 per plaintiff and $500,000 per occurrence. For catastrophic injuries involving permanent physical deformity birth injuries or loss of bodily function, the cap increases to $500,000 per individual and $1 million per occurrence. However, these state damage caps may not apply to FTCA claims filed in federal court, as Federal Rules of Civil Procedure control over state procedural requirements in federal litigation.

Statute of Limitations The Federal Tort Claims Act (28 U.S.C. § 2675) requires that administrative tort claims be filed with the appropriate federal agency within two years of when the claim accrued. This federal deadline differs from Ohio's one-year statute of limitations for medical malpractice claims in state court. Ohio's discovery rule may apply, so the limitations period starts when the patient discovers, or reasonably should have discovered, the misdiagnosis and resulting injury.

Expert Witness Requirements Ohio law requires an Affidavit of Merit in medical malpractice cases filed in state court, which must be prepared by a qualified medical expert. However, the Sixth Circuit Court of Appeals has held that Ohio's Affidavit of Merit requirement does not apply to FTCA claims filed in federal court, as Federal Rules of Civil Procedure take precedence over state procedural requirements. This means FTCA misdiagnosis claims can proceed without the initial expert affidavit required in Ohio state courts.

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

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 the misdiagnosis to file an administrative claim with the federal agency. This is longer than Ohio's one-year statute of limitations for state medical malpractice cases.

You can recover both economic damages (unlimited under Ohio law) and non-economic damages subject to Ohio's statutory caps. Economic damages include all medical costs, lost wages, and future care expenses, while non-economic damages are generally capped at $250,000 to $350,000 depending on circumstances.

Ohio limits non-economic damages under Ohio Revised Code caps, but these state limitations may not apply to federal FTCA claims. Federal courts apply federal law, which may allow recovery beyond Ohio's state damage caps for pain and suffering.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligent misdiagnosis by military healthcare providers. The federal government becomes the defendant in these cases.

While Ohio requires an Affidavit of Merit for state court cases, this requirement does not apply to federal FTCA claims. However, you will still need qualified medical experts to prove the standard of care was breached and that misdiagnosis caused your injuries.

FTCA cases typically take 18-36 months from initial filing through resolution. The process includes a mandatory administrative phase with the federal agency before any lawsuit can be filed in federal court.

If your care involved multiple VA or military facilities, you can include all relevant facilities in a single FTCA claim. The federal government is responsible for negligence at any of its healthcare facilities throughout Ohio.

Yes, wrongful death claims can be filed under the FTCA when misdiagnosis leads to death. Ohio's damage caps do not apply to wrongful death cases, allowing full recovery for the family's losses.

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

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

Ohio VA Malpractice Information

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

Other Ohio Case Types We Handle

• Ohio Surgical Errors Cases
• Ohio Emergency Room Errors Cases
• Ohio 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 an Ohio VA medical facility, you may have rights under the Federal Tort Claims Act (FTCA). This specialized legal process allows you to seek compensation when negligent medical care at a VA facility has caused harm, but it's crucial to understand the strict deadlines and requirements involved.

You must file your FTCA claim within two years of when you discovered (or reasonably should have discovered) the misdiagnosis. This is done by submitting Standard Form 95 to the Department of Veterans Affairs. Once filed, 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.

For misdiagnosis cases, having an attorney who is also a medical doctor can be invaluable to your case. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. They can determine whether your misdiagnosis was truly negligent and help establish the connection between the delayed or incorrect diagnosis and your resulting injuries.

Through an FTCA claim, you may be able 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 in-home care and medical equipment needed due to the harm caused by the misdiagnosis.

Don't let concerns about legal fees prevent you from exploring your options. Many attorneys who handle VA medical malpractice cases offer free initial consultations to evaluate your claim. During this consultation, they can review your medical records, explain the FTCA process in detail, and help you understand the potential value of your claim. If you or a family member has suffered due to a VA medical misdiagnosis in Ohio, contact a qualified attorney immediately to ensure your rights are protected and all deadlines are met.

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

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