Pennsylvania VA & Military Misdiagnosis Malpractice Attorneys

When Pennsylvania veterans and military families seek medical care at VA medical centers and military hospitals, they trust these facilities to provide accurate, timely diagnoses. Unfortunately, diagnostic errors—including misdiagnosis, delayed diagnosis, and failure to diagnose—remain a serious problem at federal medical facilities across the Commonwealth.

A VA Office of Inspector General report reveals that diagnostic errors impact 12% of VA patients each year, with cancer and heart attack misdiagnoses causing the most devastating outcomes. At the Archuleta Law Firm, our founding attorney is a licensed physician and attorney, offering unique medical and legal expertise unmatched by other firms. This dual perspective allows us to identify where medical standards of care were violated and build compelling cases for our clients.

If you or a loved one suffered harm due to misdiagnosis at a Pennsylvania VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). Understanding these rights and Pennsylvania's specific legal requirements is crucial for securing the compensation you deserve for medical negligence by federal healthcare providers.

• Failure to Order Appropriate Diagnostic Tests: Physicians who fail to order necessary imaging, blood work, or specialized tests violate the standard of care, leaving serious conditions like cancer or heart disease undetected.

• Inadequate Medical History Taking: Rushing through patient interviews or failing to ask relevant questions about family history, symptoms, or risk factors can lead to missed diagnoses and represents negligent patient assessment.

• Misinterpretation of Test Results: When radiologists, pathologists, or other specialists incorrectly read diagnostic tests—such as missing tumors on CT scans or misreading EKGs—the resulting diagnostic errors can have life-threatening consequences.

• Poor Communication Between Providers: Failure to properly communicate test results, consult with specialists, or follow up on abnormal findings creates gaps in care that can result in delayed or missed diagnoses.

• Inadequate Follow-Up Protocols: When healthcare providers fail to establish proper follow-up care or track pending test results, patients may fall through the cracks, leading to progressive disease that could have been treated earlier.

• Cognitive Bias and Premature Closure: Making hasty diagnostic decisions without considering alternative diagnoses or dismissing patient concerns can result in anchoring bias, where physicians stick to initial impressions despite contradictory evidence.

Our firm represents veterans and military families who suffered misdiagnosis at major federal medical facilities throughout Pennsylvania. These large, complex medical centers often face challenges with communication, staffing, and coordination that can contribute to diagnostic errors.

• VA Pittsburgh Healthcare System (Pittsburgh): This major medical center serves thousands of veterans annually, and the high patient volume can sometimes lead to rushed evaluations and missed diagnoses.

• Corporal Michael J. Crescenz VA Medical Center (Philadelphia): As one of Pennsylvania's largest VA facilities, diagnostic errors here often involve failures in specialist consultations and follow-up care coordination.

• Lebanon VA Medical Center (Lebanon): This facility provides comprehensive care to central Pennsylvania veterans, where misdiagnosis cases frequently involve emergency department evaluations and primary care assessments.

• Wilkes-Barre VA Medical Center (Wilkes-Barre): Serving northeastern Pennsylvania, diagnostic errors at this facility often relate to cardiovascular and oncology conditions requiring timely specialist intervention.

View all Pennsylvania VA & Military Facilities

• Your symptoms were dismissed or attributed to anxiety, stress, or minor conditions without appropriate testing or examination
• Diagnostic tests were ordered but results were never communicated to you or acted upon by your healthcare provider
• Multiple visits for the same concerning symptoms occurred without escalation to specialist care or additional testing
• Your condition was diagnosed only after it had progressed to an advanced stage, despite earlier opportunities for detection
• Laboratory or imaging results were misread, leading to incorrect treatment or failure to treat a serious condition
• Follow-up appointments or additional testing recommended by specialists were not scheduled or coordinated
• Your medical history, family history, or risk factors were not adequately considered in the diagnostic process

Economic Damages

Pennsylvania misdiagnosis victims can recover substantial economic damages through FTCA claims, including lifetime medical treatment costs that can exceed $2 million for conditions like advanced cancer or heart disease. Additional recoverable costs include specialized oncology or cardiac treatments, surgical interventions required due to delayed diagnosis, prescription medications and ongoing pharmaceutical needs, rehabilitation services and physical therapy, home healthcare and nursing assistance, medical equipment and assistive devices, and lost wages and diminished earning capacity throughout the victim's career.

Non-Economic Damages

Misdiagnosis cases often involve significant non-economic damages, including physical pain and suffering from disease progression, emotional distress and anxiety from learning about the diagnostic error, loss of enjoyment of life activities, and impact on family relationships and quality of life. These damages recognize that misdiagnosis affects not just physical health but emotional wellbeing and life satisfaction.

Pennsylvania-Specific Considerations

Pennsylvania's MCARE Act (40 Pa. Stat. Ann. § 1303.512) caps non-economic damages in medical malpractice cases, with periodic inflation adjustments. However, FTCA claims against federal facilities may not be subject to these state damage caps, as federal law governs the recovery. Pennsylvania follows 42 Pa. Cons. Stat. § 7102, a modified comparative negligence rule. If a plaintiff's actions contributed to their harm, damages may be reduced. This rarely applies to misdiagnosis cases, as patients rely on medical professionals for accurate diagnoses.

Statute of Limitations: The Federal Tort Claims Act requires that administrative claims be filed within two years of when the injury was discovered or reasonably should have been discovered (28 U.S.C. § 2675). Pennsylvania's discovery rule may influence when the FTCA clock starts ticking, particularly in cases where the misdiagnosis wasn't immediately apparent. Under Pennsylvania law, the statute of limitations for medical malpractice is generally two years from the date of discovery, but FTCA claims must comply with federal deadlines regardless of state law extensions.

Expert Witness Requirements: Pennsylvania requires a certificate of merit in medical malpractice cases under Pa. R.C.P. 1042.3, which must be filed within 60 days of the defendant's answer. For FTCA misdiagnosis cases, qualified medical experts must establish the applicable standard of care, demonstrate how the federal healthcare provider deviated from that standard, and prove that the deviation caused the patient's harm.

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

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 VA. This federal deadline applies regardless of Pennsylvania's state medical malpractice statute of limitations.

You can recover both economic damages (medical expenses, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). Pennsylvania's MCARE Act damage caps may not apply to FTCA claims, potentially allowing for higher non-economic damage awards than in state court cases.

Pennsylvania's non-economic damage caps under the MCARE Act (40 Pa. Stat. Ann. § 1303.512) typically limit pain and suffering awards in medical malpractice cases. However, FTCA claims are governed by federal law, which may not be subject to these state limitations, potentially allowing for full compensation.

You cannot sue individual military doctors personally due to the Feres Doctrine and federal employee immunity. However, you can file an FTCA claim against the United States government for the negligent actions of military healthcare providers acting within their scope of employment.

Yes, Pennsylvania requires expert medical testimony to establish the standard of care and prove that misdiagnosis constituted malpractice. The expert must be qualified in the same specialty as the defendant physician and familiar with the applicable medical standards.

FTCA cases typically take 12-24 months for the administrative phase, followed by additional time if federal court litigation becomes necessary. Complex misdiagnosis cases involving multiple specialists or extensive medical records may take longer to resolve.

Cancer misdiagnosis cases often result in significant damages due to disease progression and reduced survival rates. You must file an FTCA administrative claim within two years of discovering the misdiagnosis, and expert testimony will be required to prove that earlier diagnosis would have improved your prognosis.

Yes, if misdiagnosis led to a patient's death, eligible family members can file wrongful death claims under the FTCA. Pennsylvania's wrongful death statute (42 Pa. Cons. Stat. § 8301) may influence which family members can recover damages and what types of compensation are available.

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

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

Pennsylvania VA Malpractice Information

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

Other Pennsylvania Case Types We Handle

• Pennsylvania Surgical Errors Cases
• Pennsylvania Emergency Room Errors Cases
• Pennsylvania 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 medical misdiagnosis at a VA facility in Pennsylvania, 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 federal 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 claim must be filed with the Department of Veterans Affairs, and the agency has six months to respond to your claim. If the VA denies your claim or fails to respond within six months, you then have the right to file a federal lawsuit.

In misdiagnosis cases, 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. They can also work directly with medical experts to build a compelling case that demonstrates both liability and damages.

Through an FTCA claim, you may be eligible to recover various types of damages. These can include all related medical expenses (both past and future), lost wages and reduced earning capacity, and compensation for pain and suffering. In Pennsylvania, there are no caps on compensatory damages in FTCA cases, meaning you can recover the full extent of your losses as supported by evidence.

If you believe you've been harmed by a VA medical misdiagnosis, you should consider having your case evaluated by an experienced FTCA attorney. Many firms specializing in veterans' medical malpractice cases offer free initial consultations to review your medical records and discuss your legal options. During this consultation, you can learn more about the strength of your case, potential compensation, and the specific deadlines that apply to your situation. Remember, these cases are complex and time-sensitive, so it's important to seek legal guidance as soon as you suspect a misdiagnosis has occurred.

Don't let concerns about legal fees prevent you from seeking help - most FTCA attorneys work on a contingency fee basis, meaning they only get paid if they recover compensation for you. Contact a qualified attorney today to protect your rights and begin the process of seeking justice for the harm you've experienced.

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

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