South Carolina VA & Military Misdiagnosis Malpractice Attorneys

When veterans and military families seek medical care at South Carolina's VA medical centers and military hospitals, they trust these facilities to provide accurate diagnoses and timely treatment. Unfortunately, medical negligence in the form of misdiagnosis, delayed diagnosis, or failure to diagnose can have devastating consequences for patients and their families.

A Journal of the American Medical Association study found that diagnostic errors affect 12 million adults yearly in outpatient settings alone, with additional cases in hospitals. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and medical doctor, providing unique expertise in the complex medical and legal issues in misdiagnosis cases. This dual qualification allows us to identify when medical standards of care have been violated and build compelling cases for our clients.

If you or a loved one suffered harm due to misdiagnosis at a South Carolina VA or military facility, you have legal rights under the Federal Tort Claims Act (FTCA). To secure the compensation you deserve for your injuries, understand your rights and the specific procedures for filing FTCA claims.

• Failure to Order Appropriate Diagnostic Tests: When physicians fail to order necessary imaging studies, blood work, or specialized tests based on presenting symptoms, serious conditions like cancer, heart disease, or stroke can go undetected, constituting a clear violation of the standard of care.

• Misinterpretation of Test Results: Radiologists, pathologists, and other specialists who incorrectly read CT scans, MRIs, biopsies, or laboratory results can lead to missed diagnoses, with the failure to exercise reasonable professional judgment representing medical negligence.

• Inadequate Patient History and Physical Examination: Physicians who rush appointments, fail to take comprehensive medical histories, or perform cursory physical exams may miss critical diagnostic clues, which would alert a competent physician to serious medical conditions.

• Communication Breakdowns Between Medical Staff: Systemic communication failures can prevent test results, consultant recommendations, or critical patient information from reaching the treating physician, harming patients; proper protocols could prevent this.

• Cognitive Bias and Premature Diagnostic Closure: Medical professionals violate the standard of care when they rely on initial impressions without considering alternative diagnoses, or when they fail to reassess patients who don't respond to treatment, because the standard of care requires thorough diagnostic consideration.

• Failure to Follow Up on Abnormal Findings: Physicians breach their duty when they fail to pursue appropriate follow-up testing or specialist referrals after identifying concerning symptoms.

South Carolina Facilities Where We Handle Misdiagnosis Cases

Our firm represents veterans and military families who have suffered misdiagnosis at major federal medical facilities throughout South Carolina. These large, complex medical centers handle thousands of patients annually, creating environments where diagnostic errors can occur due to high patient volumes and communication challenges.

Ralph H. Johnson VA Medical Center (Charleston) - This major VA medical center provides comprehensive care to veterans throughout the Lowcountry, where misdiagnosis can occur in emergency department settings or during routine specialty consultations.

Dorn VA Medical Center (Columbia) - Serving veterans across central South Carolina, this facility's busy internal medicine and specialty clinics can experience diagnostic delays when physicians fail to properly coordinate care.

Joint Base Charleston Medical Facilities - Military treatment facilities serving active duty personnel and their families, where misdiagnosis in emergency situations or routine care can have serious consequences for military readiness and family welfare birth injuries at military hospitals.

Naval Health Clinic Charleston - Providing primary and specialty care to Navy personnel and families, where diagnostic errors in conditions like cardiac events or cancer can result from inadequate follow-up or test interpretation failures.

View all South Carolina VA & Military Facilities

• Your symptoms were dismissed or attributed to anxiety, stress, or minor conditions without appropriate diagnostic testing based on your presenting complaints
• Test results showed abnormal findings that were not properly followed up with additional testing or specialist referrals within a reasonable timeframe
• Multiple physicians provided conflicting diagnoses without adequate explanation or additional diagnostic workup to resolve the discrepancy
• You experienced a significant delay in diagnosis despite repeatedly seeking care for persistent or worsening symptoms that should have prompted further investigation
• Critical test results were "lost" in the system or never communicated to your treating physician, resulting in delayed treatment
• Your physician failed to consider your family history, risk factors, or previous medical conditions when evaluating your current symptoms
• A serious condition like cancer, heart disease, or stroke was eventually diagnosed, but only after significant delays that allowed the condition to progress unnecessarily

Economic Damages

Misdiagnosis cases often result in substantial economic losses that can be recovered through FTCA claims. These damages include additional medical treatment costs required due to disease progression during the diagnostic delay, often ranging from tens of thousands to hundreds of thousands of dollars depending on the condition. Lost wages and reduced earning capacity frequently result when patients cannot work due to their worsened medical condition. Lifetime care costs for conditions that progressed due to delayed diagnosis, such as advanced cancer requiring extensive chemotherapy or cardiac conditions requiring ongoing specialist care, represent significant economic damages. Additional rehabilitation costs, including physical therapy, occupational therapy, and specialized medical equipment, may also be recoverable when the delay in diagnosis resulted in more severe functional limitations.

Non-Economic Damages

Patients who suffer misdiagnosis often experience significant non-economic damages that profoundly impact their quality of life. Pain and suffering damages account for the physical discomfort and emotional distress caused by the progression of the undiagnosed condition. Loss of enjoyment of life damages compensate for the inability to participate in activities and hobbies that previously brought pleasure and fulfillment. Emotional distress and mental anguish frequently accompany the knowledge that earlier diagnosis could have prevented the current suffering. The impact on family relationships and the ability to fulfill roles as spouse, parent, or caregiver also represents compensable non-economic damages.

South Carolina-Specific Considerations

Under the Federal Tort Claims Act (28 U.S.C. § 2675), FTCA claims against VA and military hospitals are governed by federal law but apply the substantive law of the state where the negligence occurred. While South Carolina's Tort Claims Act (S.C. Code Ann. § 15-78-30) establishes damage caps of $300,000 for most government entities and $500,000 for governmental health care facilities, these state caps do not directly apply to federal FTCA claims. Instead, FTCA claims are subject to federal procedural requirements while applying South Carolina's substantive negligence law, potentially allowing for recovery beyond state damage caps depending on the specific circumstances of the case.

Statute of Limitations

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you must file your administrative claim within two years from the date the misdiagnosis occurred or should have been discovered. South Carolina follows a discovery rule that may extend this deadline if the misdiagnosis was not immediately apparent, but federal courts apply this rule strictly in FTCA cases. The two-year deadline is absolute and cannot be extended, making prompt legal action essential for preserving your rights.

Expert Witness Requirements

South Carolina requires expert medical testimony in misdiagnosis cases to establish the applicable standard of care and demonstrate how the defendant's actions fell below that standard. For misdiagnosis cases, you typically need a medical expert in the same specialty as the treating physician who can testify about proper diagnostic procedures, appropriate follow-up care, and how earlier diagnosis would have changed the patient's outcome.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2675), you have two years from the date of the misdiagnosis to file your administrative claim with the appropriate federal agency. This deadline is strictly enforced and cannot be extended, even if you didn't immediately realize that misdiagnosis occurred. The clock typically starts running from when you knew or should have known about the diagnostic error.

You can recover both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, loss of enjoyment of life). Unlike claims against South Carolina state facilities, FTCA claims are not subject to the state's $300,000-$500,000 damage caps found in S.C. Code Ann. § 15-78-30, potentially allowing for larger recoveries in severe misdiagnosis cases.

South Carolina's damage caps under the Tort Claims Act (S.C. Code Ann. § 15-78-30) do not apply to FTCA claims against federal facilities. However, South Carolina's substantive negligence law, including any comparative fault rules, will still apply to determine liability and damages in your federal case.

No, you cannot sue individual military doctors or VA physicians personally. Under the Federal Tort Claims Act, your claim must be filed against the United States government, and the individual healthcare providers are protected from personal liability when acting within the scope of their federal employment.

Yes, South Carolina law requires expert medical testimony in misdiagnosis cases to establish the standard of care and prove negligence. Your expert must be qualified in the same medical specialty as the physician who allegedly committed the misdiagnosis and be familiar with the applicable standards of care.

FTCA cases typically take 18 months to 3 years to resolve. The federal agency has 6 months to respond to your administrative claim, and if denied, you can file a lawsuit in federal court. The complexity of misdiagnosis cases, which often require extensive medical record review and expert testimony, can extend the timeline.

If multiple providers were involved in your care, you may have both state medical malpractice claims and federal FTCA claims. Each claim follows different procedures and deadlines, making it crucial to consult with an attorney experienced in both state and federal medical malpractice law.

Recent changes to federal law, including provisions in the National Defense Authorization Act, have expanded the ability of active duty service members to file certain medical malpractice claims. However, these cases involve complex jurisdictional issues that require careful legal analysis to determine your available options.

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

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

South Carolina VA Malpractice Information

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

Other South Carolina Case Types We Handle

• South Carolina Surgical Errors Cases
• South Carolina Emergency Room Errors Cases
• South Carolina 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 South Carolina, you need to understand your rights under the Federal Tort Claims Act (FTCA). This unique law allows you to seek compensation when negligent medical care at a VA facility has caused you harm, but there are strict deadlines you must follow.

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 is a crucial first step - missing this deadline typically means losing your right to pursue a claim altogether. Once you've filed, the VA has six months to investigate and respond to your claim. If they deny your claim or fail to respond within that timeframe, you then have six months to file a federal lawsuit.

In misdiagnosis cases, having an attorney who is also a medical doctor can be invaluable to your case. These specialized professionals can quickly identify where standard medical protocols were breached and understand the long-term implications of delayed or incorrect treatment. They can effectively communicate with your healthcare providers, interpret complex medical records, and explain technical medical concepts to judges and juries in clear, compelling terms.

Through an FTCA claim, you may be able to recover various types of damages. These can include compensation for additional medical treatments needed to correct the misdiagnosis, lost wages and reduced earning capacity, and non-economic damages like pain and suffering. For veterans, this can also include coverage for future medical care related to the misdiagnosis and its complications.

Don't wait to explore your legal options if you suspect you've been misdiagnosed. Many law firms specializing in veteran FTCA claims offer free initial consultations to evaluate your case. During this consultation, an experienced attorney can review your medical records, explain your rights, and help you understand if you have a viable claim. Remember, these cases are complex and time-sensitive - the sooner you seek legal guidance, the better positioned you'll be to protect your rights and secure the compensation you deserve.

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

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