Virginia VA & Military Misdiagnosis Malpractice Attorneys

When Virginia veterans and military families seek medical care at VA medical centers and military treatment facilities, they trust that their symptoms will be properly evaluated and diagnosed. Misdiagnosis in federal healthcare facilities often stems from delays, missed conditions, and incorrect diagnoses, leading to worsened health and preventable deaths.

The VA Office of Inspector General reports that diagnostic errors cause many adverse events in VA healthcare, particularly cancer misdiagnosis. At the Archuleta Law Firm, our founding attorney is both a licensed attorney and a medical doctor, bringing unmatched expertise to medical and legal complexities of misdiagnosis cases.

If you or a loved one suffered harm due to misdiagnosis at a Virginia VA or military facility Virginia birth injury attorneys, you have legal rights under the Federal Tort Claims Act (FTCA). These claims require specialized knowledge of federal law and medical standards—expertise that our doctor-attorney team provides to families across Virginia.

• Failure to Order Appropriate Diagnostic Tests: Physicians violate care standards when they don't order necessary tests, potentially missing critical conditions like cancer or heart disease.

• Misinterpretation of Test Results: Incorrect readings of tests can lead to missed diagnoses of serious conditions.

• Inadequate Patient History and Physical Examination: Rushing through appointments or failing to conduct thorough physical examinations can cause doctors to miss critical symptoms and signs that would lead a competent physician to the correct diagnosis.

• Communication Failures Between Providers: Patients suffer when test results or critical information doesn't reach the appropriate physician, and conditions worsen without treatment.

• Cognitive Bias and Premature Closure: Physicians may anchor on an initial impression or common diagnosis without considering alternative possibilities, failing to follow differential diagnostic protocols that the medical standard of care requires.

• Understaffing and Time Pressures: Excessive patient loads and inadequate staffing can lead to rushed evaluations and shortcuts in the diagnostic process that fall below acceptable medical standards.

Our firm represents clients who suffered misdiagnosis at major VA medical centers and military treatment facilities throughout Virginia. These large, complex medical centers handle thousands of patients and perform numerous diagnostic procedures where errors can occur.

Major facilities where we handle cases include:

• Richmond VA Medical Center (Richmond) - This major VA medical center serves thousands of veterans and handles complex diagnostic cases where misdiagnosis can have serious consequences.
• Hampton VA Medical Center (Hampton) - A significant VA facility serving the Hampton Roads area, where diagnostic errors in emergency and specialty care settings frequently occur.
• Naval Medical Center Portsmouth (Portsmouth) - This major military medical center treats active duty personnel and their families, with emergency and specialty departments where misdiagnosis cases arise.
• Fort Belvoir Community Hospital (Fort Belvoir) - A modern military treatment facility where complex diagnostic procedures and emergency care can sometimes result in missed or delayed diagnoses.

View all Virginia VA & Military Facilities

• Your symptoms clearly matched a serious condition that was missed despite obvious warning signs
• Test results showed abnormalities that were overlooked or misinterpreted by medical staff
• Multiple healthcare providers dismissed your concerns without proper investigation
• You were told your condition was minor, but later discovered you had cancer or another serious illness
• Critical test results were lost, delayed, or never communicated to your treating physician
• Your condition significantly worsened due to delayed treatment that should have started earlier
• A second opinion revealed a serious diagnosis that should have been caught during your initial evaluation

Economic Damages

Misdiagnosis cases often result in substantial financial losses that continue for years or even a lifetime. Economic damages in Virginia misdiagnosis cases may include:

• Additional medical treatment costs for advanced disease that could have been prevented with early diagnosis
• Costs of more aggressive treatments like chemotherapy, radiation, or major surgery that early intervention could have avoided
• Lost wages and diminished earning capacity due to worsened medical condition
• Lifetime care costs for permanent disabilities resulting from delayed treatment
• Rehabilitation and physical therapy expenses
• Prescription medication costs for ongoing treatment of advanced conditions

Non-Economic Damages

Virginia law also recognizes compensation for the human impact of misdiagnosis:

• Physical pain and suffering from advanced disease and more invasive treatments
• Emotional distress and anxiety from learning about missed opportunities for early treatment
• Loss of enjoyment of life due to disability or reduced life expectancy
• Impact on family relationships and quality of life

Virginia-Specific Considerations

Under Virginia Code § 8.01-581.15, Virginia imposes a cap on total medical malpractice damages that applies to all damages combined—both economic and non-economic. For injuries occurring in 2025, the cap is $2.55 million, increasing to $2.70 million for injuries between July 1, 2025 and June 30, 2026. Unlike most states that cap only non-economic damages, Virginia's cap applies to the total recovery including medical bills and lost wages. However, FTCA claims are governed by federal law, which may affect how Virginia's damage caps apply to cases against VA and military facilities.

Virginia Legal Requirements for Misdiagnosis Claims

Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), misdiagnosis claims against VA and military facilities must be filed within two years of when the claim accrues. Claims accrue when the plaintiff knows or should have known both the existence and cause of the injury. Virginia state law provides a two-year statute of limitations for medical malpractice claims, but FTCA claims follow federal timing requirements.

Virginia requires a certificate of merit for medical malpractice cases, meaning a qualified medical expert must review the case and determine that the standard of care was breached. In misdiagnosis cases, this typically requires an expert in the same medical specialty to explain what a competent physician should have diagnosed and when.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), you have two years from when you discovered or should have discovered both your injury and its cause to file a claim against a VA or military facility. This federal law governs rather than Virginia's state medical malpractice statute.

You may recover both economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress). Virginia Code § 8.01-581.15 caps total malpractice damages, but federal FTCA claims may be governed by different rules.

Virginia's damage cap applies to total recovery including all medical expenses and lost wages, unlike other states. For 2025, the cap is $2.55 million. However, FTCA cases against federal facilities may be subject to different damage limitations under federal law.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligent misdiagnosis by military medical personnel. The claim is filed against the government, not the individual physician.

Yes, Virginia requires expert medical testimony to establish that the standard of care was breached in misdiagnosis cases. The expert must be qualified in the same medical specialty and able to explain what a competent physician should have diagnosed.

FTCA claims typically take 18-36 months to resolve, depending on the complexity of the medical issues and the government's response. The administrative claim process must be completed before any lawsuit can be filed in federal court.

Cancer misdiagnosis is one of the most serious forms of medical malpractice. If a VA physician failed to diagnose cancer despite clear symptoms or test results, you may have a strong FTCA claim for the progression of disease that could have been prevented with early detection.

Yes, if misdiagnosis led to a preventable death, surviving family members can file wrongful death claims under the FTCA. Virginia law determines which family members can recover and what damages are available in federal wrongful death cases.

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

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

Virginia VA Malpractice Information

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

Other Virginia Case Types We Handle

• Virginia Surgical Errors Cases
• Virginia Emergency Room Errors Cases
• Virginia 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 Virginia, 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 there are strict deadlines you must follow 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 is a mandatory first step - you cannot file a lawsuit until you've completed this administrative process. Once you submit your claim, the VA has six months to investigate and respond. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

Having an attorney who is also a medical doctor can be invaluable in misdiagnosis cases. These specialized professionals can quickly identify where the standard of care was breached and understand the complex medical evidence needed to prove your case. They can review your medical records with both legal and medical expertise, determine if proper diagnostic protocols were followed, and effectively communicate how the misdiagnosis impacted your health outcomes.

Through an FTCA claim, you may be able to recover various damages, including past and future medical expenses, lost wages and reduced earning capacity, and compensation for pain and suffering. For veterans, this can include additional costs of private medical care needed to correct the misdiagnosis, rehabilitation expenses, and the impact on your military benefits or retirement plans.

Don't wait to explore your legal options. Many law firms specializing in VA medical malpractice offer free, confidential case evaluations to help you understand if you have a viable claim. During this consultation, an experienced attorney can review your medical records, explain the FTCA process in detail, and help you determine the best path forward. Remember, these cases are complex and time-sensitive - seeking professional legal guidance early can make a significant difference in protecting your rights and securing the compensation you deserve.

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

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