Washington VA & Military Misdiagnosis Malpractice Attorneys

When Washington veterans and military families seek medical care at VA medical centers and military hospitals, they deserve accurate diagnoses that lead to proper treatment. Unfortunately, misdiagnosis—including delayed diagnosis, failure to diagnose, and incorrect diagnosis—remains a significant problem at federal medical facilities throughout Washington state.

The Department of Veterans Affairs Office of Inspector General reports that diagnostic errors cause significant preventable harm in VA facilities nationwide. At the Archuleta Law Firm, our founding attorney brings a unique perspective to these complex cases as both a licensed attorney and medical doctor—providing unmatched expertise in understanding both the medical standards of care and the legal requirements for proving negligence.

If you or a loved one suffered harm due to misdiagnosis at a Washington VA medical center or military hospital, you have legal rights under the Federal Tort Claims Act (FTCA). These federal claims require specialized knowledge of both medical standards and federal procedures to pursue successfully.

• Failure to Order Appropriate Diagnostic Tests: Physicians who don't order necessary tests or specialist consultations often miss critical conditions or diagnose them too late for effective treatment.

• Misinterpretation of Test Results: Radiologists, pathologists, and other specialists who incorrectly read diagnostic images, biopsy samples, or laboratory values can lead to wrong diagnoses that delay proper treatment and worsen patient outcomes.

• Inadequate Patient History Taking: Failing to obtain a complete medical history, family history, or properly document patient symptoms can result in missed diagnostic clues that would have led to the correct diagnosis.

• Communication Failures Between Providers: Delayed or missed diagnoses often occur when treating physicians don't receive critical test results, specialist recommendations, or patient information.

• Failure to Consider Differential Diagnoses: Physicians who anchor on an initial impression without considering other possible conditions that could explain the patient's symptoms may miss serious conditions that require immediate treatment.

• Inadequate Follow-up on Abnormal Findings: When healthcare providers fail to properly follow up on abnormal test results or patient symptoms that don't improve as expected, serious conditions can progress without appropriate intervention.

Our firm represents patients who suffered misdiagnosis at major federal medical facilities throughout Washington state, where complex cases and high patient volumes can sometimes lead to diagnostic errors.

Major Washington Federal Medical Facilities:

• Madigan Army Medical Center (Tacoma): As the largest military medical center in the Pacific Northwest, Madigan's high volume of complex cases across multiple specialties can sometimes lead to diagnostic errors in oncology, cardiology, and emergency medicine.

• VA Puget Sound Health Care System (Seattle): This major VA medical center serves thousands of veterans annually, and diagnostic errors can occur across its multiple specialties including oncology, neurology, and internal medicine.

• Naval Hospital Bremerton: This naval medical facility provides care to active duty personnel and their families, where misdiagnosis in emergency medicine and primary care can have serious consequences.

• Fairchild Air Force Base Medical Clinic (Spokane): Military treatment facilities like Fairchild provide primary care where failure to diagnose or refer serious conditions can result in delayed treatment.

View all Washington VA & Military Facilities

• Your symptoms were clearly documented but the physician failed to order standard diagnostic tests typically used to rule out serious conditions
• Test results showed abnormal findings that were not properly followed up or communicated to you or your treating physician
• You were diagnosed with a minor condition despite presenting classic symptoms of a more serious disease
• Multiple healthcare providers gave you conflicting diagnoses without adequate explanation or additional testing
• Your condition continued to worsen despite treatment, but no one reconsidered the original diagnosis or ordered additional tests
• A specialist later determined that standard diagnostic procedures were not followed during your initial evaluation
• Critical family history or risk factors that should have prompted additional testing were ignored or not documented
• Emergency room physicians discharged you with a minor diagnosis despite symptoms that typically require immediate investigation for serious conditions

Washington misdiagnosis victims may recover compensation for all financial losses directly caused by the diagnostic error, including additional medical treatment costs for the delayed or missed condition, prescription medications and medical equipment needed due to disease progression, lost wages during extended treatment and recovery periods, reduced earning capacity if the delayed diagnosis resulted in permanent disability, costs of ongoing rehabilitation services and physical therapy, and transportation expenses for medical appointments and treatments necessitated by the misdiagnosis.

Patients can also receive compensation for pain and suffering caused by the delayed diagnosis and worsened condition, emotional distress from learning that a correct diagnosis could have prevented complications, reduced enjoyment of life due to lasting impairment, and the negative effects on family relationships and overall quality of life.

Washington law (RCW 7.70.010 et seq.) does not limit medical malpractice awards, meaning FTCA claims may recover full compensation for all proven damages. However, federal FTCA claims are governed by federal law, which applies the law of the state where the malpractice occurred. Washington's comparative fault rule (RCW 4.22.005) may reduce damages if the patient's own actions contributed to the harm, though this rarely applies in misdiagnosis cases where the fault typically lies entirely with the healthcare provider's failure to meet diagnostic standards.

Statute of Limitations: Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), you must file your administrative claim within two years of when the misdiagnosis occurred or when you reasonably should have discovered the negligence. Washington's discovery rule may extend this deadline in cases where the misdiagnosis was not immediately apparent, but the federal two-year deadline is strictly enforced once the claim accrues.

Expert Witness Requirements: Washington requires expert medical testimony in misdiagnosis cases under RCW 7.70.040 to establish the standard of care and prove that the defendant's actions fell below acceptable medical standards. For FTCA cases, you must present evidence that the federal healthcare provider's diagnostic approach deviated from what a reasonably competent physician would have done under similar circumstances.

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

Under the Federal Tort Claims Act (28 U.S.C. § 2401(b)), you have two years from the date of the misdiagnosis or when you reasonably discovered the negligence to file your administrative claim. Washington's discovery rule may apply, but federal courts strictly enforce FTCA deadlines, making early consultation with an attorney crucial.

Washington does not cap medical malpractice damages under RCW 7.70.010, so FTCA claims can recover full compensation including all medical expenses, lost wages, future care costs, pain and suffering, and loss of enjoyment of life. The total award depends on the severity of harm caused by the delayed or missed diagnosis.

Washington has no damage caps for medical malpractice under state law, and since FTCA claims apply the law of the state where the malpractice occurred, there are no artificial limits on compensation for misdiagnosis cases at Washington federal facilities.

You cannot sue individual military doctors personally, but you can file an FTCA claim against the United States government for negligence by federal healthcare providers. Active duty service members face additional restrictions under the Feres doctrine, though recent changes may allow some claims.

Yes, Washington law (RCW 7.70.040) requires expert medical testimony to prove the standard of care and establish that misdiagnosis constituted negligence. Your expert must demonstrate that a competent physician would have made the correct diagnosis under similar circumstances.

FTCA cases typically take 12-36 months, beginning with a six-month administrative review period after filing your Standard Form 95. If the government denies your claim, federal court litigation can add another 1-3 years depending on case complexity and the extent of damages.

Misdiagnosis cases focus on whether the healthcare provider followed proper diagnostic protocols and considered appropriate differential diagnoses. These cases often require detailed analysis of medical records, diagnostic imaging, and laboratory results to prove that standard diagnostic procedures were not followed.

Yes, under Washington's wrongful death statute (RCW 4.20.010), surviving family members can file FTCA wrongful death claims when misdiagnosis leads to preventable death. These claims may recover damages for loss of support, companionship, and funeral expenses.

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

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

Washington VA Malpractice Information

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

Other Washington Case Types We Handle

• Washington Surgical Errors Cases
• Washington Emergency Room Errors Cases
• Washington 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 Washington, 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 time limits 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 deadline is absolute - missing it means losing your right to compensation forever. Once you file 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 how it impacted your health outcome. They understand both the legal requirements for proving medical negligence and the complex medical issues involved in your case, which is essential when challenging the medical decisions made by VA healthcare providers.

Through an FTCA claim, you may be entitled to recover various damages, including all medical expenses related to treating the condition that was misdiagnosed, both past and future. You can also claim lost wages and reduced earning capacity if the misdiagnosis affected your ability to work. Additionally, you may receive compensation for pain and suffering, emotional distress, and loss of enjoyment of life resulting from the medical error.

Don't wait to explore your legal options. Many law firms specializing in veteran FTCA claims offer free, confidential case evaluations to help you understand your rights and the strength of your case. 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 - the sooner you speak with a qualified attorney, the better positioned you'll be to protect your rights and seek the compensation you deserve.

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

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