Dept. of Veterans Affairs Sued Under FTCA after Allegedly Delayed Diagnosis

On Thursday a case was filed in the Western District of Pennsylvania by a patient against the United States, the Department of Veterans Affairs, the Veterans Health Administration, and the Erie Veterans Administration Medical Center. The case is regarding a Federal Tort Claims Act and malpractice claim regarding failure to diagnose and malpractice.

The plaintiff was a patient of the Erie Veterans Center as of December 2016. The patient had a family history of cancer and his brother notably died of complications of prostate cancer. The patient actively participated in his physical, but despite this family history, no mention was made of screening, nor was he given any direct examination regarding the genitourinary system. The complaint says that no examination or tests were performed in 2017, and in 2018, testing was performed but not reviewed.

It was not until the patient reported severe symptoms in 2019 that testing was performed and reviewed to discover a Stage IV malignant adenoma that had metastasized to the pelvis and spine. While the patient is receiving treatment, the prognosis is poor due to the delay in testing and diagnosis, according to the filing.

The plaintiff is suing for negligence in failure to diagnose and failure to treat. The plaintiff is represented by Purchase George & Murphy.