Military medicine is built on precision, trust, and discipline. Service members depend on healthcare providers to make swift, accurate medical decisions—often under pressure. But beneath the surface of this disciplined system lies an often-overlooked problem: cognitive bias in diagnosis and treatment. When military doctors overlook or dismiss atypical symptoms—especially in female or minority service members—the result can be delayed diagnoses, improper treatment, and, in some cases, preventable death.

At Khawam Ripka LLP, we’ve seen how these cases unfold. Behind each story is a veteran or active-duty service member who wasn’t believed, wasn’t tested, or was told that their symptoms were “in their head.” In this blog, we’ll explore how cognitive bias contributes to malpractice in military healthcare, what legal protections exist, and what steps victims can take to seek justice.

Understanding Cognitive Bias in Military Medicine

Cognitive bias refers to mental shortcuts or assumptions that influence decision-making. In healthcare, it often manifests as anchoring (clinging to an initial impression), confirmation bias (seeking information that supports one’s assumptions), or stereotyping based on gender, race, or perceived toughness.

Within the military system—where chain of command, efficiency, and stoicism are emphasized—these biases can thrive. For example:

• Female service members complaining of chest pain might be told it’s anxiety rather than a cardiac event. 
• Black or Hispanic patients reporting pain may receive lower doses of pain medication due to outdated assumptions about “pain tolerance.” 
• Asian or Native American patients with autoimmune or metabolic disorders may face delayed testing due to lack of awareness of condition prevalence in specific populations. 

In a system where readiness is everything, these biases can lead to missed diagnoses, under-treatment, or denial of necessary medical evacuations.

When Bias Becomes Malpractice

Bias alone is not always malpractice—but when it leads to a failure to meet medical standards of care, it becomes legally actionable.

For example:

• A military doctor dismisses recurring neurological symptoms in a female soldier as stress-related, failing to order imaging that would have revealed multiple sclerosis. 
• A minority service member’s post-deployment fatigue and pain are attributed to “adjustment issues” rather than early kidney failure. 
• A pregnant servicewoman is misdiagnosed due to inadequate consideration of gender-specific medical risks during deployment. 

In each of these situations, the provider’s negligence stems not from lack of skill—but from biased clinical judgment. When bias causes measurable harm, it falls under the scope of medical malpractice and may be pursued under the Federal Tort Claims Act (FTCA).

The Role of the Federal Tort Claims Act (FTCA)

The Federal Tort Claims Act allows military retirees, veterans, and dependents to sue the federal government for negligence by federal employees, including military medical personnel.

Under the FTCA, a plaintiff must show:

1. The provider owed a duty of care. 
2. That duty was breached through negligent or substandard conduct. 
3. The breach directly caused harm. 
4. The patient suffered quantifiable damages (medical costs, pain, lost income, or disability). 

When cognitive bias influences medical decision-making—leading to misdiagnosis, delayed treatment, or permanent injury—the FTCA can be a pathway to accountability and compensation.

How Bias Manifests in Military Malpractice Cases

1. Misdiagnosis and Delayed Diagnosis

Studies show that women and minorities are more likely to be misdiagnosed for heart attacks, autoimmune diseases, and chronic pain conditions. In the military system, this is amplified by the high demand for return-to-duty evaluations. If a patient’s symptoms don’t fit the textbook definition, they may be sent back to work prematurely—without proper testing.

2. Documentation and Dismissal

Bias can also appear in the medical record. Providers may write “exaggerated symptoms,” “somatic complaints,” or “inconsistent reports,” which undermines credibility and affects future care. This form of bias can haunt a patient across multiple facilities.

3. Disparities in Treatment and Referral

Military doctors may fail to refer female or minority patients to specialists as quickly as their counterparts, especially for cardiac, neurological, or reproductive concerns. In malpractice terms, delayed referrals can form the foundation of a negligence claim.

Proving Malpractice in Bias-Driven Cases

Bias-related malpractice is challenging to prove because the negligence often hides behind subjective clinical judgment. To build a strong claim under the FTCA, your legal team must identify:

• Deviation from medical standards: Did the provider fail to order tests or follow protocols another competent provider would have pursued? 
• Pattern evidence: Do the records show a pattern of dismissing or minimizing the patient’s complaints? 
• Comparative cases: Were other patients with similar symptoms but different demographics treated differently? 
• Expert testimony: Independent medical experts can help establish that bias—not reasonable medical judgment—led to harm. 

A qualified attorney will work to obtain the full medical record, cross-analyze notes for language indicating bias, and consult experts who can testify on the standard of care.

Barriers Victims Face When Seeking Justice

Limited Access to Records

Military and VA healthcare records may be incomplete, fragmented, or mislabeled. Missing data makes proving a bias-related failure even harder.

Institutional Resistance

The Department of Defense and VA may argue that diagnostic decisions were “reasonable under the circumstances,” even when evidence shows otherwise.

Emotional Toll

Many victims of medical bias experience guilt, shame, or self-doubt—wondering if they “should have pushed harder.” These emotions can discourage them from seeking justice.

At Khawam Ripka LLP, we understand how overwhelming it can be to challenge the system. That’s why we guide clients step-by-step, from initial medical review through the FTCA filing process, ensuring their voices are finally heard.

Compensation for Victims of Bias-Driven Malpractice

If successful, an FTCA claim can provide compensation for:

• Corrective medical treatment or surgeries 
• Lost income or diminished career potential 
• Emotional distress and pain 
• Long-term disability or reduced quality of life 

While the FTCA doesn’t allow punitive damages, settlements in bias-based malpractice cases can be significant—especially when the negligence led to irreversible injury or death.

Conclusion: Equal Care Is Not Optional—It’s the Law

Cognitive bias is not just a psychological flaw—it’s a form of systemic negligence when it endangers the lives of those who serve. Female and minority service members deserve the same level of attention, respect, and clinical diligence as anyone else in uniform.

At Khawam Ripka LLP, we fight for fairness in military medicine. Our team has experience exposing bias in diagnostic records, securing justice under the FTCA, and restoring dignity to those harmed by unequal care.

👉 Visit ForTheMilitary.com or call us today for a confidential consultation. Don’t let cognitive bias or bureaucratic silence define your recovery.
You served your country with honor—now let us serve you with justice.