Medical Malpractice at
Brockton VA Medical Center

The Brockton VA Medical Center, a vital part of the VA Boston Healthcare System, serves thousands of veterans in Massachusetts and New England. This high-complexity medical facility provides comprehensive services, including specialized cancer care, mental health treatment, and complex surgeries, playing a critical role in caring for our veterans.

Medical errors and negligence can occur at major VA medical centers, despite most veterans receiving appropriate care at this facility. When veterans suffer harm due to substandard care at the Brockton VA Medical Center, they have legal rights under the Federal Tort Claims Act (FTCA) to seek compensation for their injuries and damages.

At the Archuleta Law Firm, our unique combination of medical and legal expertise - including a licensed physician-attorney and on-staff nurse - allows us to thoroughly evaluate potential VA medical malpractice cases. With over 25 years of experience handling FTCA claims nationwide and recovering over $145 million for our clients, we understand the complexities of claims against VA facilities like the Brockton campus.

Established in 1953, the Brockton VA Medical Center operates as a key satellite campus within the VA Boston Healthcare System. Originally the largest VA psychiatric facility in the country, it now provides primary care, specialty services, mental health treatment, and long-term care to veterans across New England.

The historic 140-acre campus south of Belmont Street features over 20 Beaux Arts buildings. Today, it serves as a regional referral center for several specialized programs, including comprehensive cancer treatment, spinal cord injury care, and women's health services. The campus performs over 2,500 endoscopic procedures annually and maintains high-volume specialty clinics in gastroenterology, hematology-oncology, and other disciplines.

The Brockton campus collaborates with Boston University School of Medicine and other major institutions within the VA Boston Healthcare System. The facility maintains designation as a 1a-High Complexity center, reflecting its capability to provide advanced specialty care and complex surgical services to the veteran population.

• Surgical Errors: With its high surgical volume, particularly in cancer and gynecological procedures, surgical mistakes can occur. Common errors include wrong-site surgery, retained surgical items, or post-operative complications. Learn more about surgical malpractice claims →

• Diagnostic Errors: Given the facility's role in cancer treatment and specialty care, delayed or missed diagnoses can have devastating consequences. This is particularly critical in the facility's high-volume oncology and gastroenterology departments. Learn more about diagnosis errors →

• Mental Health Treatment Errors: As a major psychiatric care provider, errors in medication management, suicide risk assessment, or treatment protocols can lead to serious harm. Proper monitoring and appropriate interventions are essential for patient safety.

• Cancer Treatment Mistakes: The facility's comprehensive cancer center handles complex cases where chemotherapy dosing errors, radiation mistakes, or delayed treatment can significantly impact outcomes. These errors often involve multiple departments and providers.

• Spinal Cord Injury Care Complications: The specialized spinal cord injury unit requires precise care protocols. Errors in patient positioning, pressure ulcer prevention, or rehabilitation can lead to serious complications or permanent disability.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim before pursuing a lawsuit for medical malpractice at the Brockton VA Medical Center. This process begins by submitting Standard Form 95 (SF-95) to the appropriate VA Regional Counsel office.

For claims involving care at the Brockton facility, claims should be filed with:

Brockton VA Medical Center 940 Belmont Street Brockton, MA 02301-5596

The FTCA imposes strict deadlines for filing claims. Veterans must submit their administrative claim within two years of discovering their injury. Once the VA receives the claim, they have six months to investigate and make a decision. If the claim is denied or no decision is made within six months, veterans have six months to file a federal lawsuit.

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

Massachusetts state law (M.G.L. c. 260, § 4) typically provides a three-year statute of limitations for medical malpractice claims. However, FTCA claims against the Brockton VA Medical Center must follow the federal two-year deadline regardless of state law. While Massachusetts caps non-economic damages at $500,000 for state malpractice cases, these caps do not apply to FTCA claims against VA facilities.

You must first file an administrative claim using Standard Form 95 with the VA Regional Counsel. This must be done within two years of discovering your injury. Our physician-attorney team can help prepare and file your claim properly.

What is the deadline for filing a claim against Brockton VA Medical Center?

You have two years from the date you discovered (or should have discovered) your injury to file an administrative claim. Missing this deadline can permanently bar your right to compensation.

Can I sue Brockton VA Medical Center directly?

No, you cannot sue the facility or its employees directly. All claims must be filed under the Federal Tort Claims Act (FTCA) against the United States government following specific administrative procedures.

What damages can I recover for malpractice at Brockton VA Medical Center?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to your injury. Unlike state claims, FTCA claims against VA facilities are not subject to Massachusetts damage caps.

Do I need a Massachusetts attorney for my Brockton VA Medical Center claim?

While not required, having an attorney experienced in both FTCA claims and medical malpractice is highly recommended. Our firm's doctor-attorney can evaluate your case from both medical and legal perspectives.

What types of malpractice cases are most common at Brockton VA Medical Center?

Based on the facility's services, common claims involve surgical errors, cancer treatment mistakes, mental health care negligence, and spinal cord injury complications. Each type of case requires specific medical expertise to properly evaluate and pursue.

We also handle medical malpractice cases at these Massachusetts facilities:

• Edith Nourse Rogers Memorial Veterans' Hospital (Bedford) →
• Edward P. Boland VA Medical Center (Leeds) →
• Jamaica Plain VA Medical Center (Boston) →
• West Roxbury VA Medical Center (West Roxbury) →

If you've experienced medical negligence at the Brockton VA Medical Center in Brockton, Massachusetts, you have legal rights under the Federal Tort Claims Act (FTCA). However, pursuing a claim against the VA requires understanding specific deadlines and procedures that differ from standard medical malpractice cases.

You must file your FTCA claim within two years from when you knew or should have known about the injury and its cause. This begins by filing Standard Form 95 with the Department of Veterans Affairs. Once filed, the VA has six months to investigate and respond to your claim. Only after this administrative process can you file a federal lawsuit if your claim is denied or inadequately settled.

When dealing with VA medical malpractice at Brockton VA Medical Center, having an attorney who is also a physician can be crucial to your case's success. A doctor-attorney can better understand complex medical records, identify deviations from the standard of care, and effectively communicate with VA medical experts. They can also help establish the connection between the negligent care you received and your resulting injuries or conditions.

Through an FTCA claim, you may be entitled to recover various damages, including past and future medical expenses, lost wages and earning capacity, and compensation for pain and suffering. For veterans and military families, these damages can also include long-term care costs, medical equipment, and rehabilitation services needed due to the negligent care received at Brockton VA.

Time is critical in these cases, both for preserving evidence and meeting FTCA deadlines. If you or a family member experienced potentially negligent care at the Brockton VA Medical Center, you should consider speaking with an experienced VA medical malpractice attorney. Many firms specializing in VA cases offer free initial consultations to evaluate your claim and explain your legal options. During this consultation, you can learn more about the strength of your case and the potential compensation you might be entitled to receive, all without any upfront cost or obligation.

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

• Massachusetts Surgical Errors Cases →
• Massachusetts Emergency Room Errors Cases →
• Massachusetts Brain Injury Cases →
• Massachusetts Spinal Cord Injury Cases →
• Massachusetts Misdiagnosis Cases →
• Massachusetts Medication Errors Cases →