Medical Malpractice at
Buffalo VA Medical Center

The Buffalo VA Medical Center is at 3495 Bailey Avenue and is the main healthcare facility for veterans across Western New York and parts of northern Pennsylvania. As a major referral center for cardiac surgery, cancer care, and specialized medical services, this facility provides crucial healthcare services to thousands of veterans annually.

The Buffalo VA Medical Center generally meets accepted medical standards, but preventable medical errors and negligence still occur. When veterans suffer harm due to substandard care, they have legal rights under the Federal Tort Claims Act (FTCA) to seek compensation. However, claims against VA facilities involve complex federal regulations and strict deadlines that differ from standard medical malpractice cases.

Our firm brings unique expertise to VA medical malpractice claims through our doctor-attorney leadership. With both medical and legal training, we understand the clinical complexities and federal regulations involved in these cases. Having recovered over $145 million for victims of military and VA medical malpractice, we help veterans navigate the FTCA claim process while providing thorough evaluation of the medical evidence.

The Buffalo VA Medical Center is part of the VA Western New York Healthcare System within VA Health Care Upstate New York (VISN 2). Established in 1950, this facility is a major referral center that provides comprehensive medical, surgical, mental health, and long-term care to veterans throughout the region.

The medical center offers an extensive range of specialized services including cardiac surgery, comprehensive cancer care, neurology, orthopedics, and mental health treatment. The facility maintains high standards as a teaching hospital affiliated with the University at Buffalo School of Medicine, training medical professionals through residency and fellowship programs.

Key departments include emergency services, surgical specialties, cardiology, oncology, mental health, and rehabilitation medicine. Seven community-based outpatient clinics across Western New York coordinate with the facility to provide veterans local access to care. This expansive healthcare network makes the Buffalo VA Medical Center a crucial resource for veteran healthcare in the region.

• Cardiac Surgery Errors: As the regional referral center for cardiac procedures, errors during heart surgery, catheterization, or post-operative care can have devastating consequences. Common issues include surgical mistakes, delayed recognition of complications, and medication errors. birth injury claims → Learn more about surgical malpractice claims →

• Emergency Room Mistakes: The 24-hour emergency department handles critical cases where delayed or incorrect treatment can be life-threatening. Errors often involve missed diagnoses, delayed treatment, or failure to admit patients requiring urgent care. Learn about emergency room malpractice →

• Cancer Misdiagnosis: With comprehensive cancer services, errors in diagnosis, staging, or treatment planning can significantly impact survival rates. Delayed cancer diagnosis or misread imaging studies are common issues. More about diagnosis errors →

• Mental Health Treatment Errors: The facility's mental health services include PTSD and substance abuse treatment. Medication errors, inadequate suicide risk assessment, or premature discharge can have serious consequences.

• Medication Errors: Across all departments, incorrect medication dosing, drug interactions, or administration errors can occur. VA pharmacies handle large prescription volumes, increasing error risk.

Under the Federal Tort Claims Act (28 U.S.C. § 2675), veterans must first file an administrative claim using Standard Form 95 (SF-95) before pursuing litigation. This claim must be properly filed with the VA Regional Counsel office responsible for Buffalo VA Medical Center claims.

The FTCA imposes strict deadlines for filing claims. Veterans must submit their administrative claim within two years of discovering the malpractice. Once filed, the VA has six months to investigate and respond. If the claim is denied or six months pass without a decision, veterans have six months to file a federal lawsuit.

Key documentation required includes:

• Completed SF-95 form
• Medical records supporting the claim
• Evidence of economic damages
• Expert medical opinions

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

New York's standard medical malpractice statute of limitations (CPLR § 214-a) does not apply to FTCA claims against the Buffalo VA Medical Center. Instead, federal law governs these cases. However, New York state law may influence how damages are calculated in FTCA cases filed in federal courts within New York.

Unlike some states, New York does not cap compensatory damages in medical malpractice cases. However, the FTCA prohibits punitive damages against federal facilities. For detailed information about legal requirements, see our New York VA Medical Malpractice Guide →

We also handle medical malpractice cases at these New York facilities:

• Batavia VA Medical Center (Batavia) →
• Bath VA Medical Center (Bath) →
• Brooklyn VA Medical Center (Brooklyn) →
• Canandaigua VA Medical Center (Canandaigua) →
• Castle Point VA Medical Center (Wappingers Falls) →

If you've experienced medical negligence at the Buffalo VA Medical Center, you have the right to pursue compensation through the Federal Tort Claims Act (FTCA). As a veteran or military family member in Western New York, understanding this process is crucial for protecting your rights and securing the compensation you deserve.

Under the FTCA, you must file your claim within two years of when you knew or should have known about the medical negligence. This starts with filing Standard Form 95 with the Department of Veterans Affairs. Once filed, the VA has six months to investigate and respond to your claim. If they deny your claim or fail to respond within six months, you then have six months to file a federal lawsuit.

For VA medical malpractice cases in Buffalo, having an attorney who is also a medical doctor provides a significant advantage. These doctor-attorneys can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA medical experts. They can determine whether your adverse outcome was truly due to negligence rather than an known complication of treatment.

Through an FTCA claim against the Buffalo VA Medical Center, you may be entitled to recover various damages. These can include past and future medical expenses, lost wages and reduced earning capacity, and compensation for physical pain and emotional suffering. In cases involving permanent disability or disfigurement, additional damages may be available to cover long-term care needs and lifestyle modifications.

You served our country honorably, and you deserve quality medical care. If you or a family member experienced substandard care at the Buffalo VA Medical Center, don't wait to explore your legal options. Many law firms that handle VA medical malpractice cases offer free, confidential case evaluations. During this consultation, an experienced attorney can review your situation, explain your rights, and help you understand the strength of your potential claim. There's no obligation, and you pay nothing unless your case is successful.

Remember, while the FTCA process can be complex, you don't have to navigate it alone. Taking action promptly not only protects your rights but also helps hold the VA accountable and prevent similar incidents from happening to other veterans.

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

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