Medical Malpractice at
James J. Peters VA Medical Center

The James J. Peters VA Medical Center in the Bronx, New York, is a key healthcare facility for veterans in the New York metro area. This major VA center has 331 acute care beds and a 120-bed nursing home, providing comprehensive medical services to veterans from the Bronx, Westchester, Rockland Counties, and Northern New Jersey.

While the facility maintains full accreditation and offers advanced specialty care programs, medical errors and negligence can still occur. Veterans harmed by poor care at this facility can seek compensation through the Federal Tort Claims Act (FTCA). However, these claims involve complex federal regulations and procedures that differ significantly from standard medical malpractice cases.

Our firm's founder, a licensed physician and attorney, offers unique medical and legal expertise for VA medical malpractice claims. This perspective helps us assess medical evidence, find standard of care violations, and present claims under the FTCA's rules.

Established in 1922 as United States Veterans' Hospital No. 81, the James J. Peters VA Medical Center has served veterans for over 75 years. The facility was renamed in 2002 to honor James J. Peters, a veteran and patient advocate who founded several organizations supporting those with spinal cord injuries. Located at the highest point in New York City, this historic campus includes a dedicated medical research building housing the Spinal Cord Damage Research Center.

Today, the medical center operates as a multilevel healthcare Center of Excellence, offering comprehensive services including primary care, specialized surgery, mental health treatment, and rehabilitation. The facility maintains several nationally recognized programs, including comprehensive cancer care, an Alzheimer's disease center, and specialized centers for spinal cord injury and PTSD treatment.

The facility delivers patient care while training medical professionals through its affiliations with Mount Sinai Health System and Icahn School of Medicine. Key specialties include kidney transplantation, cardiology, oncology/hematology, neurology, and mental health services, supported by state-of-the-art diagnostic and treatment capabilities.

• Surgical Errors: Given the facility's extensive surgical programs including transplant, cardiac, and general surgery, operative mistakes can occur. Common issues include wrong-site surgery, post-operative complications, and anesthesia errors. Learn more about surgical malpractice claims →

• Diagnostic Failures: With the complex medical needs of veterans, missed or delayed diagnoses can have severe consequences. This is particularly critical in the facility's cancer, cardiac, and neurological care programs. Learn more about misdiagnosis claims →

• Medication Errors: The complex medication regimens required for transplant patients, psychiatric care, and chronic disease management create opportunities for dangerous medication mistakes. Errors in dosing, drug interactions, or administration can cause serious harm.

• Treatment Delays: Veterans may experience harmful delays in receiving critical care, especially in specialized services like cardiology or cancer treatment. These delays can lead to worsened conditions or complications.

• Post-Surgical Infections: Hospital-acquired infections can occur following surgical procedures or during extended hospital stays. The facility's responsibility includes maintaining proper infection control protocols.

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 a VA facility. This process begins by submitting Standard Form 95 (SF-95) to the appropriate VA Regional Counsel office detailing the injury, circumstances, and damages sought.

Veterans must file their claim within two years of discovering the malpractice or when they should have reasonably discovered it. After filing, the VA has six months to investigate and respond to the claim. If the claim is denied or the six-month period expires without a resolution, you have six months to file a federal lawsuit.

For claims involving the James J. Peters VA Medical Center, attention to detail in the administrative claim is critical. The form must accurately describe the medical care received, the resulting harm, and the specific negligent actions or omissions that caused the injury. Supporting medical documentation should be included with the claim.

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

While FTCA claims follow federal law, certain aspects of New York medical malpractice law may impact your case. New York's statute of limitations for medical malpractice is 2.5 years (N.Y. C.P.L.R. § 214-a), but FTCA claims must still be filed within the federal two-year deadline. Unlike some states, New York does not cap damages in medical malpractice cases, which can affect the compensation available under the FTCA.

For detailed information about how New York law intersects with FTCA claims, visit our guide: Military & VA Medical Malpractice in New York →

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) →
• Buffalo VA Medical Center (Buffalo) →
• Canandaigua VA Medical Center (Canandaigua) →

If you've experienced medical negligence at the James J. Peters VA Medical Center in the Bronx, you need to understand your rights under the Federal Tort Claims Act (FTCA). This special law allows veterans and their families to seek compensation when harmed by negligent medical care at VA facilities, but the process has strict deadlines and requirements you must follow.

You have two years from the date of injury to file an administrative claim using Standard Form 95. This claim must detail the incident, injuries, and damages you're seeking. The VA then has six months to investigate and respond to your claim. Only after receiving a denial letter or waiting six months with no response can you file a federal lawsuit. Missing these deadlines can permanently bar your claim, so it's crucial to act promptly.

For VA medical malpractice cases at the Bronx facility, working with an attorney who is also a medical doctor provides distinct advantages. These specialized professionals can quickly identify deviations from the standard of care, understand complex medical records, and effectively communicate with VA healthcare providers. Their dual expertise helps build stronger cases and typically leads to better outcomes for veterans and their families.

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. If a veteran died due to negligent care, certain family members may be able to pursue wrongful death damages. Unlike private medical malpractice cases, FTCA claims have no caps on compensation, though punitive damages are not allowed.

Don't let concerns about legal fees prevent you from exploring your options. Many attorneys who handle VA medical malpractice cases offer free initial consultations and work on a contingency fee basis, meaning they only get paid if they win your case. If you or a family member received substandard care at the James J. Peters VA Medical Center, contact a qualified doctor-attorney for a free case evaluation. They can review your medical records, explain your rights, and help determine if you have a viable claim worth pursuing.

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 →