Report: Alleged negligence at Buffalo VA Medical Center caused delays in care

BUFFALO, N.Y. (WIVB) — Many patients who were treated at the Buffalo VA Medical Center experienced delays in treatment due to alleged negligence within the hospital, a report released on Friday stated.

The report details multiple patients, all veterans, who went to the VA for treatment, mostly in 2022 and 2023, and had significant delays in treatment.

"Community care staff’s delays in scheduling patients’ radiation therapy and neurosurgery appointments resulted in delays in care and, in some cases, either caused or increased the risk of patient harm," the report states.

A common theme among cases is the veterans getting a community care consult placed and then waiting months to get a consult scheduled. The VA has a required seven-day scheduling requirement, but in many cases veterans did not get a consult scheduled until 200 or more days following the initial community care consult.

In one case in 2022, a veteran was diagnosed with cancer in the esophagus, which had spread into other multiple parts of their body. The patient and their spouse tried to schedule a radiation therapy appointment for over two months, but the appointment was never scheduled. The patient died while awaiting radiation therapy, 75 days after the community care consult was placed.

In another case that took place in late 2022 and early 2023, it took a total of 301 days for a consult to be scheduled for a patient in their 20s who was evaluated for a seizure disorder, one that hospitalized the patient anywhere from two to six times a month, the report states.

Another patient's consult took a total of 285 days to be scheduled in 2022 due to vision issues. Another patient who was at "extreme risk" for stroke did not have care provided for blood treatment for nine months.

A study on the VA began in March 2023 after the VA's office of Inspector General received a complaint that alleged that the system at the hospital had a backlog of nearly 3,000 consults for a number of services, including oncology, radiation oncology and neurosurgery services. This meant, the report states, that patients with "serious" health conditions were forced to wait long periods of time to receive the care they needed.

That allegation was "partially substantiated" in May 2023, while the VA still had nearly 500 backed up cases. The VA was forced to use employee overtime and "scheduling stand downs" to reduce the number of patients waiting.

The OIG also said that leaders at the VA failed to "resolve concerns about high-risk consults," "respond timely once appointment scheduling delays were identified" and "disclose adverse events."

"The OIG found that communication failures at the Buffalo VA resulted in veterans and their loved ones being left in the dark about their own care and treatment plans, further eroding trust and increasing distress," the report said.

In August, VA healthcare system director Michael Swartz and chief of staff Phillipe Jaoude were both "immediately transferred" out of their positions pending the result of the investigation. Swartz had been in his position since July 2018 and Jaoude had been in his since January 2021.

Republican Congressman Nick Langworthy (NY-23) said in a statement on Friday that he spoke to VA undersecretary Dr. Shereef Elnahal, who said there will be a disciplinary hearing for those responsible.

"This report reveals a horrifying level of negligence that resulted in veterans experiencing significant delays in the care they desperately needed," Langworthy said in a news release Friday. "This is not about a lack of resources—this is about sheer incompetence from leadership at the Buffalo VA that left veterans to suffer and, in some cases, lose their lives."

Democratic Congressman Tim Kennedy (NY-26) was in agreement that changes need to be made at the VA.

“The egregious neglect and failure of the Buffalo VA leadership outlined in this report is infuriating and inexcusable," Kennedy said in a statement Friday. "Their repeated inattention to provider and patient outcries has led to American heroes being abandoned by a system meant to serve and protect them. This is a complete disgrace and a betrayal to the women and men who have made incredible sacrifices to safeguard our nation."

Kennedy is also calling for a Congressional investigation by the House Veterans' Affairs Committee to look into the VA.