Attorneys for Military Medical Malpractice Claims Related to Doctor Sexual Abuse

Lawyers Helping Patients of Dr. Blaine McGraw File Claims Under the Federal Tort Claims Act

In some cases, patients may be at risk of harm due to mistreatment by medical providers. Doctors who commit sexual abuse against patients should be held responsible for their actions, and patients may take steps to address the harm they have suffered. These types of actions may be necessary for patients who received treatment from Dr. Blaine McGraw, an OBGYN who provided care at the Carl R. Darnall Army Medical Center in Fort Hood, Texas. However, due to the laws and rules that affect medical malpractice claims in the military, patients may be subject to certain restrictions, and they will need to take specific steps to ensure that their claims will be handled correctly.

Dr. McGraw has been accused of sexual assault and sexual harassment against numerous patients. He provided care for members of the military and their spouses for multiple years at Fort Hood, but complaints were also made during the time where he previously worked at Tripler Army Medical Center in Hawaii. He has been accused of touching patients inappropriately, performing pelvic and breast exams when they were not necessary, and taking photographs and videos of patients' private parts without their permission. His alleged actions have the potential to be the largest military sexual abuse scandal in history.

Based on complaints and reports from patients and their spouses, Dr. McGraw has been suspended from duty, and he is being investigated by the Department of the Army Criminal Investigation Division (CID). It has been reported that thousands of pictures and videos of patients have been found. This means that numerous patients may have been mistreated by Dr. McGraw, and they will need to understand how their medical malpractice claims will be handled.

Medical Malpractice Under the Federal Tort Claims Act

When a military doctor engages in actions that may be considered medical malpractice, patients may file claims under the Federal Tort Claims Act (FTCA). These claims may allow patients to hold the United States government responsible for the harm they have suffered due to malpractice. Specific requirements must be met to file claims, including legal forms that provide detailed information about the incident in question and the damages that a person has suffered. Supporting evidence must also be provided, including medical records or other documents related to the treatment that was provided.

or years, a policy known as the Feres Doctrine restricted members of the military from making claims under the FTCA. This doctrine was based on a Supreme Court case from 1950, and it did not allow active-duty service members to file claims for injuries that were "incident to service." FTCA claims could address medical malpractice that affected the dependents of service members, including their spouses or children. However, recent laws have affected eligibility for medical malpractice claims by members of the military. The Richard Stayskal Military Medical Accountability Act of 2019 now allows active-duty service members to file medical malpractice claims for injuries that occurred at military medical facilities.

Under the FTCA and the Stayskal Act, women in the military who suffered abuse at the hands of Dr. McGraw may take steps to address medical malpractice. The spouses or other dependents of service members who received treatment from Dr. McGraw may also be eligible to file medical malpractice claims. However, the FTCA imposes a deadline that requires claims to be filed within two years after the abuse took place or after the discovery of the abuse. Because of this limited window during which claims may be filed, it is important for victims to act quickly and preserve their right to file medical malpractice claims.

Legal Help Addressing Military Medical Malpractice

The process of filing claims under the FTCA can be complex, but with help from an experienced attorney, victims can make sure they follow the correct steps. At Birth Injury Law Alliance, Ltd., we can provide the legal representation needed in these situations, ensuring that the proper forms and documents are filed while evaluating the damages that a person has suffered and advocating for full compensation.

Our team has a history of defending the rights of victims of medical abuse. We have worked with patients of Dr. Mona Ghosh, a provider who engaged in a pattern of healthcare fraud in which she performed unnecessary and invasive procedures on clients at a women's health center in Illinois. Attorney Adam Snyder has also addressed abuse against women who were held in detention facilities in Georgia. With our understanding of the harm that women may suffer due to abuse by doctors and our experience advocating for the rights of victims, we can take steps to address medical malpractice at military facilities.

To learn more about how Birth Injury Law Alliance, Ltd. can assist with cases related to abuse by Dr. Blaine McGraw against members of the military or their loved ones, contact our medical malpractice attorneys at 312-462-4200. We can provide the guidance and support needed to address the harm that was done and ensure that patients and their families will be able to move forward. We are available to work with people located in Texas who received treatment at the medical facility in Fort Hood, and we can also provide representation for people throughout the country who have received treatment from Dr. McGraw and have been affected by sexual abuse.