10 U.S.C. § 1089 : US Code - Section 1089: Defense of certain suits arising out of medical malpractice

Search 10 U.S.C. § 1089 : US Code - Section 1089: Defense of certain suits arising out of medical malpractice

(a) The remedy against the United States provided by sections
1346(b) and 2672 of title 28 for damages for personal injury,
including death, caused by the negligent or wrongful act or
omission of any physician, dentist, nurse, pharmacist, or
paramedical or other supporting personnel (including medical and
dental technicians, nursing assistants, and therapists) of the
armed forces, the National Guard while engaged in training or duty
under section 316, 502, 503, 504, or 505 of title 32, the
Department of Defense, the Armed Forces Retirement Home, or the
Central Intelligence Agency in the performance of medical, dental,
or related health care functions (including clinical studies and
investigations) while acting within the scope of his duties or
employment therein or therefor shall hereafter be exclusive of any
other civil action or proceeding by reason of the same subject
matter against such physician, dentist, nurse, pharmacist, or
paramedical or other supporting personnel (or the estate of such
person) whose act or omission gave rise to such action or
proceeding. This subsection shall also apply if the physician,
dentist, nurse, pharmacist, or paramedical or other supporting
personnel (or the estate of such person) involved is serving under
a personal services contract entered into under section 1091 of
this title.
(b) The Attorney General shall defend any civil action or
proceeding brought in any court against any person referred to in
subsection (a) of this section (or the estate of such person) for
any such injury. Any such person against whom such civil action or
proceeding is brought shall deliver within such time after date of
service or knowledge of service as determined by the Attorney
General, all process served upon such person or an attested true
copy thereof to such person's immediate superior or to whomever was
designated by the head of the agency concerned to receive such
papers and such person shall promptly furnish copies of the
pleading and process therein to the United States attorney for the
district embracing the place wherein the action or proceeding is
brought, to the Attorney General and to the head of the agency
concerned.
(c) Upon a certification by the Attorney General that any person
described in subsection (a) was acting in the scope of such
person's duties or employment at the time of the incident out of
which the suit arose, any such civil action or proceeding commenced
in a State court shall be removed without bond at any time before
trial by the Attorney General to the District Court of the United
States of the district and division embracing the place wherein it
is pending and the proceeding deemed a tort action brought against
the United States under the provisions of title 28 and all
references thereto. Should a United States district court determine
on a hearing on a motion to remand held before a trial on the
merits that the case so removed is one in which a remedy by suit
within the meaning of subsection (a) of this section is not
available against the United States, the case shall be remanded to
the State court.
(d) The Attorney General may compromise or settle any claim
asserted in such civil action or proceeding in the manner provided
in section 2677 of title 28, and with the same effect.
(e) For purposes of this section, the provisions of section
2680(h) of title 28 shall not apply to any cause of action arising
out of a negligent or wrongful act or omission in the performance
of medical, dental, or related health care functions (including
clinical studies and investigations).
(f)(1) The head of the agency concerned may, to the extent that
the head of the agency concerned considers appropriate, hold
harmless or provide liability insurance for any person described in
subsection (a) for damages for personal injury, including death,
caused by such person's negligent or wrongful act or omission in
the performance of medical, dental, or related health care
functions (including clinical studies and investigations) while
acting within the scope of such person's duties if such person is
assigned to a foreign country or detailed for service with other
than a Federal department, agency, or instrumentality or if the
circumstances are such as are likely to preclude the remedies of
third persons against the United States described in section
1346(b) of title 28, for such damage or injury.
(2) With respect to the Secretary of Defense and the Armed Forces
Retirement Home Board, the authority provided by paragraph (1) also
includes the authority to provide for reasonable attorney's fees
for persons described in subsection (a), as determined necessary
pursuant to regulations prescribed by the head of the agency
concerned.
(g) In this section, the term "head of the agency concerned"
means -
(1) the Director of Central Intelligence, in the case of an
employee of the Central Intelligence Agency;
(2) the Secretary of Homeland Security, in the case of a member
or employee of the Coast Guard when it is not operating as a
service in the Navy;
(3) the Armed Forces Retirement Home Board, in the case of an
employee of the Armed Forces Retirement Home; and
(4) the Secretary of Defense, in all other cases.