Full Committee Consideration of H.R. 3954, to Provide for an Exclusive Remedy Against the United States in Suits Based Upon Medical Malpractice on the Part of Active Duty Military Medical Personnel, and for Other Purposes: Hearings Before the Committee on Armed Services, House of Representative, Ninety-fourth Congress, First Session, Monday, June 23, 1975, 5. sējumsU.S. Government Printing Office, 1975 - 6 lappuses |
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action or proceeding AESS LIBRARY amend title apply to assault ARMED SERVICES ARY ARY assault and battery Attorney based upon medical battery arising BENNETT California CHAIRMAN CHARLES KRUSE CHARLES WILSON civil action COMMITTEE ON ARMED CONGRE LIBRARY CONGRES HE LIBRARY CONGRESS GRESS CONGRESS LIBRARY CONGRESS OF CONGRESS CONGRESS THE LIBRARY CONSIDERATION OF H.R. DAN DANIEL DANIEL Department of Defense Department of Justice embracing the place exclusive remedy Federal Tort Claims FULL COMMITTEE CONSIDERATION GRESS THE LIBRARY HOGAN hold harmless KAZEN language law suit LIBRARY OF CONGRES LIBRARY OF CONGRESS LIBRARY OF LIBRARY LIBRARY RES line 24 malpractice and negligence malpractice area malpractice or negligence medical malpractice month which begins Nedzi nurse paramedical personal injury pharmacist physician Professional Staff Member provide liability insurance RARY OF CONGRESS RESS Secretary of Defense strike the words subcommittee subsection SUITS BASED supporting personnel title 28 Tort Claims Act TREEN United States Code
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2. lappuse - 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 him or...
2. lappuse - General that the defendant was acting in the scope of his 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...
1. lappuse - ... supportive, medically related services or duties in or for the Department of Defense an immunity from civil suit and personal liability for acts of alleged medical malpractice performed within the scope of their employment. This would be accomplished by the provision in the bill which, in substance would make the remedy against the United States under the Federal Tort Claims Act, the exclusive remedy for claims for money damages for personal injury, or death, arising from alleged malpractice...
1. lappuse - AND FOR OTHER PURPOSES HOUSE OF REPRESENTATIVES, COMMITTEE ON ARMED SERVICES, Washington, DC, Monday, March, 9, 1959.
4. lappuse - Mr. HOGAN. I'm satisfied, Mr. Daniel, yes. Mr. DAN DANIEL. I would like to say one other thing, Mr. Chairman, and that is, we in the subcommittee placed an emergency clause on this bill so it will take effect immediately upon its signature, rather than 3 months later as indicated in the original...
2. lappuse - ... are some 20 suits being handled by the Department of Justice where 37 military physicians and other related personnel are being sued personally. These cases have caused considerable concern in the services, and this bill would solve the personal liability problem and relieve such personnel of tlis apparent requirement to purchase malpractice insurance. "I urge favorable committee action on the bill with the recommended amendments.
4. lappuse - Yes, sir. The problem here is, for the information of the other members of the committee, that the language of the Federal Tort Claims Act bars a claim or suit for assault and battery. In this particular section, the law would allow it only in the malpractice area. The CHAIRMAN. Mr. Kazen. Mr.
4. lappuse - This is the same language including personnel of the Veterans' Administration if I understand. They have had no trouble with it. Mr.
2. lappuse - The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection...