22 USC 2702 - Malpractice protection

U.S Code last checked for updates: Jan 18, 2025

§ 2702.

Malpractice protection

(a)

Exclusiveness of designated remedies

The remedy—

(1)

against the United States provided by sections 1346(b) and 2672 of title 28, or

(2)

through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under such sections,

for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, nurse, pharmacist, or paramedical (including medical and dental assistants and technicians, nursing assistants, and therapists) or other supporting personnel of the Department of State in furnishing medical care or related services, including the conducting of clinical studies or investigations, while in the exercise of his or her duties in or for the Department of State or any other Federal department, agency, or instrumentality shall 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 his or her estate) whose act or omission gave rise to such claim.

(b)

Defense of civil actions by United States; delivery of process; furnishing of copies of pleadings

(c)

Removal of actions; remand or dismissal; suspension of limitations

(d)

Compromise or settlement of claims

(e)

Inapplicability of section 2680(h) of title 28

(f)

Holding harmless or providing for liability insurance

(g)

Medical care or related service within scope of employment

(Aug. 1, 1956, ch. 841, title I, § 30, as added Pub. L. 96–465, title II, § 2201(a), Oct. 17, 1980, 94 Stat. 2155; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.)

cite as: 22 USC 2702