Code of Federal Regulations · Section
§ 536.80 — Payment Of Costs, Settlements, And Judgments Related To Certain Medical Malpractice Claims
32 C.F.R. § 536.80
(a) General. Costs, settlements, or judgments cognizable under 10 U.S.C. 1089(f) for personal injury or death caused by any physician, dentist, nurse, pharmacist, paramedic, or other supporting personnel (including medical and dental technicians, nurse assistants, therapists, and Red Cross volunteers of the Army Medical Department (AMEDD), AMEDD personnel detailed for service with other than a federal department, agency, or instrumentality and direct contract personnel identified in the contract as federal employees), will be paid provided that:
(1) The alleged negligent or wrongful actions or omissions occurred during the performance of medical, dental, or related health care functions (including clinical studies and investigations) while the medical or health care employee was acting within the scope of employment.
(2) Such personnel furnish prompt notification and delivery of all process served or received and other documents, information, and assistance as requested.
(3) Such personnel cooperate in the defense of the action on its merits.
(b) Requests for contribution or indemnification. All requests for contribution or indemnification under this section should be forwarded to the Commander USARCS for action, following the procedures set forth in this subpart.
Authorizing Statute
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Defense of certain suits arising out of medical malpractice10 U.S.C. § 1089
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Settlement: final and conclusive10 U.S.C. § 2735
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Cooperation with other Government agencies39 U.S.C. § 411
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Art. 139. Redress of injuries to property10 U.S.C. § 939
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Property loss; personal injury or death: advance payment10 U.S.C. § 2736
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Definition10 U.S.C. § 2731
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Definitions10 U.S.C. § 4801
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Defense of certain suits arising out of legal malpractice10 U.S.C. § 1054
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Final decisions of district courts28 U.S.C. § 1291