§7316 Malpractice and negligence suits: defense by United States

Summary

Makes the United States handle and defend lawsuits for injuries or death caused by certain Veterans’ Administration health-care workers while they are doing their jobs. A “health care employee of the Administration” includes a physician, dentist, podiatrist, chiropractor, optometrist, nurse, physician assistant, expanded‑function dental auxiliary, pharmacist, paramedical staff (like medical and dental technicians, nursing assistants, and therapists), or other supporting personnel. The United States is the remedy under sections 1346(b) and 2672 of title 28, or through other federal benefits that block those remedies. The Attorney General must defend those workers (or their estates) in court. The worker must give any lawsuit papers to their boss or the person the Secretary names, and copies to the U.S. attorney, the Attorney General, and the Secretary in the time the Attorney General sets. If the Attorney General certifies the worker was acting within their job, a state court case can be moved without bond before trial to federal district court and treated as a tort claim against the United States under title 28. The United States then may use the same defenses it would have if sued originally. If a federal court later finds the worker was not acting within their job, the case goes back to state court. The Attorney General may settle claims under section 2677 of title 28. The Secretary may also protect or insure these workers (for personal injury, death, or property damage) when the Secretary thinks it appropriate, especially for foreign assignments, details to States, or other situations that prevent a third party from getting remedies under sections 1346(b) and 2672. Section 2680(h) of title 28 does not block claims for negligent or wrongful acts by these workers when giving medical care, including in clinical studies, while doing their duties.