§ 2702. — Malpractice protection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2702]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 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
The United States Government shall defend any civil action or
proceeding brought in any court against any person referred to in
subsection (a) of this section (or his or her estate) for any such
damage or 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 may be determined by the Attorney
General, all process served upon him or her or an attested true copy
thereof to whomever was designated by the Secretary to receive such
papers. 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 proceeding is brought, to the Attorney General,
and to the Secretary.
(c) Removal of actions; remand or dismissal; suspension of limitations
Upon a certification by the Attorney General that the defendant was
acting within the scope of his or her employment in or for the
Department of State or any other Federal department, agency, or
instrumentality 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
except that where such remedy is precluded because of the availability
of a remedy through proceedings for compensation or other benefits from
the United States as provided by any other law, the case shall be
dismissed, but in that event, the running of any limitation of time for
commencing, or filing an application or claim in, such proceedings for
compensation or other benefits shall be deemed to have been suspended
during the pendency of the civil action or proceeding under this
section.
(d) Compromise or settlement of claims
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) Inapplicability of section 2680(h) of title 28
For purposes of this section, the provisions of section 2680(h) of
title 28, shall not apply to any tort enumerated therein arising out of
negligence in the furnishing of medical care or related services,
including the conducting of clinical studies or investigations.
(f) Holding harmless or providing for liability insurance
The Secretary may, to the extent he deems appropriate, hold harmless
or provide liability insurance for any person to whom the immunity
provisions of subsection (a) of this section apply, for damages for
personal injury, including death, negligently caused by any such person
while acting within the scope of his or her office or employment and as
a result of the furnishing of medical care or related services,
including the conducting of clinical studies or investigations, if such
person is assigned to a foreign area or detailed for service with other
than a Federal agency or institution, or if the circumstances are such
as are likely to preclude the remedies of third persons against the
United States provided by sections 1346(b) and 2672 of title 28, for
such damage or injury.
(g) Medical care or related service within scope of employment
For purposes of this section, any medical care or related service
covered by this section and performed abroad by a covered person at the
direction or with the approval of the United States chief of mission or
other principal representative of the United States in the area shall be
deemed to be within the scope of employment of the individual performing
the service.
(Aug. 1, 1956, ch. 841, title I, Sec. 30, as added Pub. L. 96-465, title
II, Sec. 2201(a), Oct. 17, 1980, 94 Stat. 2155; renumbered title I, Pub.
L. 97-241, title II, Sec. 202(a), Aug. 24, 1982, 96 Stat. 282.)
Effective Date
Section effective Feb. 15, 1981, except as otherwise provided, see
section 2403 of Pub. L. 96-465, set out as a note under section 3901 of
this title.
Section Referred to in Other Sections
This section is referred to in section 2509 of this title.
