A bill to amend title 10 of the United States Code, 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.

Summary

Provides for an exclusive remedy against the United States in suits based upon medical malpractice on the part of active duty military personnel. States that the Attorney General shall defend or settle in a manner provided by law any civil action or proceeding brought in any court against any person referred to in this Act (or his estate) for any such damage or injury. Provides for the removal to a United States District Court of any proceeding brought in a State court upon a certification by the Attorney General that the defendant was acting in the scope of his employment in or for the Department of Defense or any other Federal department, agency, or institution at the time of the incident out of which the suit arose. Authorizes the Secretary of Defense to hold harmless or provide liability insurance for any active duty military medical personnel for personal injury or death negligently caused by such personnel acting within the scope of his employment.

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1 official file

• Introduced in House

  summary · EN · 11 March 1974

  Open at official source

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