PPT-Federal Tort Claim Act

Medical Malpractice Program CY 2014 Application Technical Assistance February 28 2013 Christopher Gibbs JD MPH Sharon Zang PhD RN LPC Amelia Broussard PhD RN MPH Office of Quality and Data. FTCA I. History. Traditional Sovereign Immunity. US Constitution. "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." U.S. Const. art. I, § 9. . All compensation had to be by private bills. Tort Trials and Verdicts in Large Counties, 2003 Note: Data for litigant pairings were available for 99.3% of all tort trials, 99.2% of automobiletrials, and 99.4% of all non-automobile tort trials Version . 1. 2-25-14. CONTROLLED UNCLASSIFIED INFORMATION. Fully Developed Claim (FDC) Program: Procedures & Advantages. Elements of the FDC program. FDC program vs. standard claims process. VA’s duty to notify and duty to assist claimants . Medical Malpractice . Program. CY 2014 Application Technical Assistance. February 26, 2013. Christopher Gibbs, JD, MPH. Sharon . Zang. , PhD, RN, LPC. Amelia Broussard, PhD, RN, MPH. Office of Quality and Data. By. Waseem I. khan. Assistant Professor. Shri Shivaji Law College, Parbhani, Maharashtra. contact: waseemikhan03@gmail.com. Introduction. Discharge of tort exist when the liability in tort comes to an end. Federal Tort Claims Act. History. Traditional Sovereign Immunity. "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." U.S. Const. art. I, § 9. . 5. th. . Amendment . FTCA and Bivens. History. US . Constitution. "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." U.S. Const. art. I, § 9. . Traditional Sovereign Immunity. FTCA and Bivens. History. US Constitution. "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." U.S. Const. art. I, § 9. . Traditional Sovereign Immunity. Takings Exception. Federal Tort Claims Act. History. Traditional Sovereign Immunity. "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." U.S. Const. art. I, § 9. . 5. th. . Amendment . Wrongs for which the wrongdoer can be sued.. A person who punches another person and injures them can be sued for the tort of . battery. A doctor that performs a surgery on a patient and amputates the wrong leg can be sued for the tort of . Version . 1. 2-25-14. CONTROLLED UNCLASSIFIED INFORMATION. Fully Developed Claim (FDC) Program: Procedures & Advantages. Elements of the FDC program. FDC program vs. standard claims process. VA’s duty to notify and duty to assist claimants . Suing for Damages for Claims Arising from National Security Matters 1 Non-Damage Claims Injunctive relief – most of what we seen in cases challenging national security actions. Brought under the Administrative Procedure Act and/or the Constitution. Suing the Federal Government FTCA and Bivens History US Constitution "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." U.S. Const. art. I, § 9. Traditional Sovereign Immunity Who receives the FEGLI life insurance benefits? The law states that FEGLI benefits will be paid in the following manner: If the deceased did not assign ownership and there is no valid court order on f