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INTRODUCTION
PREFACE
Part A.-Professional Liability for Government
SECTION 1 General .
Medical Care
SECTION 2 The Federal Tort Claims Act.
(a) Historical background
(b) Basis of governmental liability
(c) Employee and scope of employment
(d) Statutory exclusions
(1) Discretionary functions
(2) Assault and battery.
(3) False imprisonment.
(4) Misrepresentation
SECTION 3 Personal liability of Public Health Service
employees
(a) Legal rationale.
(b) Doctrine of official immunity
10
(c) Suits against PHS employees
11
(g) Representation of PHS personnel by Department of
Page
SECTION 2 The legal standards of care
(a) The physician's legal duties
(b) The dentist's legal duties
(c) The nurse's legal duties.
(d) The pharmacist's legal duties
(e) Professional conduct creating liability.
(f) Professional conduct held not negligent
21
22
23
24
25
26
(b) Direct, medical influences.
SECTION 3 Prevention of malpractice claims
38
39
67
68
(c) Confidentiality of information
(5) Maintenance of equipment, premises, and supplies.
(6) Malpractice review program.
Part D.-PHS Malpractice Litigation-Policies and
SECTION 1
General
Procedures
(a) Commencement of suit
(b) Agency investigation report
(c) Role of PHS Board of Claims
SECTION 2 Testimony of PHS personnel
(a) Government litigation
(b) Private litigation
SECTION 3
Miscellaneous administrative matters
77
(a) Leave status
(b) Payment of travel expenses and per diem
(c) Inquiries from attorneys
79
Appendixes
APPENDIX A.-PHS Regulations: Part 1-Availability