Pub. L. 100-322, tit. II, pt. A, sec. 203

TORT CLAIMS.

EnactedYear: 1988Length: 320 wordsOfficial source
SEC. 203. TORT CLAIMS. (a) Inapplicability of an Exception Relating to Federal Tort Claims in Medical Malpractice and Negligence Cases.— (1) Section 4116 is amended by adding at the end the following new subsection: “(f) The exception provided in section 2680(h) of title 28 shall not apply to any claim arising out of a negligent or wrongful act or omission of any person described in subsection (a) of this section in furnishing medical care or treatment (including medical care or treatment furnished in the course of a clinical study or investigation) while in the exercise of such person’s duties in or for the Department of Medicine and Surgery.”. (2) The amendment made by paragraph (1) shall apply with respect to claims as to which a final judgment has not been rendered as of the date of the enactment of this Act. (b) Increased Authority To Adjust Tort Claims Administratively.— (1) Subchapter II of chapter 3 is amended by adding at the end the following new section: “§ 223. Administrative settlement of tort claims “(a) Notwithstanding the limitations contained in section 2672 of title 28, the Administrator may settle any claim for money damages 102 STAT. 510against the United States cognizable under section 1346(b) or 2672 of title 28 or section 4116 of this title to the extent the authority to do so is delegated to the Administrator by the Attorney General. Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for money damages against the United States. “(b) For purposes of this subsection, the term ’settle‘, with respect to a claim, means consider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allowance or by disallowance.”. (2) The table of sections at the beginning of chapter 3 is amended by inserting after the item relating to section 222 the following: “223. Administrative settlement of tort claims.”.
Pub. L. 100-322, tit. II, pt. A, sec. 203: TORT CLAIMS. | Justis AI