employees operating more and more vehicles, planes, and so forth, and having more
and more accidents. Eventually, Congress intervened with the passage of this law.
b. Scope of the The Federal Tort Claims Act. The US may be held liable
(under state law) for negligent acts (of federal employees acting within the scope of
employment) in the same manner that a private person would be held liable. This
means that the government employee must have been doing his job; that is, doing the
business of his employer at the time of the accident (although he may have been doing
it negligently or poorly). In other words, if you are a government health care provider,
you are covered by this law when doing your job, even if you prescribe the wrong
medication, fill the wrong prescription, or otherwise negligently perform your duties.
c. Exceptions to The Federal Tort Claims Act Liability.
(1) Most intentional torts. As a general rule, employees who commit
intentional torts; i.e., conversion or assault and battery, are not performing the
government's business at the time anyway. Employees who commit intentional torts are
not normally acting within the scope of their employment.
(2) Claims arising in foreign countries. Although excluded by the FTCA
itself, this doesn't mean that the doctor who injures someone overseas is not protected.
Under 10 USC 1089 (as applied by our claims regulation, AR 27-20), the doctor who
acts overseas will be protected by the same immunity that protects those who act within
the US. In other words, we get to the same result, but via a slightly different road.
d. Proper Claimants Under the The Federal Tort Claims Act
(1) The public at large. As an example, Fort Sam Houston is an open post.
Particularly during events like the 4th of July celebration or Armed Forces Week, vast
numbers of civilians come onto our installations.
(2) Military family members/dependents. This would include those injured in
military medical facilities.
(3) Retirees from military service. These are persons who sustained injuries
while on active duty and are now retired from either time served on active duty or for
medical reasons.
(4) The Feres rule-non-liability to Soldiers. In Feres v. United States (1950),
the, Supreme Court held: "The Government is not liable under the Federal Tort Claims
Act for injuries to servicemen where the injuries arise out of or are in the course of
activity incident to service." "Incident to service" is a very broad term, which essentially
applies to the soldier who is on duty or on post, or performing the government's mission
at the time of the tort. It applies when the soldier:
(a)
is performing official duties; or
MD0033
1-9
Previous Page
