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DoDEA School Health Services Manual 2942.0 Volume 1 Revised: 2016 DRAFT
National Association of School Nurses Position Statement, “Nursing Delegation to
Unlicensed assistive Personnel in the School Setting”, 2014. Available at:
Role of the School Nurse: School Sponsored Trips (Issue Brief). (2012). Silver
Spring, Maryland: National Association of School Nurses. Available at:
School Nursing A Comprehensive Text, Second Edition, 2013. Selekman, Janice,
Editor. F. A. Davis Company, Philadelphia, PA.
C-6 Liability and Malpractice Protection
What to Do in the Event of a Lawsuit or the Receipt of a Subpoena or
Summons, a Claim, Interrogatories, or Other Legal Papers
Lawsuits are initiated when the plaintiff serves a notice on the defendant that a
legal action has been filed with a court. An employee of DoDEA could be served with
notice of such a lawsuit naming the school and/or the employee as a defendant. An
employee could also be served with a subpoena or other summons to appear as a
witness in a case in which the employee is not a named as the defendant. A subpoena
could place the employee in a position of testifying in a case in a manner that violates
DoD policy on the release of information in a litigation.
It is imperative that DoDEA employees immediately contact the DoDEA Office of
the General Counsel upon receipt of a lawsuit, summons or subpoena, claim,
interrogatories, or any legal process that relates to their official duties. The service of
such legal documents starts the clock running on deadlines the employee (and DoD or
the United States) must meet to ensure the protection of their respective legal rights.
Prompt legal guidance is critical to preparing an appropriate defense.
When a lawsuit is filed against a DoDEA employee in his or her personal capacity
but the lawsuit alleges facts that are related to the employee’s duties, the DoDEA Office
of the General Counsel will counsel the employee to ensure that he or she understands
his or her rights and the procedures related to the lawsuit. The DoDEA Office of the
General Counsel will assist the employee prepare paperwork asking the U.S.
Department of Justice (DoJ) to provide guidance in the litigation.
Every individual defendant who desires DoJ representation must request it in
writing. DoJ representation is neither automatic nor compulsory; Federal employees
are free to retain counsel of their choice at their own expense. The DoDEA Office of