UPR003526-15 Manual 2942.0 SHSM Vol I DRAFT master

28 / 138

28
DoDEA School Health Services Manual 2942.0 Volume 1 Revised: 2016 DRAFT
The Agency is not aware of any judgments rendered against individual DoDEA
employees arising from work-related concerns. Nevertheless, an employee who
remains a named party defendant in the lawsuit, regardless of whether he or she is
represented by the DoJ, is personally responsible for the satisfaction of a judgment
rendered solely against the employee. There is no right to compel indemnification from
the United States or any agency thereof, such as the DoD, in the event of an adverse
judgment. DoDEA employees concerned about their exposure to possible personal
liability may wish to obtain professional liability insurance. When purchasing
professional liability insurance, the nurse should ensure that the carrier will cover
nursing practice in the employment locality.
Where multiple defendants make representation by a single attorney impossible,
retention of private counsel at government expense may be authorized, provided the
scope and interest criteria have been satisfied and funds are available. See 28 C.F.R. §
50.15(a)(10) and 50.16.
As a practical matter, if a party wishes to sue a nurse or the DoD, Federal law
prohibits the processing of that action in the Federal courts until after the plaintiff has
exhausted all administrative rights. This means that most such legal actions must be
filed as claims under the Federal Tort Claims Act, if the matter originates in the U.S., or
under the Military Claims Act if the matter originates overseas. Such actions rarely
make it into the Federal courts. Thus, the most important guidance provided above is
that, the employee immediately contact the DoDEA Office of the General Counsel upon
any notice or receipt of any document that purports to bring an employee before any
court or administrative body, seeks information for use in such a forum, or appears to
allege wrongdoing by the employee or the Federal Government.
Reference:
Department of Justice, 28 C.F.R. § 50.15, available at:
C-7 Consent for Health Services
When the sponsor/parent/guardian enrolls their dependent in a DoDEA school,
he or she acknowledges, by signing DoDEA Form 700 – Consents and Authorizations,
the extent to which the school will assist his/her dependent in the event he or she
becomes ill or injured. The consent also covers care provided for medical emergencies.
A medical emergency would include any event that requires prompt treatment and not
just a condition that is life threatening. All reasonable efforts should be made to locate
at least one sponsor/parent/guardian when emergency treatment is necessary. Should