Understanding the Federal Tort Claims Act
Law

Federal Tort Claims Act coverage, which extends to “638 contract and grant” tribes and tribal organizations, can minimize your tribe’s exposure to lawsuits and allows you to negotiate for substantial reductions in your tribe’s insurance premiums. But to qualify for coverage, your tribe must comply with federal regulations, such as appointing a federal tort claims coordinator to report requirements to funding agencies and cooperating in claims settlements.

Through hands-on case studies and practical step-by-step exercises, our instructor will guide you through the required reporting and record-keeping responsibilities of filing a tort claim. You’ll receive Falmouth Institute’s acclaimed Desk Guide to Federal Tort Claims, which includes a complete set of forms that can be used to file claims.

Topics that will be covered include:

Tort Law History of tort law Federal Tort Claims Act (FTCA) Action in trespass Negligence Breach of duty Res Ipsa Loquitur Actual cause Proximity cause Damages Insurance Types of insurance coverage: –– Liability –– Property –– Malpractice -- Automobile Secretary’s dilemma FTCA limitations Within scope of authority Common law doctrine Definition of “outside scope” Personal liability of tribal employees Preventive measures Case study Sovereign Immunity Tribal immunity Local governments State governments Federal immunity An attribute of government The Regulations 25 CFR §§ 900.180-210

Federal Tort Claims Act History Public Health Services Act Medical malpractice Retroactive coverage Subcontractors Related functions Recovery from third parties Case study Medical Malpractice Established standards of care Informed consent Preventive measures National Practitioners Data Bank Filing and Processing Federal Tort Claims Solicitor’s or general counsel’s role in tort claims Processing procedures Non-medical claims: –– Law enforcement issues –– Automobile accidents –– Negligence –– Injuries Filing instructions Patient care Reporting requirements Employees covered by FTCA Contract provisions Non-covered events — when the Justice Department does not defend Payment of claims Sample forms Case study