Understanding the Federal Tort Claims Act
for Tribal Organizations

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 be provided with a complete set of sample forms that will walk you through filing claims.

T O P I C S   I N C L U D E
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
  • 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

*Topics subject to change.

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