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B-114839 1 (1979-01-25)

handle is hein.gao/gaobadgwc0001 and id is 1 raw text is: FILE: B-114839 DATE: January 25, 1979 MATTER OF: Governor of Canal Zone Gov nt- uthority - Ca;al-Zn Coe 71o indemni 7 rnment jhysician for damages aTd :?Ti wit- DIGEST: malpractice suft brougt against him in his personal capacity. - 1. Section 271, title 2, of Cgnalloutaode does not authorize Governor of Canal Zone Government to indemnify Government <--7physician for damages paid in connection with malpractice suit bro ht against him in his ers6nalf 5capac:tThrf- acts 2. Pursuant to 28 U.S.C. § 2680(k), Federal Tort Claims Act does not apply to claims arising in foreign countries, thereby exposing to personal liability Government medical personnel who perform negligent acts in foreign countries, or under other circmstances not cognizable under the Act. 3. Absent/specific protective legislation authorizing heads of Government agencies to hold harmless or provide liability insurance for medical personnel for negligent acts arising out of the performance of their official duties in a foreign country, these employees (including medical personnel of the Canal Zone Government) are subject to personal liability for such acts. This is in response to a eques from the Governor of the Ca Government that we urnish an advisory opinion on whether the foe19LX_0 h _eag1 _Zoq is authorized, y section 271 of title 2 of the Canal Zone Code, as amended, 8 Stat. 1973 (1975), to indeif a physician for damages paid by im (whether pursuant to judgment or settlement) in connection wit a malpractice sut rising outofhis emloym whth e Cna~nlZoeovernmn -t For the reasons set forth below, we believe that the Governor is not so authorized. A civil action was filed in the United States District Court for the District of the Canal Zone against a physician employed by the aIal Zone Government (an independent agency of the United States Government), alleging negligence in providing medical treatment aad seeking $15,000 in damages against the physician in his personal capacity. Neither the United States nor the -rME CD0MPTRD'LLER GENERAL oF -rHE UNITE13 STATES ~5WASHINGTON, 0. C. 20548 t 1 1 DECISIDVA4