Arkansas Legal Resource Navigator

12-62-405. Immunity of medical personnel from malpractice suits.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-62-405. Immunity of medical personnel from malpractice suits.

12-62-405. Immunity of medical personnel from malpractice suits. (a) No physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, of the National Guard shall be liable for damages for personal injury, including death caused by negligence or wrongful acts or omission of any such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, while acting within the scope of his or her duties while on official duty as a member of the National Guard. (b) Any person seeking damages from a physician, dentist, nurse, pharmacist, paramedical, or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, of the National Guard shall seek the remedies provided against the United States by 28 U.S.C. § 1346(b) if the cause of action arose while the member of the National Guard was in federal service or by filing a claim against the State of Arkansas if the alleged acts were performed by the member of the National Guard while on official state service.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-62-405

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:12-62-405
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1a9680b0c0e1e9e13e4a82b639431395497d773aed224355ab0d7e4512eb98ad

Source location: content.xml paragraph 17396

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12-62-405. Immunity of medical personnel from malpractice suits. (a) No physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, of the National Guard shall be liable for damages for personal injury, including death caused by negligence or wrongful acts or omission of any such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, while acting within the scope of his or her duties while on official duty as a member of the National Guard. (b) Any person seeking damages from a physician, dentist, nurse, pharmacist, paramedical, or other supporting personnel, including medical and dental technicians, nursing assistants, and therapists, of the National Guard shall seek the remedies provided against the United States by 28 U.S.C. § 1346(b) if the cause of action arose while the member of the National Guard was in federal service or by filing a claim against the State of Arkansas if the alleged acts were performed by the member of the National Guard while on official state service.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1346 — United States as defendant

**(a)** The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of: (1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws; (2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort, except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections 7104(b)(1) and 7107(a)(1) of title 41. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States. **(b)** (1) Subject to the provisions of chapter 171 of this title, the district courts, together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and afte

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1346

Stored review status: release_metadata_unconfirmed. The source passage cites 28 U.S.C. § 1346. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1346 — United States as defendant

Page 374 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1345 be commenced, where in it appears that the sole question touching the title to office arises out of denial of the right to vote, to any citizen offer- ing to vote, on account of race, color or previous condition of servitude. The jurisdiction under this section shall ex- tend only so far as to determine the rights of the parties to office by reason of the denial of the right, guaranteed by the Constitution of the United States and secured by any law, to enforce the right of citizens of the United States to vote in all the States. (June 25, 1948, ch. 646, 62 Stat. 932.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(15) (Mar. 3, 1911, ch. 231, § 24, par. 15, 36 Stat. 1092). Words ‘‘civil action’’ were substituted for ‘‘suits,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Words ‘‘United States Senator’’ were added, as no reason appears for including Representatives and ex- cluding Senators. Moreover, the Seventeenth amend- ment, providing for the popular election of Senators, was adopted after the passage of the 1911 law on which this section is based. Changes were made in phraseology. § 1345. United States as plaintiff Except as otherwise provided by Act of Con- gress, the district courts shall have original ju- risdiction of all civil actions, suits or pro- ceedings commenced by the United States, or by any agency or officer thereof expressly author- ized to sue by Act of Congress. (June 25, 1948, ch. 646, 62 Stat. 933.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. 20, 1940,

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1346

Stored review status: historical_2024_not_currentness_verified. The source passage cites 28 U.S.C. § 1346. This identifies an authority to review, not proof of applicability.