LBJ Employee Malpractice Coverage PDF Print E-mail

We have a unique system here in American Samoa, it is similar to the protections physicians employed by the United States Veterans Administration receive.

Residents of American Samoa are entitled to free health care. LBJ is the sole source of health care for the Territory, and as a consequence, all of our physicians are employees of LBJ and the American Samoa Government.

American Samoa Law at Section 43.1207 states that American Samoa government employees are immune from suit under the doctrine of governmental immunity. That means that LBJ, more specifically the American Samoa Government as an entity, can be sued for alleged acts of negligence, but individual physicians are immune from suit. That doesn't mean individuals couldn't be named in a lawsuit against LBJ. It means that in the unlikely event that would occur, the Attorney General would file a Motion with the Court and have the physicians name removed from the pleadings.

The physician’s exposure for negligence is limited to being named as a witness, which carries no liability (other than the inconvenience of depositions and the like). That also means that when physicians leave American Samoa they don't need to worry about tail coverage because the immunity covers them for any claims that arise from acts allegedly committed during their tenure at LBJ.

 

Last Updated on Thursday, 25 June 2009 19:52