Indian Health Service and Tribal health care providers should take advantage of the following resources.
Risk Management and the Federal Tort Claims Act
Lessons Learned from the IHS and Tribal Health Care Medical Malpractice Tort Claim Experience
An article from the June 2008 issue of The IHS Primary Care Provider
Processing Federal Malpractice Tort Claims and Reporting to the National Practitioner Data Bank
An article from the October 2005 issue of The IHS Primary Care Provider
- FTCA coverage compared to malpractice insurance (IHS memo, 2008)
- IHS memo to Area Directors and Chief Medical Officers, 2004
- IHS memo to health care providers, 2004
- Authority to use personal service contracts and how the FTCA would cover their services (HHS memo, 1997)
- FTCA coverage for health services performed in community settings (IHS memo, 2008) Clarification of the extent of FTCA coverage (two memos)
- FTCA document requests to be completed within 45 days (IHS memo, 2010)
A doctor has the common law duty to get the knowledgeable, or informed, consent of a patient or legal representative before a procedure. Different states have different informed consent standards. Learn more in Section IV of the Risk Management Manual.
Standard of Care
- National Practitioner Data Bank
The National Practitioner Data Bank contains a practitioner’s licensure, professional society memberships, medical malpractice payment history, and record of clinical privileges.
Credentialing and Privileging
- Indian Health Service Medical Staff Credentialing and Privileging Guide [PDF - 1.5 MB]
- Medical Credentials and Privileges Review Process
This chapter of the Indian Health Manual assists medical staffs and governing bodies of the Indian Health Service, Tribal, and urban health care facilities in carrying out their responsibilities to carefully credential and privilege all medical staff members.