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The exclusive remedy for patients injured due to medical malpractice by federal employees acting within the scope of their employment is through the Federal Tort Claims Act (FTCA). Under the FTCA, the United States allows claims to be made against it in certain circumstances. However, because the FTCA is a waiver of sovereign immunity, strict compliance with the requirements for filing is necessary in order to preserve your clients' rights to recovery. Failure to be aware of these requirements could leave a plaintiff with little or no redress for his or her injuries.
Filing the Administrative Claim
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.