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| | Disabled American Veterans (DAV) - Legislative and Voters Section - rule_1151_021003 (Site not responding. Last check: 2007-10-21) |
 | | The remaining terms in 38 U.S.C. 1151, i.e., "carelessness", "negligence", "lack of proper skill", and "similar instances of fault", all unambiguously refer to circumstances where VA medical providers have failed to exercise due care in providing medical services. |
 | | Therefore, in proposed § 3.361(d)(1)(i), we interpret 38 U.S.C. 1151 as providing entitlement to benefits if VA, in furnishing hospital care, medical or surgical treatment, or examination, fails to exercise the degree of care that would be expected of a reasonable health care provider in furnishing hospital care, medical or surgical treatment, or examination. |
 | | Section 1151 authorizes benefits for disabilities caused by medical care furnished "either by a Department employee or in a Department facility." Again these two alternatives necessarily cover treatment by a VA employee in or out of a VA facility and treatment by a non-VA employee in a VA facility. |
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