General Medical Officer (GMO) Manual: Administrative Section

JAG Manual Investigations

Department of the Navy
Bureau of Medicine and Surgery

Administrative Investigations

Chapter II of the Manual of the Judge Advocate General (JAGMAN) identifies substantive and procedural requirements for the conduct of certain types of administrative investigations. The type of incident under investigation and the primary purpose for which the investigation is convened will dictate investigation requirements.

JAGMAN § 0252 governs investigations of incidents that arise out of the delivery of health care in military treatment facilities. There are a number of incidents or events that require a health care investigation, including:

• When a claim has been filed against the United States, its officers, or its employees as a result of a health care incident.
• When a death or a potentially compensable event occurs where the adequacy of health care rendered by Government employees or in a military treatment facility is reasonably an issue.
• When necessary to assist decisions concerning the delivery of health care.
• JAGMAN health care investigations are separate and distinct from quality assurance investigations commonly conducted by the staff of military treatment facilities for quality assurance purposes. These investigations are therefore not entitled to the privileges accorded quality assurance documents under Title 10 United States Code § 1102.
• The scope, content, and routing of the different types of JAGMAN investigations are in the manual and applicable implementing instructions. Commands should routinely consult local Navy judge advocates whenever an incident or event occurs that appears likely to result in claims or civil litigation either for or against the Department of the Navy or the United States.

Reference

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