Guam § 6301 - Maximum Limits of Governmental Liability.

§ 6301. Maximum Limits of Governmental Liability.

(a) In all cases, neither line agencies nor autonomous

agencies nor the government of Guam shall be liable for interest

prior to the date of judgment, nor for any punitive damages, nor

for attorney’s fees of the claimant; provided, that attorney’s fees

may be awarded a successful claimant as part of a final court

judgment if the court finds that suit was filed only because the

government of Guam failed to act upon the claim before the

expiration of the time specified in § 6208(b) of this Chapter and

such failure resulted from failure to investigate the claim.

(b) The government of Guam, in the case of line agencies,

shall be liable in tort for not more than Two Hundred Thousand

Dollars ($200,000) in an action for wrongful death, nor for more

than Five Hundred Thousand Dollars ($500,000) in any other

tort action.

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(c) Each autonomous agency shall be liable for torts

committed by it for not more than the amounts stated in

subsection (b), above.

(d) (1) In the case of the Guam Memorial Hospital

Authority, it shall also be liable in tort, not to exceed the

limits stated in subsection (b), above, for damages arising

from negligent acts of Government Health Professionals

performed within facilities operated by said Authority as

agents of the government of Guam at the request of the

Government or performed at the private medical facility of

a private physician acting as a Government Health

Professional for follow up care to a house patient limited to

specific treatment for the condition(s) medically diagnosed

by the physician or the Emergency Room physician while

treating House Patients at the Guam Memorial Hospital.

Government Health Professionals shall be considered agents

of the government of Guam within the meaning of §6212 of

this Chapter.

(2) Government Health Professionals performing

services in government facilities other than those operated

by the Guam Memorial Hospital Authority shall be

considered agents of the line department or autonomous

agency they serve.

(3) A Government Health Professional is any person

who is licensed or certified to practice a healing art in Guam

and

(A) is practicing that art within a government of

Guam facility as an agent of the government of Guam;

or

(B) performing follow up care to a House Patient

within a private medical facility, which follow up care

is limited to specific treatment for the condition(s)

medically diagnosed by the physician or the

Emergency Room physician while treating the House

Patient at the Guam Memorial Hospital.

(4) Government Health Professionals, including

independent contractors serving as agents of the

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government and government employees covered under the

provisions of the Government Claims Act, shall not be

liable for more than the amount stated in Subsection (b).

Any award against the government employer as herein

provided bars further award from the Health Professional or

the government employee in the same cause of action for

injuries arising out of the same acts or omissions unless:

(A) to the extent that any liability of the

government of Guam or all other government agencies,

(including, but not limited to, all instrumentalities,

autonomous agencies, semiautonomous agencies,

public corporations), is covered by a policy or policies

of insurance, the government waives the limitation of

liability found in Title 5 of the Guam Code Annotated,