**§14.601 Investigation and development.**

\(a\) *Development of untoward incidents.*

\(1\) A report of any collision involving a Government-owned vehicle
which results in property damage or personal injury or death will be
made by the operator of the Government vehicle immediately following the
accident, on SF 91, *Operator's Report of Motor Vehicle Accident*, and
shall be submitted to the Director of the facility involved. A copy of
said report, accompanied by an executed copy of VA Form 2162, *Report of
Accident,* will be promptly submitted by the Director to the appropriate
Regional Counsel, who will authorize such additional investigation as
the circumstances of the case may warrant. Forms required by other
agencies will continue to be used in addition to VA Form 2162.

\(2\) (i) Any incident resulting in damage to, or loss of, property,
other than personal effects of a patient in a Department of Veterans
Affairs facility, or in personal injury or death, due apparently or
allegedly to the negligent or wrongful act or omission of an employee of
the Department of Veterans Affairs acting within the scope of his or her
office or employment, or damage to or loss of Government-owned property
caused by other than a Department of Veterans Affairs employee acting
within the scope of his or her office or employment, will be immediately
reported. The Director of the facility where such occurrence took place
will promptly transmit a copy of the report to the appropriate Regional
Counsel who will authorize such additional investigation as the
circumstances of the case may warrant.

\(ii\) Where the incident involves the loss of personal effects of a
patient in a Department of Veterans Affairs facility, the Director will
assist the patient in completing an SF 95, *Claim for Damage, Injury, or
Death*, and will advise the patient that it will be forwarded
immediately to the appropriate Regional Counsel for consideration. The
Director will forward along with the claim a brief summary of the facts,
as well as his or her recommendation, to the Regional Counsel. The
Regional Counsel will expedite the processing of claims of this nature.

\(3\) An employee will be designated at each facility to investigate
motor vehicle collisions and other incidents involving damage to, or
loss of privately owned property or personal injury or death, apparently
or allegedly resulting from the negligent or wrongful act or omission of
an employee of the Department of Veterans Affairs acting within the
scope of his or her employment, other than investigation of alleged
malpractice, or damage to or loss of Government-owned property caused by
other than Department of Veterans Affairs employees. In Central Office,
the designation will be made by the Director of Support Service, Office
of the Assistant Secretary for Human Resources and Administration, and
at all other facilities, by the Director.

\(4\) The Regional Counsel for the area in which a field facility is
located will be responsible for processing claims involving motor
vehicle collisions and other occurrences resulting in property damage,
personal injury, or death, within such area. The Baltimore Regional
Counsel will also have jurisdiction, except as otherwise provided in
paragraph (a)(3) of this section over incidents occurring in Department
of Veterans Affairs Central Office.

\(b\) *Development of medical malpractice claims*. In medical
malpractice cases, the Regional Counsel may refer a claim to the Under
Secretary for Health via the Director, Medical-Legal Affairs for review
and for professional opinion or guidance. In the consideration of claims
involving a medical question, the responsible Regional Counsel involved
and the General Counsel will be guided by the views of the Under
Secretary for Health as to the standard of medical care and treatment,
the nature and extent of the injuries, the degree of temporary or
permanent disability, the prognosis, the necessity for future treatment
or physical rehabilitation, and any other pertinent medical aspects of a
claim.

(Authority: 28 U.S.C. 2671-2680; 38 U.S.C. 512, 515; 28 CFR part 14,
appendix to part 14)

\[42 FR 41414, Aug. 17, 1977, as amended at 61 FR 7216, Feb. 27, 1996;
61 FR 27784, June 3, 1996; 64 FR 47112, Aug. 30, 1999\]

**Supplement *Highlights* references**: 15(5), 36(1).