(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.(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 thegovernment 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,
§6301; provided, that the government shall not be liable in damages for tort in any amount which exceeds
the coverage of insurance and the limitation of liability
contained in 5 GCA §6213; or

(B) the Court finds that the agent or the government employee was acting outside the scope of her/his employment.

SOURCE: GC § 6500.13 as amended by P.L. 13-116 (Dec. 24, 1975). Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.30. Codified as 5 Guam Code Ann.