ATTENTION #TARGETEDINDIVIDUALS See previous post: This guidance is generally sound for drafting allegations, but for an FTCA administrative claim you should be careful about where these characterizations appear. Re: Best Placement Statement of Facts Use observable conduct and specific actions, not conclusions about motive. Strong factual drafting: Claimant alleges that adverse events continued after repeated communications of nonconsent and requests for cessation. Claimant alleges that responsible persons failed to provide informed-consent documentation, waiver determinations, or records identifying the authority under which the activity was conducted. Claimant alleges that records concerning protocol approval, oversight, adverse events, and corrective actions have not been produced despite repeated requests. Avoid in the Statement of Facts: "malicious" "evil" "ill-minded" "oppressive" "bad faith" (unless tied to specific facts) speculation regarding a person's motives
 Causes of Action This is where terms such as: intentional conduct
 willful misconduct conscious disregard reckless indifference bad faith
 fit best. For example, under Count I or any negligence/intentional-tort theory: If the alleged conduct is substantiated, Claimant alleges that continuation of the activity after notice of nonconsent, notice of injury, and demands for cessation constitutes evidence of willful misconduct, conscious disregard of foreseeable risks, reckless indifference to bodily autonomy and safety, and bad-faith disregard of applicable consent requirements. That formulation ties the characterization to facts already alleged. Prayer for Relief / Administrative Demand If you retain strong language such as: malicious oppressive intentional injury cruel disregard the most defensible location is here, and only conditionally: To the extent evidence demonstrates intentional injury, malicious conduct, oppression, fraud, bad faith, or conscious disregard for known risks, Claimant requests that the agency identify the responsible persons, preserve all related records, and refer the matter for appropriate administrative, professional, regulatory, contractual, or criminal review. This avoids asserting unproven motive as established fact. Specific Application I would place language concerning: willful misconduct reckless indifference conscious disregard bad-faith concealment continuation after notice of nonconsent failure to comply with mandatory consent requirements
 immediately after Absence of Informed Consent in IV. Causes of Action. It fits naturally between: 1. Absence of Informed Consent and IV. Claimant's Statement Concerning 45 C.F.R. Part 46, 32 C.F.R. Part 219, DoDI 3216.02, Common Rule, Belmont Principles, and Related Federal Conduct because that section is already analyzing consent, notice, regulatory duties, and the legal significance of continued conduct after objection. For your draft, "conscious disregard," "reckless indifference," and "willful misconduct" are stronger and more supportable than "malicious" or "oppressive" unless you have specific evidence of intent to injure.