CIVIL LIABILITY OF HEALTH PLANS FOR ERROR BY AN ACCREDITED DOCTOR Bárbara Amanda Lopes

Abstract

Civil liability is a widely debated topic today and its presence in the legal routine is of utmost importance to prevent the moral or patrimonial imbalance resulting from damage caused to others from persisting and, thus, to make reparation for the harm suffered feasible. The scope of this paper is the civil liability of health plans for errors by accredited physicians, and the relationship between health plan operators and their medical professionals is concisely analyzed. The method used consists of exploratory research, through the study of specialized books, legislation and case law, as well as the deductive method, starting from a general premise in order to conclude how and when it would be possible to sue the health plan in the event of medical error. Thus, it was possible to conclude that the liability of health plan operators is objective and joint and several for errors committed by their accredited physicians, allowing the patient to sue the health plan concurrently or individually.