Civil Liability of the Healthcare Provider Insurance Companies with Regard to the Doctors included in their Medical Network

Abstract

The recent Supreme Court  decision of September 20th,  2018,  estab- lishes  the joint  and  several liability  of the health  care insurer and  of the physicians included in  the  medical equipment of the  insurance company due  to  malpractice. The responsibility is based  on the vicarious responsibility derived  from  his  election, and  in  the  insurance contract. It  is  considered that  the  insurer has  a  repetition action against  doctors  as  dependents or as  contract assistants. The  doctors  must face  the  total  payment of the  claim, without being  able to  attribute any  fee to  the healthcare insurer. This  article  analyses the  jurisprudential doctrine regarding  the  delimitation of the responsibility in the damages caused in medical malpractice. And,  in particular, the  imputation of the  liability  to the  healthcare insurers with regard to the  doctors included in their  medical network, as well as the action of repetition against  theses professionals.