Autonomous medical activity's hospital liability a matter of contract coalition

Abstract

The following study analyzes the hospital liability for autonomous medical activity. This study has, as hypothesis, that the amalgam of hospital and medical activities forms a contractual network comprehending the customer (patient), the autonomous doctor and the hospital institution. It sustains that the autonomous doctor and the hospital institution equally form the chain of service supply, a fact that makes possible the supportive liability of the hospital institution for any damage that may come from the exercise of the autonomous medical activity within its premises. For this, the methodology of procedure was used, with the verification of the legal literature on the subject, as well as the approach literature, which is based on a critical-methodological line, backed by a critical theory of reality that includes Law as a problem and as a "complex network of languages and meanings". The doctor's, as well as the hospital's joint supportive liability in the problem-situation presented is the conclusion.