Analysis of thesis 1.4o.C.22 (11a.) on civil liability of private hospitals for medical malpractice

Abstract

This critique analyzes isolated thesis 1.4o.C.22 C (11a.), emitted by the Fourth Collegiate Court in Civil Matters of the First Circuit, which recognizes the possibility of holding private hospitals civilly liable for medical negligence by third parties, provided that there is a “material link” or “formal relationship” between the treating physician and the hospital. It also argues that hospital advertising, alliances with insurance companies, and the hospital's own recommendations create a legitimate perception of a link in the patient's mind, which should be sufficient to establish liability. Finally, it highlights the profound asymmetry of information between the patient and the hospital, which prevents the true underlying legal relationship from being discerned, and therefore proposes relaxing the standard of proof in favor of more effective protection for the user.