Medical liability: settlement signed by doctor and patient does not free health care facility from liability

With ruling no. 15216 of 30 May 2024, the Supreme Court of Cassation established that a settlement signed by a doctor employed by a health care facility doctor and an injured patient, does not suffice to safeguard the health care facility and its insurers from liability.

Indeed, the health care facility (and its insurers) cannot seek to reduce its debt by invoking any such settlement subscribed to by any of its employed doctors with an injured party.

As a result, the fact that a settlement has been reached, between a doctor employed by a health care facility doctor and an injured patient, does not prevent the patient from either pursuing or commencing a claim for damages against the health care facility.