The decision, issued on October 3, 2011, notes that there was no contract relationship between Hospital Británico and a patient from another health care center that rented Hospital Británico's facilities.
Hospital Británico is one of the most important health care institutions in Uruguay, known for its technical and infrastructure excellence. That is why other well-known private health insurance institutions rent its facilities for providing their own services.
The case dates back to 2006, when a woman who was a member of a private health insurer had surgery at Hospital Británico's premises for a femur fracture.
More than four years later, the patient filed a claim against the surgeon and against Hospital Británico, alleging malpractice in the treatment indicated by the surgeon after the surgery.
Hospital Británico filed a motion to dismiss, alleging that there was no contract relationship with the claimant, who in spite of having used Hospital Británico's facilities had a contract relationship with another health care center. Moreover, the agreement existing between the health care institutions for the facilities rental did not involve the claimant. The ruling supported FERRERE's defense and discarded existence of a contract relationship between the patient and Hospital Británico.
FERRERE’s Laura Araújo represented Hospital Británico in this case, and commented: "This is an encouraging ruling, setting clear ground rules and ensuring well-known health care institutions they will not have to assume direct costs for damages to patients caused in the provision of medical services by other companies using their premises”.