Civil liability in management contracts in the Public Health:

the State’s right of recourse against third sector organisations from medical malpractice

Abstract

The present article aims to investigate the civil liability of the State for medical malpractice occurred in public health facilities managed by third sector organisations through a management contract and the possibility of the right of recourse to the State against such organizations. The legal-theoretical method was used, with a bibliographic survey and analysis of federal legislation, doctrine and jurisprudence related to the subject were carried out. It is concluded that, despite the doctrinal divergences presented, considering the understanding of the jurisprudence studied, the State has strict liability for medical malpractice occured under the health management contract, and there is the possibility of a right of recourse in favor of the State, which has paid compensation to the victim of the injury.