Judgment nº 36/2017 of TS, First Chamber of Civil, January 20, 2017

March 17 , 2017 // Legal Reforms and Debate

Published in VLex

Differences between Health Insurance and Health Care
In health insurance, the Insurer-medical relationship and the Clinics is contractual while the Insured (patient) -Insurance relationship is non-contractual.
In healthcare insurance, the first (medical insurance) is non-contractual and the second (insured-patient- and insurer) contractual, the freedom of choice of the doctor was absolute and without any limitation.
Therefore, the limitation periods for the exercise of legal actions will be 15 or 1 year, depending on whether it is contractual or noncontractual, respectively.

Sentencia nº 36/2017 de TS, Sala 1ª, de lo Civil, 20 de Enero de 2017

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