di Carolina Martins Uscocovich* e Miguel Kfouri Neto**
*Master’s student in Law at UFPR
** Post-Doctorate in Civil Legal Sciences at the Faculty of Law of the University of Lisbon.
Health professionals and hospital institutions carry out risk activities, both morally and materially speaking, which can be prosecuted in case of errors in care and consequent damage. For such reason, insurance companies offer Liability Insurances, in order to protect the professional and the hospital, aiming at complying with any convictions without any loss to the activity. This contract spawns several debates, which run through the basic concepts of insurance law and civil liability, which reflects in the procedural relationship, in consumer relations and even in the administrative field. In order to better comprehend the institute and deepen the research, a comparative study was carried out between the Brazilian and the American systems, where this modality of insurance has greater deference. For this, Brazilian and foreign doctrinal analysis were applied, in addition to analysis of jurisprudence at national level.