Before being admitted, the consumer signed a form Germany Phone Number declaring that he assumed responsibility for hospital charges, if they were not covered by the health plan. The hospital then used the document to bill the client directly, after the plan operator went bankrupt. Disclosure For Nancy Andrighi, CDC cannot be used for clients to bear losses caused in relationships between companies. Disclosure In its appeal to the STJ, the hospital claimed that the liability agreement signed by the client characterized joint and several liability and was a sufficient legal instrument to authorize the charge directly against him.
Subsidiary liability According to the rapporteur of the appeal, minister Nancy Andrighi, the court of second instance concluded that it was a matter of subsidiary liability, that is, the hospital should first exhaust its attempts to receive payment from the plan operator (main debtor) and only then collect the consumer debt. However, there is no indication in the process that the hospital attempted to collect the amount from the main debtor or his successor, although the health plan client portfolio was transferred to another group. The minister said that the joint and several liability that may exist.