Helen drives to the K Hospital Center LTDA for an emergency consultation. After being attended by a hospital's on-call doctor, she returns home wit...
Helen drives to the K Hospital Center LTDA for an emergency consultation. After being attended by a hospital's on-call doctor, she returns home with the proper medical recommendations and prescriptions. Her health deteriorates, and she passes away. The coroner's report attests to medical error regarding Helena's treatment. About the incident: a) There is a consumer relationship, and the Hospital Center, as a supplier, will be subjectively liable for the service defect. b) There is no consumer relationship, and the Hospital Center will not be liable for the error of its medical representative. c) There is a consumer relationship, and the doctor will be objectively liable as a supplier of the defective service. d) There is a consumer relationship, and the Hospital Center will be objectively liable for the service defect. e) There is no consumer relationship, but the Hospital Center will be subjectively liable for the damage caused by its medical representative.
A situação descrita estabelece uma relação de consumo, e o Hospital Center, como fornecedor, será objetivamente responsável pelo defeito do serviço. Portanto, a alternativa correta é: d) Há uma relação de consumo, e o Hospital Center será objetivamente responsável pelo defeito do serviço.
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