23 August 2024 – In its decision of 12 July 2024, the Federal Supreme Court dismissed the appeal by an insurance company seeking reimbursement from the defendant, a medical facility in which an ophthalmologist has performed surgeries in the field of refractive corneal surgery on the basis of a cooperation agreement, for costs related to medical malpractice claims.

The case concerned an ophthalmologist who performed LASIK surgery on a patient with severe myopia at the defendant's medical facility, leading to complications. The patient alleged that the ophthalmologist recommended an inappropriate procedure during the consultation within the ophthalmologist's own practice premises and failed to provide adequate information. The court found that the ophthalmologist was solely responsible for the erroneous diagnosis made during a consultation at his private practice, and this responsibility did not extend to the defendant, where the surgeries were performed in accordance with the rules of medical art.

Following a settlement with the ophthalmologist's estate, the appellant sought reimbursement from the defendant for the payments made. The court upheld that under the cooperation agreement, the defendant's liability was restricted to activities conducted within their facilities. Since the initial consultation occurred outside the defendant’s premises, the defendant was not liable for the damages arising from that consultation.

The court confirmed that the defendant’s responsibility was confined to events within their facilities and did not extend to the prior consultation at the ophthalmologist's private practice. Consequently, the appellant's claim for reimbursement was denied, and the court awarded costs against the appellant.

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