No health services professional shall be included as defendant in a civil action claiming damages for medical malpractice faults or negligence caused in the practice of his/her profession as long as said health services professional acts in the performance of his/her duties and functions as an employee of the Medical Services Administration of Puerto Rico. In all civil suits in which claims for damages are brought against the Medical Services Administration of Puerto Rico, in all cases in which a judgment is rendered for acts constituting medical malpractice committed by employees or officials of the Medical Services Administration of Puerto Rico, or by physicians who render services under contract to the Medical Services Administration of Puerto Rico in the performance of their institutional duties; or when judgment is rendered for acts which constitute faults or negligence directly related to the operation of a health care institution under the Medical Services Administration of Puerto Rico, the Medical Services Administration of Puerto Rico, shall be subject to the limits of liability and conditions imposed by §§ 3077 et seq. of Title 32, when compelling liability from the Commonwealth of Puerto Rico in similar circumstances.
History —June 22, 1978, No. 66, p. 203, added as § 8A on July 18, 1998, No. 141, § 1.