In short
A settlement with the hospital does not of itself bring down the criminal complaint. The settlement paper writes the item that was agreed in the compensation dispute. A settlement before the court relates to the civil action that is being heard. The fate of the complaint is discussed by reading whether there is a line of giving up on the paper, and whether the act in the file depends on a complaint. Dependence is not guessed in this text. The mediation process is in a separate record. There is no promise of falling.
Which dispute the settlement binds
Article 313 of the Code of Civil Procedure No. 6100 defines a settlement as a contract made before the court, in the action that is being heard, in order to end the dispute in part or in whole. A settlement is made in a dispute the parties may freely dispose of. Matters that remain outside the subject of the action may enter the scope of the settlement. A settlement may also be tied to a condition. If these conditions do not stand on the paper, they are not treated as having stood.
Article 315 writes that this contract ends the action it relates to and produces a legal result like a final judgment. If the parties ask that judgment be given according to the settlement, the court gives judgment according to the settlement contract. If they do not ask, it decides that there is no occasion to give judgment. The action it relates to is not of itself the name of the criminal investigation. If the number of the criminal file is not in the settlement text, the number is not completed from the file number of the civil action.
A release signed in a hospital corridor, or under a power of attorney, may not be the same paper as a settlement contract before the court. Its being called a settlement does not of itself fill the conditions of article 313. The presence, the action, and the parties are read from the paper. A condition that is not read is not treated as completed. The paper in the corridor may build a debt relationship with its own sentences. The relationship it builds does not of itself carry the effect of article 315 of ending the action. Whether it carries it is read from whether the paper was made before the court.
A settlement is made in a dispute the parties may freely dispose of. A criminal investigation is not an item the hospital disposes of on its own. The person who files the complaint is the person harmed by the offence. If there is no sentence of the harmed person giving up, the hospital's payment sentence does not stand in for it.
Article 314 writes that a settlement may be made until the judgment becomes final. There is no number of days in this text. A paper signed after finality is not completed as a settlement inside article 314. A paper that is not completed is read from its own text. That annulment of the settlement may be requested in a case of a defect of will or of exploitation is in the second paragraph of article 315. Annulment is not made a sample petition on this page. Which defect of will occurred is asked from the fact in the file. A fact that is not asked is not written as if there were an annulment.
The line of giving up
If the paper writes only compensation, a release, or that the subject of the action ended, what is written is that. If there is no sentence that the criminal complaint was given up, the sentence is not assumed. If there is a sentence, the sentence should show which file number and which person it relates to. If there is no number, which investigation was meant is not completed. A number that is not completed is not read as covering all the criminal files.
The release shows from its own line which claim closed. If the line says non-pecuniary compensation or treatment costs, that item is read. It is not said that every claim closed before the item is written. A closing that is not said does not cover the complaint either. A release that does not cover it does not put the physician's personal claim, and the claim against the institution, in each other's place. Against which creditor it was written is on the party line.
If the paper between the hospital and the patient does not write the physician as a party, the physician's criminal file is not a party of this paper. Even if the physician was written as a party, if the item written is compensation, the complaint is looked for separately. The list of parties is not the list of giving up. A signature does not mean every item on the list was accepted either. Which item was tied to the signature is read from the sentence in the text.
A payment receipt does not stand in for the settlement text. The receipt may show that an amount came out. The amount is not made a figure in this text. If there is no file number on the description line of the receipt, the number is not invented from the bank movement. A number that is not invented does not mean the complaint closed.
Dependence on a complaint is read from the file
Whether giving up brings down the investigation or the prosecution depends on whether the act depends on a complaint. Dependence is read from the characterisation in the complaint petition or in the indictment. If there is no characterisation, this text does not choose an offence name. In an act that does not depend on a complaint, a line of giving up does not mean the investigation ended of itself. In an act that does depend on a complaint, if there is no line, falling is not assumed either. A falling that is not assumed is not built even if payment was made.
The separation of the criminal route and the compensation route is in the record criminal proceedings and compensation. This page does not rewrite the periods and the offence types of that separation. There is no period, no day of learning, and no execution in this text. The complaint period is not written as a number of days either. The text of Law No. 5237 is not scanned on this page in order to choose a characterisation. The characterisation is on its own paper in the file.
If there is more than one person harmed, the giving up of each is looked for on his own paper. One person's signature does not of itself close the other's complaint. The effect of the closing on the person is read from the record in the file. This text does not guess the number of persons. A number that is not guessed does not complete the signature of a spouse or a relative as the patient's giving up either. If the relative stands on the paper as the person harmed by the offence, that capacity is read. If he does not, it is left as not standing.
The opponent is not chosen from the first signature on the settlement text. The defendant according to the kind of institution is in the article the defendant in a malpractice action. The settlement does not rebuild the list of opponents in that article. A public hospital and a private hospital are not joined as the party of the same paper. A party that is not joined does not erase the physician's personal name either.
The mediation minutes are not this paper
Whether mediation is a condition of the action, what the final minutes are for, and in which court they are looked for, is in the record mediation in malpractice. The minutes may carry an agreement on compensation. Carrying it does not write that the criminal complaint ended. If the agreed item and the line of giving up stand separately in the minutes, they are read separately. If the line of giving up is not in the minutes, the complaint is not treated as ended even if the mediation has ended. A complaint that is not treated as ended does not close with the enforceability of the minutes either. Enforceability is the own question of the compensation item. This page does not rewrite that question.
The mediation minutes are not the short name of a settlement contract before the court. The two may carry the same result. Even if they do, each is read from its own paper. If in the minutes the hospital is a party and the physician is not, the physician is not made a party of the minutes. A party that is not made is not written into the criminal file of itself either.
The office address does not choose the court or the prosecution office where the settlement was made. The authority is in the heading of the paper. The authority in the heading and the bank branch where the payment was made do not have to be the same place. The branch does not change the authority.
The hospital's signature does not close the physician's file
The hospital's signature does not erase the physician's capacity in the criminal file. If the physician does not stand as a name in the settlement text, a name that does not stand is not treated as dropped from the complaint. If the name stands, the name that stands is read by looking at which item it stands for. If the item is compensation, the complaint is looked for separately. If the item was written as giving up the complaint, the sentence that was written is read. The effect of the sentence is asked from whether the act depends on a complaint. An effect that is not asked does not close as falling in this text.
A paper of recourse, or of an internal relation, may stand separately between the physician and the hospital. That paper does not stand in for the patient's complaint. If the internal relation carries the patient's signature, the sentence it carries is read. If it does not, the patient is not made a party of that paper. A party that is not made does not bind the criminal complaint either.
The insurer's payment writing is in the same separation. The writing may show the cover item. There is no limit figure in this text. If the writing does not carry the sentence that the complaint was given up, the sentence is not assumed. A sentence that is not assumed does not close the physician's file either.
Conclusion
A settlement with the hospital binds the civil dispute it relates to. The criminal complaint does not end of itself with this contract. The line of giving up, and dependence on a complaint, are read from the file. A promise that it will fall is not built. The frame is on the health law page. If the party and the line on the paper are to be read, contact is open. The route that is opened is not a promise that the complaint will close.
The basis is articles 313, 314 and 315 of Law No. 6100, together with the criminal complaint's own file. The complaint period is not written into this text as a number of days. An offence type is not chosen on this page. The fate of the complaint is not locked before the payment line is seen.