The role of the doctor has been viewed differently over the years, and while in the past the doctor was seen as a trusted subject whose opinions were almost blindly respected - a paternalistic model - today the patient and their autonomy are prioritised, which makes the doctor liable, both criminally and civilly. It is in the context of civil liability for medical acts that this dissertation is set, with the aim of addressing the civil liability of the Administration for failure to fulfil its duty to supervise capable and incapable patients. We therefore proceeded to analyse the current legal regime and, in particular, the rule set out in Article 10(3) of the RRCEE, a provision that contributes to what we can call the objectivisation of administrative liability, which has helped to ensure that patients' rights can be pursued.
| Date of Award | 25 Sept 2024 |
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| Original language | Portuguese |
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| Awarding Institution | - Universidade Católica Portuguesa
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| Supervisor | Carla Amado Gomes (Supervisor) |
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- Administrative civil liability
- Duties of vigilance
- State
- Medical liability
- Presumption of guilt
A omissão dos deveres de vigilância dos pacientes: análise do artigo 10.º, n.º 3 do RRCEE
Cruz, D. I. S. (Student). 25 Sept 2024
Student thesis: Master's Thesis