A responsabilidade civil extracontratual do estado no âmbito da violência obstétrica

: em especial, a questão do consentimento do paciente

Abstract

The purpose of this Dissertation is to analyze the legislative and jurisprudential reality of the treatment given to the institute of informed consent within the scope of health institutions of the public hospital network, in the context of obstetric violence. The choice of theme stems from the relevance it currently assumes, considering the significant increase in cases registered in Portugal. We have chosen not to approach the subject from a criminal point of view, since the present investigation is part of a specialization in Administrative Law. In a first phase, we will proceed with a brief historical context of the right to consent, analyzing the various sources, both national and international, that consecrate it. A more in-depth study of the concept of the right to consent will then be carried out, as well as the elements that characterize it. As this is an issue that has only recently begun to surface, few cases of medical liability in Portugal, within the scope of obstetric violence, reach the courts. There is a certain feeling of corporatism in medical activity that makes the resolution of these cases more complex. In addition, the difficulty of proving the agent's guilt and the causal link makes the task very hard for those who intend to be compensated for the damages. Our desire to address this issue stems from the need to raise awareness of the importance of the institute of informed consent in such a sensitive area of medicine: obstetrics. Access to a decent delivery and birth is a fundamental and inviolable right. However, the reality we are witnessing encourages clinical paternalism, depriving the parturient of her autonomy to make the decisions to be taken regarding her own body, in one of the most important phases of her reproductive process: childbirth.

Date of Award	6 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Carla Amado Gomes (Supervisor)