A responsabilidade civil médica do Estado por violação do consentimento informado

Abstract

The aim of the present dissertation is to reflect on the medical responsibility regime of the State in informed consent. There are more and more recent cases of medical responsibility for violation of informed consent in Public Hospitals. To this end, we will analyze the greatest differences and similarities between the medical responsibility regimes in Private and Public Law and go through the on the rights and duties inherent to the relationship between doctor and patient. Although these are the same, the majority doctrine and jurisprudence understand that in Private Law there is a medical contractual relationship, which does not happen in Public Law, so that all medical civil responsibility of the State will always be non-contractual. However, we disagree with this dichotomy of regimes and, for this purpose, we discuss, in the present work, the possibility of alternative solutions such as the applicability of fault in vigilando. The reflection and analysis on this theme are increasingly pertinent and current, especially when it comes to the violation of informed consent in which it becomes crucial for the injured party to be able to enjoy the contractual route of liability.

Date of Award	1 Mar 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Carla Amado Gomes (Supervisor)