A responsabilidade da administração pública da saúde por erro médico em diagnóstico pré-natal

: considerações e coordenadas jurídico-públicas

Abstract

The present research - in its essence inspired by the originality that the topic in question entails in the crossing with the similar civilist solution - has the purpose to make a critical foray into the level of the intersection of the assumptions of the civil responsibility of the Public Health Administration, in cases of medical error in the prenatal diagnosis process, of pregnant women monitored in entities that operate at the service of that Administration. Despite the continued existence of doctrinal voices that insist on depriving the theme of theoretical-practical relevance, it seems imperative to recognize that, in the context of a world in which scientific progress is constant, the redefining of borders, in the field of legal discipline, appears to be crucial to avoid creating obstacles to the legal and compensatory protection of individuals injured in the light of illicit and culpable clinical conduct. Similar to what has been the role of jurisprudence, this work also intends to demystify some of the objections that have been at the origin of the refusal to grant actions due to wrongful birth, contributing to the exposure of coordinates that can assist the courts of administrative jurisdiction, in practical application of the assumptions of civil liability, in the identification of faulty medical practices in prenatal care.

Date of Award	25 Sept 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Carla Maria Fermento Amado Gomes (Supervisor)