A responsabilidade penal do médico pela recusa de tratamento do doente

: o crime de recusa de médico

Abstract

We encounter, at times, with defective and insufficiently substantiated decisions in the field of medical liability for the omission, essentially with regard to the application of the crime of refusing a doctor to cases of the occurrence of an injurious result of essential legal assets, namely life and physical integrity. Bearing in mind the difficulties experienced by the jurisprudence in the context of medical omission, the present study aims to study the legally and criminally relevant omissions and to analyze in which terms the physician who refuses hospital medical assistance during the emergency service should be held responsible. Since the doctor has a duty of special assistance and, in certain cases, a duty of guarantor, it is necessary to discover whether - and how - the doctor can be held responsible in case of omission: for the practice of a specific crime such as it is the crime of refusing a doctor, or for a commission crime by omission. To answer this problem, it is necessary to know in which cases the doctor has a duty of guarantor, and whether the doctor can have both, a duty of guarantor and assistance.

Date of Award	20 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Paula Ribeiro de Faria (Supervisor)